City of Warsaw, MO
Benton County
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Table of Contents
Table of Contents
[Ord. No. 211[1] § 2, 12-21-2015]
A. 
Title And Effective Date. These regulations shall be known and may be cited as the "Unified Development Code, City of Warsaw, Missouri" and are referred to in this document as the "Unified Code," the "UDC," or this "Code." The Unified Development Code shall take effect and be in force from and after December 21, 2015.
B. 
Authority. This Unified Development Code is adopted and administered pursuant to the authority granted to the City of Warsaw by the Missouri Zoning Enabling Act, Sections 89.020 through 89.491, RSMo.
C. 
Purpose. The purposes of this Code are to:
1. 
Implement the Warsaw Comprehensive Plan and other relevant planning documents;
2. 
Promote the health, safety, and welfare of the community;
3. 
Lessen congestion on the roads and enhance pedestrian and vehicular movement with the least detriment to environmental quality;
4. 
Provide adequate light and open space and avoid undue concentration or sprawl of population;
5. 
Provide a planned and orderly use of land, protection of the environment and preservation of viability as a tourist area, all to conserve the value of the investments of the people of this community and encourage a high quality of life and the most appropriate use of land throughout the municipality;
6. 
Prevent the inefficient use of land and prevent overcrowding of land and avoid transportation and public service and facility demands that cannot be satisfied; provide for phased development of government services and facilities; and aid in realizing the policies, objectives, and goals of the City; and facilitate adequate provisions for water, sewage, schools, parks, open space, medical facilities, recreation, and other public requirements to achieve community self-sufficiency;
7. 
Secure the safety of the people against fire hazards, unstable slopes, mudslides, and flood danger;
8. 
Provide clean air by reducing pollutants discharged into the air;
9. 
Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and water bodies, and enhancing public access to recreational water sources;
10. 
Maintain the natural scenic beauty of Warsaw in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, and sustain a tourist-based economy;
11. 
Encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type and design of dwellings and by the conservation of more efficient and attractive use of appropriately located open space; and
12. 
Ensure that development and resource decisions are sustainable not only for the current residents of Warsaw but for future residents and generations also.
D. 
Applicability And Jurisdiction.
1. 
Permit or approval required. All land, buildings, structures, or appurtenances thereon located within the City of Warsaw, which are hereafter occupied, used, erected, altered, or converted shall be used, placed, and erected in conformance with the regulations for the zoning district in which such land or building is located, any applicable development standards, and all applicable development review processes, including obtaining any necessary approvals, authorizations, and/or permits.
2. 
Subdivision compliance required. It is unlawful for any person to subdivide land within the entire area of the City without having first complied with the provisions of this Code.
3. 
Requirements as minimum. The provisions of this Code shall be held to be minimum requirements. No required open space for one building or use shall be computed as being the open space, yard, or area requirement for any other building or use. When this Code imposes a greater restriction than imposed by other ordinances or laws, the provisions of this Code shall govern.
4. 
Emergency powers. The Board of Aldermen may authorize deviations from any provision of this Code during a local emergency. Such deviations shall be authorized by a resolution of the Board of Aldermen without a requirement for prior notice or public hearing.
5. 
Applicability to public agencies. The provisions of the Unified Code shall apply to all public bodies, districts, and agencies of the Federal, State, county, and municipal governments to the extent permitted by law.
E. 
Conflicting Provisions.
1. 
Conflict with other public laws, ordinances, regulations or permits. This Code is intended to complement other City, State and Federal regulations that affect land use. This Code is not intended to revoke or repeal any other public law, ordinance, regulation or permit. However, where conditions, standards or requirements imposed by any provision of this Code are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the Director, shall govern.
2. 
Conflict with private agreements. This Code is not intended to revoke or repeal any easement, covenant or other private agreement. However, where the regulations of this Code are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, then the requirements of this Code shall govern. Nothing in this Code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this Code. In no case shall the City be obligated to enforce the provisions of any easements, covenants or agreements between private third parties.
F. 
Transitional Regulations. The purpose of transitional regulations is to resolve the status of properties with pending applications or recent approvals and properties with outstanding violations at the time of the adoption of this Code.
1. 
Continuity of provisions. The provisions of this Code, insofar as they are substantially the same as previously existing Code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not new enactments. Any actions or proceedings commenced or permits issued pursuant to any previously existing ordinance shall not be affected by the enactment of this Code, but such actions, proceedings, and permits shall hereafter conform to this Code.
2. 
Violations continue. Any violation of the previous versions of this Code shall continue to be a violation under this Code and shall be subject to the penalties and enforcement set forth in Section 405.150, Violations, Enforcement and Penalties, unless the use, development, construction, or other activity complies with the provisions of this Code. Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this Code.
3. 
Legal nonconformities under prior regulations. Any legal nonconformity under the previous zoning and subdivision regulations shall also be a legal nonconformity under this Code, as long as the situation that resulted in the nonconforming status under the previous Code continues to exist. If a nonconformity under the previous zoning and subdivision regulations becomes conforming because of the adoption of this Code, then the situation will no longer be a nonconformity.
4. 
Uses, structures and lots rendered nonconforming. Except as specifically provided in this Code, if any use, building, structure, lot or parcel that legally existed on the effective date of this Code does not meet all standards set forth in this Code, such building, structure or lot shall be considered nonconforming and shall be controlled by Section 405.050(F), Nonconformities.
5. 
Legal recorded nonconforming lots and parcels.
a. 
A legally recorded nonconforming lot or parcel not in a subdivision may be used for any use permitted in the zoning district in which it is located, provided that the lot conforms to all other requirements of this Code, except as provided for in Subsection (F)(5)(b) below.
b. 
A legally recorded nonconforming lot or parcel not in a subdivision shall be permitted to retain its approved minimum lot area, minimum lot width and minimum required yards.
6. 
Processing of applications commenced or approved under previous ordinances.
a. 
Pending applications.
(1) 
Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decisionmaking body prior to the effective date of this Code shall be reviewed in accordance with the provisions of the Code in effect on the date the application was deemed complete by the City. The applicant, however, may waive review under the prior ordinance through a written letter to the Director and request review of the entire application pursuant to this Code.
(2) 
If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this Code.
(3) 
Any reapplication for an expired project approval shall meet the standards in effect at the time of reapplication.
b. 
Preliminary approvals. An application for which approval of a preliminary subdivision plat was granted prior to the effective date of this Code shall be considered as having received preliminary plan approval under this Code, provided that all final plat submittals subsequent to the date of these regulations shall conform to the requirements of this Code. In the instance of large tracts or blocks of land contained within a recorded subdivision and intended or designed for resubdivision into smaller tracts, lots, or building sites, the resubdivision shall comply with all provisions of this Code except for those that, in the opinion of the Board of Aldermen, have been satisfied prior to the filing of the original subdivision plat. Failure to obtain a final plat or plan approval within the specified time shall result in expiration of the preliminary approval.
c. 
Approved projects.
(1) 
Approved rezoning requests, site plans, variances, grading permits or building permits that are valid on the effective date of this Code shall remain valid until their expiration date, where applicable.
(2) 
Projects with valid approvals or permits should comply with the development standards of this Code where the standards will not materially affect the project. In the case that these standards would materially affect the project, it shall be carried out with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed.
(3) 
Any building or development for which a building permit was granted prior to the effective date of this Code shall be permitted to proceed to construction, even if such building or development does not conform to the provisions of this Code, as long as the building permit remains valid.
(4) 
If the development for which the building permit is issued prior to the effective date of this Code fails to comply with the time frames for development established for the building permit, the building permit shall expire, and future development shall be subject to the requirements of this Code.
G. 
Transition To New Zone Districts. Upon the effective date of this Code, land that is zoned with a zoning district classification from the previous zoning regulations shall be reclassified or translated to one (1) of the zone district classifications set forth in this Code by separate action of the Board of Aldermen. Table 405.010-1, Transition to New Zone Districts, summarizes the translation or reclassification of the zoning districts in the previous zoning regulations to the zone districts used in this Code.
Table 405.010-1
Transition to New Zone Districts
Existing District(s)
New District
C-3 and C-4
C-3
H. 
Severability.
1. 
If any court of competent jurisdiction invalidates any provision of this Code, then such judgment shall not affect the validity and continued enforcement of any other provision of this Code.
2. 
If any court of competent jurisdiction invalidates the application of any provision of this Code to a particular property, structure or situation, then such judgment shall not affect the application of that provision to any other building, structure or situation not specifically included in that judgment.
3. 
If any court of competent jurisdiction judges invalid any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
4. 
Whenever a condition or limitation is included in an administrative action authorizing regulatory activity, then it shall be conclusively presumed that the authorizing officer, commission or board considered such condition or limitation necessary to carry out the spirit and intent of this Code, and that the officer, commission or board would not have granted the authorization to which the condition or limitation pertained except in belief that the condition or limitation was lawful.
[1]
Editor's Note: This ordinance also repealed former Ch. 405, Zoning Regulations, adopted 1-7-1985 by Ord. No. 584, as amended.
[Ord. No. 211 § 2, 12-21-2015]
A. 
Purpose And Organization.
1. 
Procedural requirements. This Section describes the procedures for review of all applications for land use and development activity in Warsaw.
a. 
Section 405.020(A)(2), Table of Procedures, includes a summary table listing the land use and development procedures in this Code.
b. 
Section 405.020, Common Development Review Procedures, Subsections (B) through (J), describe standard procedures that are applicable to all or most types of specific applications based on the following review steps:
(1) 
Preapplication meeting.
(2) 
Neighborhood meeting.
(3) 
Application submissions, content and fees.
(4) 
Complete application and staff review.
(5) 
Public notice requirements.
(6) 
Action by review and decisionmaking authorities.
(7) 
Appeals.
2. 
Table of procedures. Section 405.030, Specific Procedures and Approval Criteria, Subsections (A) through (N), include additional provisions unique to each type of application, such as public hearing requirements and approval criteria. The specific procedures work in conjunction with the common procedures. The following procedures are included:
Table 405.020-1
Specific Procedures
Section
Application Type
405.030(B)
Comprehensive Plan amendment
405.030(C)
Rezoning (Zoning Map amendment)
405.030(D)
Unified Development Code amendment (text amendment)
405.030(E)
Conditional use permit
405.030(F)
Site plan
405.030(G)
Planned development
405.030(H)
Alternative compliance
405.030(I)
Major subdivision
405.030(J)
Minor subdivision
405.030(K)
Variance
405.030(L)
Appeal
405.030(M)
Minor modification
405.030(N)
Grading permit
3. 
Administrative Manual for additional materials. The Director may compile the requirements for application contents, forms, fees, submission materials, and review schedule in an Administrative Manual, which shall be made available to the public. The Director may amend and update the Administrative Manual from time-to-time.
B. 
Preapplication Meeting.
1. 
Purpose. The purpose of the preapplication meeting is to provide an opportunity for the applicant and the City to discuss the development concept prior to the application submission for a project in order to:
a. 
Determine the required application(s) and, if necessary, the timing of multiple application submittals (i.e., whether they may be processed concurrently or must be processed sequentially);
b. 
Provide the applicant with application materials and inform the applicant of submittal requirements;
c. 
Provide the applicant with an estimated time frame for the review process;
d. 
Discuss generally compliance with the Code's zoning, use, density, development, and design standards, and attempt to identify potentially significant issues regarding compliance;
e. 
Discuss the need for any neighborhood meetings and public notice requirements; and
f. 
Refer the applicant to other departments or agencies to discuss potential significant issues prior to application submittal.
2. 
Applicability.
a. 
Preapplication meeting recommended. A preapplication meeting is recommended prior to submitting most development applications. The preapplication meeting is designed to help the applicant understand the Warsaw development approval process.
b. 
Record of preapplication conference. The City is not responsible for making or keeping a summary of the topics discussed at the preapplication conference.
C. 
Neighborhood Meeting.
1. 
Purpose and intent. The purpose of the neighborhood meeting is for applicants to educate residents, occupants, and owners of nearby lands about the proposed development and application, receive comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible. The intent is to have applicants take primary responsibility for the neighborhood meetings.
2. 
Applicability.
a. 
A neighborhood meeting is required for the following applications: Comprehensive Plan amendments, rezonings, planned developments, and major subdivisions.
b. 
The Director may require a neighborhood meeting for any application type if the Director determines the application may have significant adverse neighborhood impacts, including but not limited to traffic, noise, visual, or environmental impacts, or where substantial objections have been raised by neighbors. To the maximum extent practicable, the Director shall determine the necessity for a neighborhood meeting at the preapplication meeting.
c. 
If either the Planning and Zoning Commission or Board of Aldermen find that the circumstances of an application justify a neighborhood meeting where a neighborhood meeting was not previously scheduled, or that an additional meeting is necessary as the application process is underway, they may continue the application and instruct the applicant to schedule a meeting following the procedure established in this Section.
3. 
Procedure. If a neighborhood meeting is held by the applicant, it shall be held at the applicant's expense and comply with the following procedures:
a. 
Time and place. The neighborhood meeting shall be held at a place that is convenient and generally accessible to neighbors that reside in proximity to the land subject to the application. It shall be scheduled after 5:00 P.M. on a weekday unless the Director specifies another time that is more convenient under the circumstances.
b. 
Notification.
(1) 
The applicant shall provide notification of the neighborhood meeting a minimum of ten (10) calendar days in advance of the meeting by mail to:
(a) 
All owners and occupants within two hundred (200) feet of the land subject to the application;
(b) 
Any neighborhood organization registered with the City of Warsaw within such two-hundred-foot radius; and
(c) 
Board of Aldermen or Planning and Zoning Commission, when the neighborhood meeting is required by either of those review boards as described in Subsection (C)(2)(c), above.
(2) 
The notification shall State the time and place of the meeting, contain a vicinity map and short description of the project, and State the purpose of the meeting.
c. 
Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal and application, answer any questions, and respond to concerns neighbors have about the application and proposed ways to resolve conflicts.
d. 
Staff attendance. The applicant shall be responsible for scheduling the meeting, coordinating the meeting, and for retaining an independent facilitator if needed. The meeting shall be held prior to submittal of the subject development application. Attendance at the neighborhood meeting by City planning staff is not required, unless deemed necessary by the Director.
e. 
Written summary of neighborhood meeting. The applicant shall provide the Director a written summary or transcript of the neighborhood meeting within ten (10) business days of its conclusion or with the completed application, whichever is sooner. The written summary shall include a list of those in attendance, a summary of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information the applicant deems appropriate. The written summary of the neighborhood meeting shall be included with the application materials and be made available to the public for inspection.
f. 
Response to summary. Any person in attendance at the neighborhood meeting, within five (5) calendar days after the meeting summary has been made public, may submit a written response stating his or her understanding of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information deemed appropriate. All written responses to a summary of the neighborhood meeting shall be included with the application materials and be made available for public inspection.
4. 
Failure to hold meeting. If an applicant fails to hold a neighborhood meeting or does not demonstrate a reasonable effort was made in the notification of such meeting, such failure shall not stop or delay the review process or create a legal cause of action. However, such omission may be just cause for denial of the application.
D. 
Application Submission, Content And Fees.
1. 
Form of application.
a. 
Application submittal requirements, contents and fees shall be established in the individual application forms provided by the City.
b. 
In addition to the information required by the application form, the Director may require applicants for rezoning, conditional use permit, preliminary or final development plan, or preliminary plat to submit any technical studies that the Director deems necessary to enable the Planning and Zoning Commission, Board of Aldermen, or Board of Adjustment to fully evaluate the application. Examples of technical studies include, but are not limited to: traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, photometric (lighting) studies, or surface water management/drainage studies.
2. 
Authority to file application. The person having legal authority to take action according to the approval sought shall file an application for development review or approval under this Code. The person is presumed to be the record owner, purchaser under a sale or option to purchase, or the duly authorized agent of the record owner. Agents may only submit applications where the owner indicates consent in writing, a copy of which consent shall be submitted with the application.
3. 
Where to file applications. All applications required by this Section shall be submitted to the City offices unless otherwise specified.
4. 
Contact person designation.
a. 
The applicant shall designate one (1) person on the application as the primary contact person who will be responsible for all notification, including meeting dates, deadlines and requirements. The City will communicate with the contact person about the application and review procedures. It is the contact person's responsibility to inform the owners or applicant of such information.
b. 
The applicant shall notify the Director in writing if there is to be a change in the contact person. The Director will continue to communicate with the designated contact person until the notice of change has been received.
5. 
Concurrent applications. Where an applicant seeks approval of two (2) different requests for the same parcel simultaneously, the applicant shall submit all necessary documents, plans, maps and other required information in accordance with the provisions relating to both of the submitted applications and pay all appropriate fees for both applications.
6. 
Application content and fees.
a. 
Application contents: general. The Director is authorized to establish submittal requirements for all land use development applications required by this Section and to update and amend such requirements as necessary to ensure effective and efficient City review. Applicants shall refer to the individual application forms for submittal requirements for each type of land use development application. The applicant shall provide any additional information, documents, or other material relevant to the application that the Director reasonably believes is necessary in order for the City to evaluate, analyze and understand the subject matter of the application.
b. 
Submittal waivers pursuant to preapplication meetings. At or following a preapplication meeting, the Director may waive certain submittal requirements set forth in the application form, except for fees, in order to reduce the burden on the applicant and to tailor the requirements to the information necessary to review a particular application. The Director may waive such requirements where the Director finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development or subdivision clearly justify such waiver. This discretion may only be exercised if a preapplication meeting is held.
c. 
Fees. Nonrefundable fees are required at the time of the filing of any development application and are payable to the City in accordance with the fee schedules adopted by City ordinance. The City may require, in addition to the fees above, that the applicant pay all or a portion of the reasonable fees charged by private consultants retained by the City for the purposes of reviewing the application and advising City officials and agencies with respect thereto. The Director will notify the applicant prior to retaining any such consultant.
d. 
Authorization and payment required. The City shall adopt and amend from time to time a fee schedule setting forth an assessment of fees to defray the cost of processing land development applications under this Section. At the time of submittal, all applications shall include payment of the processing fee, as well as any review fees charged by agencies which the City has agreed to collect.
e. 
No required fees for City-initiated applications. No fee shall be required for land development applications initiated by the City.
E. 
Complete Application And Staff Review.
1. 
Complete application required for processing. All application submissions must be complete prior to any processing by the City of Warsaw. A complete application includes all of the submittal information identified on the application form and any items or exhibits requested by the Director that are consistent with the standards and requirements of this Code. A complete application is also accompanied by the applicable fee. Incomplete applications shall be denied.
2. 
Official submission. An application shall be officially submitted when it is presented to the Director, either through hand submitted copy of the application, or electronically submitted copy of the application filed pursuant to instructions for electronic filing identified on the City of Warsaw webpage or portal at such time as the City makes this technology available, filed on a business day during normal office hours.
3. 
Determination of completeness. The City's acceptance of an application for completeness review does not bind the City to accept an incomplete application.
a. 
Completeness determination. Staff shall determine whether an application is complete no later than ten (10) calendar days after the official submission of the application.
(1) 
Staff shall make its determination of an incomplete application in writing. An e-mail to the applicant or comment in the City's permit on-line tracking system, if one is established, shall be considered a determination in writing.
(2) 
Notice occurs upon dispatch or publication, not upon receipt.
(3) 
The determination shall identify the documents, studies, or other information needed to make the application complete.
b. 
Incomplete applications rejected. An incomplete application shall not be processed by the City. The City may retain the application fee paid for any submitted application. Following notice of an incomplete application, the applicant shall have thirty (30) days to submit the information required to make the application complete or the application shall be deemed rejected. After thirty (30) days the City shall require that any additional or further requests by the applicant be accompanied by a new application and fee.
4. 
Staff review.
a. 
Review by other departments and divisions.
(1) 
In addition to internal review, staff may distribute the complete application to other City departments and divisions and to any other appropriate governmental or quasi-governmental agencies and bodies to solicit comments and ensure that the proposal complies with all applicable standards, requirements and review criteria. The applicant shall be responsible for submitting any additional information or revised plans required by staff or the referral agencies in a timely manner. As applicable, the review and decisionmaking bodies shall consider the services and facilities provided by the referral agencies as a factor in approval of the complete application. The criteria for evaluating sufficiency of the services that must be satisfied for the approval of the application shall be provided to the review and decisionmaking bodies as a part of any referral response.
(2) 
Referral agencies shall comment in writing after receiving a complete application. The failure of any agency to respond shall be considered no comment on the application by that agency. As applicable, referring agencies will provide the review and decisionmaking bodies with a summary of any capacity evaluation study that assesses the availability of City-provided facilities or services to the proposed development. The summary will include an explanation of the agency's assumptions regarding available capacity.
b. 
Subsequent requests for information. Staff and referral agencies shall use best efforts to identify all major issues and to request additional information, data, or reports from the applicant during the review period described above. This provision shall not be interpreted to preclude staff or referral agencies from requesting revisions or corrections to previously submitted materials if such materials are subsequently found to be inaccurate, incomplete, or if subsequent plan revisions do not comply with this Section.
F. 
Public Notice Requirements. Applications for development approval shall comply with the Missouri Statutes and the provisions of this Section with regard to public notification.
1. 
General notice requirements and timing of notice.
a. 
Unless otherwise stated in this Code, notice for all public hearings shall be given pursuant to this Section. Notice may be written (mailed), published or posted as further described in this Section. Agenda notice shall be posted and published on the City's website a minimum of seventy-two (72) hours prior to a meeting.
b. 
Table 405.020-2 sets forth the specific notice requirements for applications requiring any type of notification.
Table 405.020-2
Notice Requirements
Procedure
Section
Type of Notice Required
Publish
Written/ Mailed
Posted
Agenda
Comprehensive Plan amendment
405.030(B)
Rezoning (Zoning Map amendment)
405.030(C)
Unified Development Code amendment (text amendment)
405.030(D)
Conditional use permit
405.030(E)
Site plan
405.030(F)
Planned development
405.030(G)
Alternative compliance
405.030(H)
Major subdivision
405.030(I)
Minor subdivision
405.030(J)
Variance
405.030(K)
Appeal
405.030(L)
Minor modification
405.030(M)
Grading permit
405.030(N)
2. 
Content. Notices, whether by publication or written, shall at a minimum:
a. 
Identify the address or location of the property subject to the application and the name, address and telephone number of the applicant or the applicant's agent;
b. 
Specify the date, time and place of the public hearing;
c. 
Describe the nature, scope and purpose of the application or proposal;
d. 
Notify the public where to view the application; and
e. 
Include a statement that the public may appear at the public hearing or be heard, if any, and submit evidence and written comments with respect to the application.
3. 
Published notice. When the provisions of this Code require that notice be published, the City shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation that has been selected by the City. The content and form of the published notice shall be consistent with Section 405.020(F)(2), Content, above and the requirements of Missouri Statutes. Unless otherwise specified in the specific procedure section, published notice shall be provided before the 15th day before the date of the hearing.
4. 
Written (mailed) notice.
a. 
When the provisions of this Code require that written or mailed notice be provided, the Director shall be responsible for preparing and mailing notice to specific property owners of their opportunity to be heard.
(1) 
Written notice shall be sent via regular mail notice at least fifteen (15) days prior to the date of the hearing.
(2) 
Written notice of the public hearing on the application shall be provided to the owner of the property for which the approval is sought and all property owners within one hundred eighty-five (185) feet of the subject property.
(3) 
In cases of an application where a protest petition may be submitted, the notice shall also contain a statement explaining that property owners within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the district to be changed shall have the opportunity to submit a protest petition.
b. 
Written notice to property owners shall be required only for the initial presentation of the proposed development at a public hearing. Additional mailed notice shall not be required where the application is not decided at the initial public hearing unless otherwise directed by the City.
c. 
If the hearing is deferred or continued at the applicant's request, the applicant shall be responsible for paying any additional fees for the purposes of renotifying adjacent property owners.
5. 
Posted notice.
a. 
For applications where posted notice is required, it shall be posted on the property and maintained for at least fifteen (15) days prior to the date of the public hearing.
b. 
Any posted notice shall be a minimum of twenty-four (24) inches by thirty-six (36) inches and printed so that the following information is visible from a distance of one hundred (100) feet from a public street or right-of-way:
(1) 
Current zoning classification;
(2) 
Proposed zoning classification/use;
(3) 
Proposed type of development review (e.g., rezoning, subdivision, variances); and
(4) 
Date and time of the hearing.
c. 
Projects abutting more than one (1) right-of-way may be required to post additional notices.
6. 
Constructive notice.
a. 
Minor defects.
(1) 
Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties.
(2) 
Failure of a party to receive written notice shall not invalidate subsequent action.
(3) 
In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed.
(4) 
If questions arise at a review hearing regarding the adequacy of notice, the decisionmaking authority shall direct the Director to make a formal finding as to whether there was substantial compliance with the notice requirements of this Code, and such finding shall be made available to the decisionmaking authority prior to final action on the request.
b. 
Presumption of notice. When the City records of publication, mailing and posting of notices as required by this Section, it shall be presumed that notice of a public hearing was given as required by this Section.
G. 
Action By Review And Decisionmaking Authorities.
1. 
Recommendations by review authority.
a. 
The proper review authority (Director, Planning and Zoning Commission, Board of Aldermen, or Board of Adjustment) is established for each type of procedure in the specific review procedures. The review authority shall evaluate the application, referral comments, staff report, and public testimony, if any, and make a recommendation to the decisionmaking authority to approve, approve with conditions, continue for additional information or for further study, or deny the application.
b. 
The review authority's actions shall be based on the evidence presented and compliance with the general review criteria identified in Section 405.020(G)(7), below, and the specific review criteria for each application as identified in Section 405.030(B) through (N).
2. 
Review and action by decisionmaking authority.
a. 
The proper decisionmaking authority (Director, Planning and Zoning Commission, Board of Aldermen, or Board of Adjustment) is established for each type of procedure in the specific review procedures. A decisionmaking authority may take action on an application or appeal by approving, approving with conditions, continuing, or remanding for additional information or for further study, or denying the application or appeal.
b. 
In taking action, the decisionmaking authority shall evaluate the application, referral comments, staff report, public testimony, if any, and the review authority's recommendation. All final decision actions shall be based on the application or appeal's compliance with the general review criteria identified in Section 405.020(G)(7), below, and the specific review criteria for each application as identified in Section 405.030(B) through (N).
3. 
Withdrawal of application by applicant. An applicant shall have the right to withdraw an application, without prejudice, at any time prior to action on the application at a public hearing or meeting. The applicant shall submit in writing the withdrawal request to the Director, and after such withdrawal, the City will not take further action on the application. The application shall be considered terminated, and no rights shall vest based on the application. To reinitiate review, the applicant may resubmit the application; in all respects it shall be treated as a new application for purposes of review, scheduling, and payment of application fees. Withdrawal of an application from a public hearing or meeting agenda is at the review or decisionmaking authority's discretion.
4. 
Continuation of public hearings. The review or decisionmaking authority may continue the public hearing for its consideration of the application for a definite time not to exceed sixty (60) days, unless a longer period is agreed to by the applicant in writing or at a public hearing. The continuance may be granted by the review or decisionmaking authority on its own initiative or at the request of the applicant or affected property owners. A review or decisionmaking body may also deny a request for continuation.
5. 
Written findings of fact.
a. 
Unless otherwise specifically required by this Code or other applicable laws, written findings are not required for a final decision on any application. However, any decision may be expressly made subject to the subsequent adoption of written findings and, in that case, the decision shall not be final until the findings are adopted.
b. 
Where an appeal of any quasi-judicial decision has been filed with the Circuit Court of Benton County, in cases where written findings have not been adopted, written findings shall be adopted by the approving authority within forty-five (45) days of service of the appeal on the City and thereafter shall be certified by the Circuit Court as part of the administrative record. The forty-five-day time period for adoption and certification of findings may be extended with the permission of the court.
6. 
Conditions of approval.
a. 
The review or decisionmaking authority may recommend or impose such conditions upon the subject development as is necessary to carry out the general purpose and intent of this Code. Conditions and additional information requirements shall be in written form and attached to the approved plan, plat, or permit.
b. 
Conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development and shall be based upon the review criteria specified in each procedure's adopted standards.
c. 
The decisionmaking authority may place specific time limits on the satisfaction of any condition of approval. If a time limit is not specified in the approval or in the specific provisions of this Code, then a one-year time limit shall apply.
d. 
The decisionmaking authority may require financial guaranties, as identified in Section 405.030, from the applicant where it finds such guaranties are necessary to ensure compliance with conditions of approval and to protect the public health, safety, or welfare. The City shall release such guaranties when the Director has determined that all conditions attached to the approval have been or will be satisfied.
e. 
Conditions of approval shall be met or financial guaranties provided prior to the issuance of a certificate of occupancy or the appropriate final permit required by the City.
7. 
Generally applicable review criteria. Unless otherwise specified in this Section or the specific procedure, City review and decisionmaking bodies shall review all development applications submitted pursuant to this Section for compliance with the general review criteria stated below. The application may also be subject to additional review criteria specific to the type of application. In case of conflict between the general review criteria set forth in this Section and the specific review criteria, the specific review criteria shall apply. A development application must be in compliance with these review criteria prior to the issuance of a certificate of occupancy or the appropriate final permit required by the City unless otherwise provided for in the development approval.
a. 
Consistent with prior approvals. Where a preliminary plan or plat was submitted and approved, a subsequent application for the same development shall be consistent with the terms and conditions of such prior preliminary plan or plat approval for the project including, without limitation, an approved phasing plan for development and installation of public improvements and amenities.
b. 
Consistent with Comprehensive Plan. The proposal is consistent with the City of Warsaw Comprehensive Plan and any applicable subarea, neighborhood, sector or district plan. The decisionmaking authority shall weigh competing plan goals, policies and strategies and may approve an application that provides a public benefit even if the development is contrary to some of the goals, policies or strategies in the Warsaw Comprehensive Plan or other applicable plans.
c. 
Compliance with use and development standards. The proposal complies with all applicable use standards, site development standards, design standards, subdivision standards, public improvement standards, floodplain management standards and all other applicable substantive standards stated in this Code or other applicable City code. Such compliance shall be applied at the level of detail required for the subject submittal and those standards which are not otherwise modified, varied or waived as allowed by this Code.
d. 
Compliance with other applicable regulations. As applicable, prior to final approval of the proposed development pursuant to this Code, the proposed development complies with all other City regulations and with all applicable regulations, standards, requirements or plans of the Federal or State governments and other relevant jurisdictions, including but not limited to wetlands, water quality, erosion control and wastewater regulations.
e. 
Minimizes adverse environmental impacts. The proposed development meets or exceeds all environmental protection standards in this Code, is designed to minimize negative impacts, and does not cause significant adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, scenic resources, wildlife habitat, soils, native vegetation and the natural functioning of the environment.
f. 
Minimizes adverse impacts on surrounding property. The proposed development meets or exceeds all neighborhood protection standards in this Code and all other site development standards intended at least in part to protect the existing character of neighboring properties and uses and does not cause significant adverse impacts on surrounding properties.
g. 
Minimizes adverse fiscal or economic impacts. The proposed use will not result in significant adverse fiscal or economic impacts on the community or the City.
h. 
Compliance with utility, service and improvement standards. As applicable, the proposed development complies with Federal, State, county and/or service district standards and design/construction specifications for roads, access, drainage, water, sewer, schools and emergency/fire protection.
i. 
Provides adequate road systems. There is adequate road capacity available to serve the proposed use, and the proposed use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site, including adequate access onto the site for fire, public safety and EMS services.
j. 
Provides adequate public services and facilities. There will be capacity to provide adequate public services and facilities to accommodate uses permitted under the proposed development at the time such needs or demands arise while maintaining adequate levels of service to existing development. Public services and facilities include, but are not limited to, roads, domestic water, sewer, schools, public safety, fire protection, libraries and vehicle/pedestrian connections and access within the site and to adjacent properties.
k. 
Rational phasing plan. As applicable, the proposed phasing plan for development of the project is rational in terms of available infrastructure capacity. In addition, each phase of the development shall contain all of the required streets, utilities, landscaping, open space and other improvements that are necessary and desirable for the residents and users of that phase and shall not be dependent upon subsequent phases for those improvements.
H. 
Appeals.
1. 
Procedures. Appeal procedures depend on the type of application and the appropriate review and decisionmaking authority. The applicant should consult with the specific provisions of this Code for requirements. This Section refers only to appeals to be heard by a City decisionmaking authority. Certain decisions that may be appealed by State law to a court are not covered by this Section.
a. 
Board of Adjustment. Most appeals of administrative determinations shall be made to the Board of Adjustment as provided in Section 405.030(L).
b. 
Planning and Zoning Commission. As identified in the specific provisions, some decisions of the Director or other departments may be appealed to the Planning and Zoning Commission by filing a written notice of appeal with the Director within ten (10) calendar days after the rendering of the decision. Upon filing of a written notice of appeal, the matter shall be placed on the agenda of the next regularly scheduled meeting of the Planning and Zoning Commission no later than thirty (30) calendar days after the notice of appeal has been filed. The Planning and Zoning Commission may hear the appeal at its regular meeting or set a special hearing date at its discretion.
c. 
Board of Aldermen. As identified in the specific provisions, some decisions of the Planning and Zoning Commission or Director may be appealed to the Board of Aldermen by filing a written notice of appeal with the Director within ten (10) calendar days after the rendering of the decision by the Planning and Zoning Commission or Director. Upon filing of a written notice of appeal, the matter shall be placed on the agenda of the next regularly scheduled meeting of the Board of Aldermen, no later than thirty (30) calendar days after the notice of appeal has been filed. The Board of Aldermen may hear the appeal at its regular meeting or set a special hearing date at its discretion.
d. 
Board of Aldermen decisions. A decision by the Board of Aldermen may be appealed to a Missouri court of record as permitted by Missouri Statutes.
2. 
Effect.
a. 
Stay of proceedings. The appeal of any decision or administrative action stays all proceedings in furtherance of the decision or administrative action.
b. 
Abandoned appeal. If an appeal is filed but not pursued (either withdrawn or continued at the applicant's request) for a period of ninety (90) days, the appeal shall be considered abandoned and the decision or administrative action shall be considered final.
c. 
Imminent peril. Where a stay of proceedings would cause imminent peril to life or property, the official from whom the appeal is taken or the Director may certify in writing to the decisionmakers hearing the appeal that the stay would cause such harm. The stay will be lifted pending hearing on the appeal. In such case, the action may be stayed only by a restraining order granted by a decisionmaking body or court of record if due cause is shown following notice to the official or Director.
I. 
Inactive Applications.
1. 
Criteria. The Director may notify the applicant in writing that an application will be considered inactive unless corrective action is taken within forty-five (45) days, if at any point in a development review process the following have occurred:
a. 
The applicant fails to attend any scheduled mandatory neighborhood meeting, meeting with the Director, meeting or hearing before the Planning and Zoning Commission, Board of Adjustment or Board of Aldermen; or
b. 
The applicant has not responded to a staff report, has not agreed to a date for a meeting or hearing before the Planning and Zoning Commission or Board of Adjustment, has not given proper public notice as required by this Chapter, or has not taken some other affirmative step within a reasonable time frame that is within the applicant's control and is necessary to advance the application for a final determination. A reasonable time frame shall be determined by the Director taking into account average response times from similar applicants on similar applications; or
c. 
The applicant fails to submit an application for the next required permit for the approved application within two (2) years.
2. 
Application terminated. No further processing of such application shall occur until the deficiencies are corrected. If the applicant does not correct the deficiencies within the forty-five-day correction period, the application shall be considered automatically withdrawn and terminated. Any resubmittal of the application thereafter by the applicant will be treated as a new application for purposes of review, scheduling and payment of application fees.
J. 
Actions And Limitations Following Development Approval Or Denial.
1. 
Termination of approval. Approvals granted under this Code terminate if unused by the applicant after a reasonable period of time.
a. 
Lapse. Except as otherwise specified in the specific procedures sections of this Code, an approval granted under these regulations shall lapse and shall become void one (1) year following the date of final approval unless, prior to the expiration date, a building permit based upon such approval is issued and construction is commenced and diligently pursued toward completion.
b. 
Extension.
(1) 
An approval may be extended by up to one (1) year by the body that issued the original approval. Requests for extensions of more than one (1) year must show good cause for the need for extension.
(2) 
All requests for extensions shall be submitted to the Director in writing at least thirty (30) days prior to the expiration of approval. An extension request shall include payment of required fees and a written description of the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood, any changes to the Comprehensive Plan or this Code that have occurred since approval of the permit/plan as these changes affect the permit/plan, and the anticipated time schedule for completing the review project and/or the specific project. Additional review of the permit/plan may result in additional conditions.
(3) 
If the extension is denied, the applicant may resubmit a new application, subject to the fees and regulations in effect at the time of resubmittal, for the same project.
2. 
Limitations on successive applications.
a. 
Limitations on resubmittals. No application on the same request shall be permitted within one (1) year of an application denial unless the Commission determines that extenuating circumstances exist. A notation of "denied without prejudice" on the minutes of the prior action on an application shall be evidence of the existence of extenuating circumstances and resubmission shall be permitted.
b. 
Amendments.
(1) 
All substantial changes, modifications, removal or release of the provisions of an approved plan or plat that do not qualify as minor modifications under Section 405.030(M) shall be considered amendments. Amendments shall include, but are not be limited to, changes in use, access, layout, any condition of approval, any change resulting in significant increased off-site impacts, and similar changes as determined by the Director.
(2) 
For purposes of review and scheduling, proposed amendments are treated as new applications subject to the applicable procedures and review criteria set forth in this Chapter unless otherwise noted in the specific review procedures.
(3) 
All approved amendments to a recorded plan or plat shall be recorded within ninety (90) days of the amendment's approval.
c. 
Modification of conditional use permits. A request to modify, expand, or otherwise change an approved conditional use permit not in substantial conformance with the approved permit shall be processed according to the provisions of this Section as a new application.
[Ord. No. 211 § 2, 12-21-2015]
A. 
Summary Of Specific Procedures. Table 405.030-1 summarizes the land use and development procedures in this Section and identifies the bodies that have review and decisionmaking responsibilities for each procedure. Exceptions to these general rules apply; see Subsections (B) through (N) for details on each procedure. Other boards, commissions, government agencies, and nongovernmental agencies may be asked by staff, the Planning and Zoning Commission, or the Board of Aldermen to review some applications, including, but not limited to, rezoning and plat approvals.
Table 405.030-1
Summary of Administrative Review Procedures
Procedure
Section 405.030.
Planning Director/ Staff
Planning and Zoning Commission
Board of Aldermen
Board of Adjustment
Key: R = Review A = Approve PH = Public hearing X = Appeal
Comprehensive Plan amendment
B
R
A
Adopt by resolution
Rezoning
C
R
PH/R
A
Unified Development Code amendment (text amendment)
D
R
PH/R
A
Conditional use permit
E
R
R
A
Site plan
F
X
Administrative
R
X
PZC review
R
A
X
Planned development
G
Preliminary plan
R
PH/A
Final plan
R
R
A
Alternative compliance
H
R
R/X
A
Major subdivision
I
R
R
A
Preliminary plat
R
PH/A
Final plat
R
R
A
Minor subdivision
J
A
X
Variance
K
R
PH/A
Appeal
L
R
PH/A
Minor modification
M
A
X
Grading permit
N
A
X
B. 
Comprehensive Plan Amendments.
1. 
Purpose. The purpose of this Subsection is to provide standards and requirements for amending the Warsaw Comprehensive Plan and other adopted City plans. The amendment process is established in order to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of the City.
2. 
Applicability. An application for plan amendment may be initiated by the Board of Aldermen, Planning and Zoning Commission or Director, or requested by a property owner in the City.
3. 
Procedures.
a. 
Preapplication meeting. A plan amendment applicant is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Notice for a plan amendment shall be by publication, pursuant to Section 405.020(F).
c. 
Action by review and decisionmaking bodies. A plan amendment application is reviewed and approved by the Planning and Zoning Commission and certified to the Board of Aldermen. The Board of Aldermen may adopt the plan amendment by resolution.
d. 
Planning and Zoning Commission hearing. The Planning and Zoning Commission shall hold a public hearing and determine whether to approve, approve with revisions, postpone, or deny the application for plan amendment based on consideration of the following criteria:
(1) 
The existing plan and/or any related element of the plan is in need of the proposed amendment;
(2) 
The proposed amendment is compatible with the surrounding area and the goals and policies of the plan;
(3) 
The proposed amendment will have no major impact on transportation services and facilities;
(4) 
The proposed amendment will have minimal effect on service provision, including adequacy or availability of facilities and services, and is compatible with existing and planned service provision;
(5) 
The proposed amendment is consistent with the City's ability to annex the property (if applicable);
(6) 
The proposed amendment is consistent with the logical expansion of services (if applicable);
(7) 
Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; and
(8) 
The proposed plan amendment will promote the public welfare and will be consistent with the goals and policies of the Warsaw Comprehensive Plan and the major elements of the plan.
(9) 
The following review criteria from Section 405.020(G)(7), Generally applicable review criteria, shall also be applicable:
(a) 
Minimizes adverse environmental impacts;
(b) 
Minimizes adverse impacts on surrounding property; and
(c) 
Minimizes adverse fiscal or economic impacts.
C. 
Rezoning (Zoning Map Amendment).
1. 
Purpose. The boundaries of any zone district may be changed or the zone classification of any parcel of land may be changed pursuant to this Subsection. The purpose of rezoning is to make adjustments to the official Zoning Map that are necessary in light of changed conditions, changes in public policy, to conform to the Warsaw Comprehensive Plan or other applicable plans, or to advance the general welfare of the City. Rezonings should not be used as a way to legitimize nonconforming uses or structures or when a conditional use, variance or minor administrative modification could be used to achieve the same result.
2. 
Applicability. An application for a rezoning may be initiated by the Board of Aldermen, Planning and Zoning Commission or the Director, or requested by a property owner in the City.
3. 
Procedures.
a. 
Preapplication meeting. An applicant for rezoning is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). Rezoning applications shall be submitted with a site plan pursuant to Section 405.030(F).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Published, written, and posted notice shall be provided before the 15th day prior to the Planning and Zoning Commission public hearing according to Section 405.020(F).
4. 
Action by review and decisionmaking bodies. A rezoning application is reviewed by the Planning and Zoning Commission and decided upon by the Board of Aldermen.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public meeting and make a recommendation to approve, approve with revisions, postpone, or deny the application for rezoning.
b. 
Board of Aldermen review.
(1) 
The Board of Aldermen shall hold a public hearing to review the application and shall approve, approve with conditions, postpone, or deny the proposed rezoning.
(2) 
If there is a valid protest against the change of zoning that is signed by the owners of at least thirty percent (30%) of either: the area of land (exclusive of street and alleys) included in the proposed change, 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 changed, a Zoning Map amendment will not become effective except upon the affirmative vote of two-thirds (2/3) of all members of the Board of Aldermen.
c. 
Review criteria. The application shall comply with all of the criteria in Section 405.020(G)(7) as well as the following specific criteria:
(1) 
Whether the proposed rezoning corrects an error or meets the challenge of some changing condition, trend, or fact since the time that the original text or map designations were established;
(2) 
Whether the proposed rezoning is consistent with the Warsaw Comprehensive Plan or other applicable City plans or policy guides;
(3) 
Whether the proposed rezoning is consistent with the purpose and intent of this Code;
(4) 
Whether and the extent to which the proposed rezoning addresses a demonstrated community need;
(5) 
Whether the proposed rezoning will protect the health, safety, morals, and general welfare of the public;
(6) 
Whether the proposed rezoning will contribute to mitigation of adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation;
(7) 
Whether the proposed rezoning will ensure efficient development within the City;
(8) 
Whether the proposed rezoning will result in a logical and orderly development pattern; and
(9) 
Whether the property has remained unused or underutilized under the current zoning designation.
5. 
Adoption by ordinance. Amendments to the Zoning Map shall be approved in the form of an ordinance and shall be indicated on the official Zoning Map.
6. 
Successive applications.
a. 
If the Board of Aldermen denies an application for rezoning, an application for the same or more intensive zoning shall not be refiled for one (1) year from the advertised public hearing date of the Board of Aldermen. An application for a less intensive zoning classification may be submitted at any time.
b. 
The Planning and Zoning Commission may, upon petition of the applicant, permit a filing of the application after six (6) months from the date of the original Board of Aldermen hearing when it determines that significant physical, economic, or land use changes have taken place on or in the immediate vicinity of the subject parcel.
D. 
Unified Development Code Amendment (UDC Text Amendment).
1. 
Purpose. The purpose of this Subsection is to provide standards and requirements for amending the text of this Code. The purpose of text amendments is to make adjustments to the text of this Code that are necessary in light of changed conditions, changes in public policy, or that are necessary to advance the general welfare of the City. Text amendments are not intended to relieve particular hardships or to confer special privileges or rights on any person.
2. 
Applicability. An application for a UDC text amendment may be initiated by the Board of Aldermen, Planning and Zoning Commission, or Director, or requested by an owner of land in the City.
3. 
Procedures.
a. 
Preapplication meeting. A nonCity applicant for a UDC text amendment is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Published notice shall be provided before the 15th day prior to the Board of Aldermen public hearing according to Section 405.020(F).
4. 
Action by review and decisionmaking bodies. A UDC text amendment application is reviewed by the Planning and Zoning Commission and decided upon by the Board of Aldermen.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to approve, approve with revisions, postpone, or deny the application for text amendment.
b. 
Board of Aldermen public hearing. The Board of Aldermen shall hold a public hearing and shall approve, approve with edits, postpone, or deny the proposed UDC text amendment.
c. 
Review criteria. Recommendations and decisions on UDC text amendments shall be based on consideration of the following criteria:
(1) 
Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the time that the original text designations were established;
(2) 
Whether the proposed amendment is consistent with the Warsaw Comprehensive Plan or other applicable City plans and policy guides;
(3) 
Whether the proposed amendment is consistent with the purpose and intent of this Code;
(4) 
Whether the proposed amendment will result in a logical and orderly development pattern; and
(5) 
Whether the proposed amendment is in the best interests of the City as a whole.
5. 
Adoption by ordinance. UDC text amendments shall be approved in the form of an ordinance.
E. 
Conditional Use Permit.
1. 
Purpose and applicability.
a. 
The City of Warsaw recognizes certain uses that may be appropriate in a specific zoning district, but which may have characteristics that, depending upon the location, design, and manner of operation, may have a greater impact than permitted uses on adjoining properties, businesses, or residences. Such uses require more comprehensive review, including the ability of the City to establish specific conditions for the project in order to mitigate any potential adverse impacts.
b. 
All uses listed as "conditional" in Table 405.050-1 shall be required to follow the procedures set forth below.
2. 
Applicability. An application for a conditional use permit may be initiated by the Board of Aldermen, Planning and Zoning Commission, or the Director, or requested by a property owner in the City.
3. 
Procedures.
a. 
Preapplication meeting. An applicant for a conditional use permit is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). Conditional use permit applications shall be submitted with a site plan pursuant to Section 405.030(F).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Posted notice shall be provided before the 15th day prior to the Planning and Zoning Commission public hearing according to Section 405.020(F).
4. 
Action by review and decisionmaking bodies. A conditional use application is reviewed by the Planning and Zoning Commission and decided upon by the Board of Aldermen.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to approve, approve with revisions, postpone, or deny the application for conditional use permit.
b. 
Board of Aldermen review. The Board of Aldermen shall hold a public meeting to review the application and shall approve, approve with conditions, postpone, or deny the conditional use permit.
c. 
Review criteria. The conditional use permit application shall comply with all of the criteria in Section 405.020(G)(7) as well as the following specific criteria:
(1) 
The proposed conditional use is consistent with the Warsaw Comprehensive Plan;
(2) 
The proposed conditional use complies with all applicable provisions of the UDC;
(3) 
The proposed conditional use will not have a negative impact on the value of surrounding property or the general neighborhood;
(4) 
The location and size of the conditional use, the nature and intensity of the operation involved or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent the development and use of neighborhood property in accordance with the applicable zoning district regulations. In determining whether the conditional use will dominate the immediate neighborhood, consideration shall be given to:
(a) 
The location, nature, and height of buildings, structures, walls, and fences on the site; and
(b) 
The nature and extent of the proposed landscaping and buffering on the site.
(5) 
Whether adequate utility, drainage, and other necessary facilities have or will be provided; and
(6) 
Whether adequate access roads or entrance and exit drives will be provided and shall be designed to prevent traffic hazards and minimize traffic congestion.
5. 
Special conditions. The Planning and Zoning Commission may stipulate conditions and limitations on the approval of the conditional use permit in the interest of the public welfare and to assure that the intent of this Code is carried out.
a. 
Conditions. The approval of a conditional use permit may place reasonable stipulations or conditions on the operation, location, arrangement, or construction of a conditional use in order to assure the protection of adjacent properties and uses in the vicinity, and to safeguard the welfare of the citizenry as a whole as it may be affected by the use.
b. 
Time limits and expiration.
(1) 
All conditional use permits expire upon any transfer of ownership of the property on which the conditional use is located.
(2) 
The Planning and Zoning Commission may impose any time limits on the duration of a conditional use permit use that the Commission finds appropriate for the circumstances of the use.
6. 
Extension of time or amendment. When a conditional use permit is set to expire due to an imposed time limit and the property owner wishes to continue the use, or when an applicant wishes to amend an approved conditional use permit, a new application for conditional use permit following the procedures established in this Subsection shall be submitted.
7. 
Termination for failure to pursue the conditional use or abandonment.
a. 
All conditional use permits approved prior to the passage of this Section and all conditional use permits approved after the effective date of this Code shall automatically terminate if the conditions set out below occur.
(1) 
Approval of the conditional use permit shall automatically terminate one (1) year after the date of approval of the conditional use permit unless a building permit or a certificate of occupancy has been granted for the use.
(2) 
Approval of the conditional use permit shall automatically terminate if the use is abandoned or is discontinued for a period of six (6) months or more.
b. 
Extensions of the approval period may be requested at any time prior to termination or within sixty (60) days after termination. When it is determined that no significant changes affecting the conditional use permit have occurred, the Planning and Zoning Commission may extend the approval. All approvals and extensions shall be valid for one (1) year from the date of action, unless the Planning and Zoning Commission approves a greater or lesser period.
F. 
Site Plan.
1. 
Purpose. The purpose of the site plan review process is to ensure compliance with the development and design standards and provisions of this Code. It is designed to encourage quality development reflective of the goals, policies, and objectives of the Comprehensive Plan. For land uses requiring a site plan review, such uses may be established in the City, and building or land use permits may be issued only after a site plan showing the proposed development has been approved in accordance with the procedures and requirements of this Subsection.
2. 
Types of site plan review.
a. 
Administrative site plan review. The following types of projects or amendments to existing site plan approvals may be approved by the Director using the administrative site plan approval process:
(1) 
A single use proposed in a structure that is less than twenty-five thousand (25,000) square feet in building size for that use;
(2) 
A combination of uses proposed in a single structure, such as a shopping center, that is less than twenty-five thousand (25,000) square feet in building size;
(3) 
Multiple buildings proposed where the combined total of all structures will not exceed twenty-five thousand (25,000) square feet in building size;
(4) 
Detached one-family dwellings and related accessory uses and buildings in approved subdivisions;
(5) 
Nonstructural remodeling of facade treatment in downtown Warsaw;
(6) 
Relocation of development pads, buildings, or dwelling units for some practical reasons such as topography, road alignment or easements, provided that the modification does not significantly alter the site design in terms of parking layouts, vehicular circulation, landscape design, and other similar components of the development plans;
(7) 
An increase or decrease in a proposed setback, provided that Code requirements are still met;
(8) 
A change in building design relating to items such as materials, colors, window, and door locations and mechanical units, provided that the design remains essentially the same as that previously approved by the Planning and Zoning Commission or Board of Aldermen;
(9) 
A modification to a recreation area or open space design, but not elimination or a significant reduction; or
(10) 
A change in landscape design/plant types or minor parking lot/site revisions.
b. 
Planning and Zoning Commission site plan review. The following types of projects shall require approval by the Planning and Zoning Commission:
(1) 
Any development, with the exception of single-family detached dwellings, that exceeds twenty-five thousand (25,000) square feet in building size;
(2) 
Any administrative site plan referred to the Planning and Zoning Commission by the Director;
(3) 
Any change that may affect an adjoining residential neighborhood;
(4) 
Any request that in the opinion of the Director would significantly alter the design of the site and/or building(s); or
(5) 
A request to change or delete a condition of approval established by the Planning and Zoning Commission or Board of Aldermen.
3. 
Procedures.
a. 
Preapplication meeting. A preapplication meeting is not required.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Notice is not required.
c. 
Multiple applications. Where a site plan is submitted in conjunction with another application that requires a preapplication meeting and notice of public hearing, the site plan shall be included in the preapplication meeting discussion and shall be made available for public review with all related applications.
4. 
Action by review and decisionmaking bodies.
a. 
Action by Director. The Director shall review each administrative site plan application and, as deemed necessary, distribute the application to other reviewers. Taking into account the results of those reviews, the Director shall take final action on the application and approve, approve with conditions, deny, or defer decision on the application based on the applicable approval criteria below. The Director's review and decision, including referral to other agencies and bodies, shall be completed within thirty (30) working days of receipt of a complete application. Failure to complete such review in thirty (30) working days shall not constitute deemed approval of the site plan.
b. 
Referral to Planning and Zoning Commission. The Director may refer to the Planning and Zoning Commission any application involving any requested deviation, modification, or exemption from the requirements of this Code, and/or any application that in the Director's opinion presents issues that require Planning and Zoning Commission attention. Such applications shall State all reasons for requesting any deviation, modification, or exemption from the rules, requirements, and regulations of this Code.
c. 
Action by Planning and Zoning Commission. Where a site plan has been referred by the Director to the Planning and Zoning Commission or is identified for Planning and Zoning Commission review by this Code, the Planning and Zoning Commission shall hold a hearing on the proposed application and approve, approve with conditions, or deny the proposed site plan, based on the applicable approval criteria below.
d. 
Approval criteria. The Director may approve a site plan upon a finding that the application meets all of the following criteria:
(1) 
The site plan is consistent with the Warsaw Comprehensive Plan;
(2) 
The site plan is consistent with any previously approved subdivision plat, planned development, or any other precedent plan or land use approval as applicable;
(3) 
The site plan complies with all applicable development and design standards set forth in this Code;
(4) 
Any significant adverse impacts reasonably anticipated to result from the structure or use will be mitigated or offset to the maximum extent practicable;
(5) 
The development proposed in the plan and its general location is or will be compatible with the character of surrounding land uses; and
(6) 
The development can be adequately served by City services, including but not limited to roads, water and wastewater.
5. 
Appeal. Appeal of a Director's determination on a site plan may be made to the Board of Adjustment. Appeal of a Planning and Zoning Commission determination on a site plan may be made to the Board of Aldermen by filing an appeal within fourteen (14) days of the date of the Planning and Zoning Commission's determination.
6. 
Modifications to site plans. The holder of an approved site plan may request a modification to the document or the conditions of approval by submitting amended documents to the Director. The amended documents shall be filed and processed in accordance with the procedures for an initial site plan submittal.
G. 
Planned Development.
1. 
Purpose.
a. 
Planned development district (PD) rezoning is appropriate for the purpose of providing design flexibility not normally available through standard zoning procedures. Planned development district rezoning is available in any zoning district classification except mixed use. Planned development rezoning is intended to encourage high-quality smart-growth development that provides:
(1) 
More efficient infrastructure;
(2) 
Reduced traffic demands;
(3) 
More usable public or private open space and pedestrian connectivity;
(4) 
Needed housing choices and affordability;
(5) 
Assurance of new quality development; and
(6) 
Protection of the quality and integrity of existing neighborhoods.
b. 
Planned development approval is a two-step process: approval of a preliminary site plan followed by approval of a final site plan. Preliminary plan approval may take place at the same time as rezoning if both applications are submitted together. The approved final development plan shall serve as a basis for use (permitted within the district), density, and design criteria.
c. 
The sale, subdivision or replatting of the lot after zoning approval does not exempt the project from complying with applicable development standards, architectural quality, sign concepts, or other conditions that were committed to at the time of rezoning.
2. 
Procedures.
a. 
Preapplication meeting. An applicant for PD rezoning is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). PD rezoning applications shall be submitted with a preliminary site plan that meets the requirements identified in the application form.
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Published, written and posted notice shall be provided before the 15th day prior to the Planning and Zoning Commission public hearing according to Section 405.020(F).
3. 
Planned development standards. The design of the PD shall be shown on the preliminary site plan and may include the following changes to the base zone district standards:
a. 
Revisions to site standards. All applications for planned developments may propose to revise site standards, such as setbacks or lot sizes, provided that they are reduced to not less than twenty-five percent (25%) of the underlying district standard and provided that the revisions are appropriate to the location and design of the development. For example, a front yard setback could be reduced from twenty-five (25) feet to six and twenty-five hundredths (6.25) feet to better suit a specific development layout.
b. 
Density bonus. A density bonus of up to ten percent (10%) over what is allowed by the underlying zoning district may be granted to projects that offer higher development standards and enhanced site amenities such as:
(1) 
Providing additional landscaping and buffering beyond the minimum amounts required under the standards in Section 405.120;
(2) 
Providing quality enhancements to the overall commercial architectural design for the site;
(3) 
Dedication of trails and open space, including on-site trail connections; and
(4) 
Maximizing traffic efficiency and connectivity while minimizing congestion by providing shared access to existing businesses and proposed land uses.
4. 
Action by review and decisionmaking bodies. A PD rezoning application is reviewed by the Planning and Zoning Commission and decided upon by the Board of Aldermen.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to approve, approve with revisions, postpone, or deny the application for PD rezoning.
b. 
Board of Aldermen review.
(1) 
The Board of Aldermen shall hold a public meeting to review the application and shall approve, approve with conditions, postpone, or deny the proposed PD rezoning.
(2) 
If there is a valid protest against the change of zoning that is signed by the owners of at least thirty percent (30%) of either: the area of land (exclusive of street and alleys) included in the proposed change, 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 changed, a zoning amendment will not become effective except upon the affirmative vote of two-thirds (2/3) of all members of the Board of Aldermen.
c. 
Approval criteria. The Planning and Zoning Commission and Board of Aldermen shall consider the following criteria when reviewing a PD preliminary site plan:
(1) 
The development meets the terms of the underlying zoning district and planned development district standards;
(2) 
The site is capable of providing the required amount of open space (green space) for the buildings, parking and drive areas;
(3) 
The site plan provides for safe and easy ingress, egress and internal traffic circulation;
(4) 
All easements and utilities shall be at or above the engineering standards/service capacities of the approving departments and agencies;
(5) 
The plan is consistent with good land use planning and site engineering design principles, particularly with respect to safety and aesthetics;
(6) 
The architectural designs are consistent with Warsaw's policies and regulations and compatible with surrounding features;
(7) 
The plan represents an overall development pattern that is consistent with the Comprehensive Plan, Master Street Plan, Master Land Use Plan and other adopted planning policies;
(8) 
Right-of-way, as determined by the City's Public Works Department, has been identified for dedication; and
(9) 
Recreational and aesthetic amenities associated with the planned developments shall be of an equal or higher quality than what is required of normal (nonplanned) developments.
5. 
Preliminary site plan amendment. Once property has been rezoned to a planned development district, changes to the preliminary site plan may be made only after approval of a revised preliminary site plan. Minor revisions or changes that are not considered significant may be approved by the Director without a public hearing. If these revisions or changes are not approved, they may be appealed to the Planning and Zoning Commission. Significant changes may only be approved after a rehearing by the Planning and Zoning Commission, which shall be subject to the same procedural requirements of the original application.
a. 
Determining significant changes. For the purposes of this Subsection, whether the changes to the preliminary site plan are significant shall be determined by the Director and shall mean any of the following as compared to the approved preliminary site plan:
(1) 
Any changes that exceed any terms specified by the Planning and Zoning Commission and/or Board of Aldermen;
(2) 
Increases in density or intensity of residential uses by more than five percent (5%);
(3) 
Increases in total floor area (entire plan) of all nonresidential buildings by more than five percent (5%) or five thousand (5,000) square feet, whichever is less;
(4) 
Increases of lot coverage by more than five percent (5%);
(5) 
Changes in architectural style that make the project less compatible with surrounding land uses;
(6) 
Changes in ownership patterns or stages of construction that lead to a different development concept;
(7) 
Changes in ownership patterns or stages of construction that impose substantially greater traffic volumes on streets and load capacities on other public facilities;
(8) 
Decreases in any peripheral setback of more than five percent (5%);
(9) 
Decreases in areas devoted to open space of more than five percent (5%) or the substantial relocation of such areas;
(10) 
Changes to the traffic circulation patterns that may affect traffic outside of the project boundaries;
(11) 
Modification or removal of conditions and stipulations to the preliminary site plan approval; or
(12) 
Modifications that change, amend, or violate the terms of the Comprehensive Plan.
b. 
Appeal. Appeal of the Director's determination of significance may be made to the Planning and Zoning Commission, whose decision shall be final. No further action shall be taken to process the application pending the Planning and Zoning Commission's determination.
6. 
Final site plan approval.
a. 
Submission. Following approval of a preliminary PD site plan, an applicant may submit a final PD site plan for approval. The final plan shall include the information specified on the PD final site plan application form.
b. 
Submitting preliminary and final plans. The developer may submit preliminary and final development plans simultaneously at the developer's own risk.
c. 
Grading and construction. Permits for grading or construction shall be issued only after final plans have been approved by the Director or Planning and Zoning Commission.
d. 
Conditions for approval. Final plans shall be approved only after the following conditions have been met:
(1) 
Final plans conform to the approved preliminary site plan and meet any special amendments or requirements imposed at the time of rezoning. Significant changes, as determined by the Director, between the preliminary plan and the final plan shall be sufficient reason to require the resubmission of a preliminary plan.
(2) 
If the project is being constructed in phases, each phase shall be functional and shall be adequately served by access drives, parking and utilities as a freestanding project and shall not have adverse effects on the neighborhood if the later phases of development are not carried out.
e. 
Director action.
(1) 
A final PD site plan that contains no modifications or additions from the approved preliminary plan shall be approved by the Director if the Director determines that all of the submission requirements have been satisfied.
(2) 
A final development plan that contains modifications from the approved preliminary development plan but which changes are not significant as measured against the original approved preliminary development plan may be approved by the Director if the Director determines that all of the submission requirements have been satisfied.
(3) 
If the final site plan has significant changes from the preliminary plan, the Director shall not be consider the final plan and shall return it to the applicant.
(4) 
Appeal of the Director's determination may be made to the Planning and Zoning Commission, whose determination shall be final. No further action shall be taken to process the application pending the Planning and Zoning Commission's determination.
H. 
Alternative Compliance.
1. 
Purpose and scope. To encourage creative and unique design, the alternative compliance process allows development to occur in a manner that meets the intent of this Code yet through an alternative design that does not strictly adhere to the Code's standards. This is not a general waiver of regulations. Rather, this Subsection authorizes a site-specific plan that is equal to or better than the strict application of the standard.
2. 
Applicability. The alternative compliance procedure is available only for the following sections of this Code:
a. 
Section 405.070, Natural Resource Area Protection;
b. 
Section 405.080, Mobility and Connectivity;
c. 
Section 405.090, Commercial and Mixed Use Design and Development Standards;
d. 
Section 405.100, Multifamily and Townhouse Residential Design Standards; and
e. 
Section 405.120, Landscaping and Screening.
3. 
Procedures.
a. 
Preapplication meeting. An applicant proposing alternative compliance shall request and attend a preapplication conference prior to submitting application materials for the applicable permit(s) to discuss the project, the applicable Code standards, and the proposed method of alternative compliance. The application should include sufficient explanation and justification, in both written and graphic form, for the requested alternative compliance.
b. 
Application and notice. An alternative compliance request shall be submitted as part of another application, such as with the landscaping portion of a site plan application or lot layout in a subdivision application. The alternative compliance request shall be clearly labeled on the application.
4. 
Decisionmaking responsibility. Final approval of any alternative compliance proposed under this Subsection shall be the responsibility of the decisionmaking body responsible for deciding upon the application. Administratively approved projects proposing alternative compliance shall receive written approval of the alternative compliance from the Director.
5. 
Review criteria. Alternative compliance requests may be approved if the applicant demonstrates that the following criteria have been met by the proposed alternative:
a. 
Achieves the intent of the subject standard to the same or better degree than the subject standard;
b. 
Advances the goals and policies of the Comprehensive Plan and this Code to the same or better degree than the subject standard;
c. 
Results in benefits to the community that are equivalent to or exceed benefits associated with the subject standard; and
d. 
Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code.
6. 
Effect of approval. Alternative compliance approval shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
I. 
Major Subdivision.
1. 
Purpose. The purpose of the subdivision review procedures is to ensure compliance with the standards and requirements in Section 405.140, Subdivision Design Standards, and encourage quality development consistent with the goals, policies and objectives in the Comprehensive Plan.
2. 
Applicability. The procedures of this Subsection and the standards in Section 405.140, Subdivision Design Standards, shall apply to all subdivisions or resubdivisions that result in the portioning, dividing, combining or altering of any lot, parcel or tract of land into two (2) or more lots, tracts, parcels or other divisions of land, except any subdivisions that are specifically excluded by State law or are defined as minor subdivisions in Section 405.030(J), below. However, unless the method of disposition is adopted for the purpose of evading the requirements of this Code, this procedure shall not apply to any division of land that:
a. 
Is created by any transfer by operation of law;
b. 
Creates cemetery lots;
c. 
Creates an interest or interests in oil, gas, minerals or water that are severed from the surface ownership of real property;
d. 
Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common of such interest. For the purpose of this Subsection, any interest in common owned in joint tenancy shall be considered a single interest; or
e. 
Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate.
3. 
Preliminary plat: procedures.
a. 
Generally. All major subdivisions are processed in two stages: the preliminary plat, and the final plat. The final plat can only be filed with the City for review and processing after the preliminary plat has been approved or conditionally approved by the Board of Aldermen. Specific procedures for preliminary and final plats are outlined below.
b. 
Preliminary plat preapplication meeting. An applicant for a preliminary plat approval is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
c. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
No notice is required for preliminary plat consideration.
4. 
Preliminary plat: action by review and decisionmaking bodies.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public meeting and approve, approve with revisions, postpone, or deny the application for preliminary plat. The Planning and Zoning Commission shall act on the application within sixty (60) days of the opening of the public meeting to consider the application or the application shall be deemed approved. The sixty-day time frame may be extended with the applicant's consent.
b. 
Board of Aldermen action. The Board of Aldermen shall review the Planning and Zoning Commission's action on the preliminary plat and take action by resolution. If the Planning and Zoning Commission has denied the preliminary plat, the Board may, by a vote of not less than three-fourths (3/4) of its full membership, overrule the disapproval.
c. 
Review criteria. Recommendations and decisions on preliminary plat approvals shall be based on consideration of the following criteria:
(1) 
Evidence of substantial compliance with the purpose and intent provisions of this Code.
(2) 
Consistency with the Warsaw Comprehensive Plan.
(3) 
Physical suitability of the land for the proposed development or subdivision.
(4) 
Compatibility of the subdivision design and development intensity with surrounding land uses.
(5) 
Whether there are adequate facilities available to serve the development as designed.
(6) 
Evidence of approval by the appropriate utilities, including water and sewer utilities.
(7) 
Compliance with all applicable use, density, development, and design standards set forth in this Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall avoid creating lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible.
(8) 
That the general layout of lots, roads, driveways, sidewalks, utilities, drainage facilities, and other services within the proposed subdivision is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Code.
(9) 
Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with State and local laws and regulations.
(10) 
Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas is compatible with such conditions.
(11) 
Provision has been made for assumption of responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision.
(12) 
As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing.
5. 
Preliminary plat: effect of approval. Approval of the preliminary plat does not constitute acceptance of the subdivision but is merely an authorization to proceed with preparation of the final plat for record. No grading of streets or construction shall be done in the subdivision before the final plat is approved by the Planning Commission and by the Board of Alderman except by special permission of the Board of Aldermen. Upon refusal of the Planning and Zoning Commission to approve a preliminary plat, the applicant may make such changes as are required for approval and resubmit the plat or he/she may appeal the decision to the Board of Aldermen who may reverse the decision of the Planning Commission and approve said preliminary plat. The approval of the preliminary plat shall be effective for a period of two (2) years; such period may be extended by the Planning Commission upon the request of the property owner.
6. 
Preliminary plat: termination. An approved preliminary plat terminates after two (2) years without further notice unless a final plat has been filed. Final plats may be filed for less than the entire preliminary plat; however, any portions of the preliminary plat that are not subject to a final plat at the end of two (2) years shall be deemed terminated. A new preliminary plat application will be required for any areas of the development subject to a terminated preliminary plat.
7. 
Engineering and construction plans.
a. 
Engineering and construction plans required. Completed engineering and construction plans, prepared by an engineer licensed in the State of Missouri, shall be submitted to the Director of Public Works prior to or concurrently with the submission of a final plat application. The Director of Public Works shall determine whether the engineering and construction plans conform to the City's engineering specifications. If the engineering and construction plans do not comply, the Director of Public Works shall provide the applicant with information as necessary to modify the plans. Engineering and construction plans must be approved by the Director of Public Works prior to City approval of a final plat application.
b. 
Submission requirements.
(1) 
Upon the approval of the preliminary plat, the subdivider shall have prepared engineering drawings for proposed required improvements containing the data and information specified below:
(a) 
Plans, profiles, details, specifications and cost estimates for roadway and sidewalk construction, including plans and profiles for each street with a typical cross section of the roadway. The profiles of grade lines shall be shown to a scale of one (1) inch equals fifty (50) feet horizontal and one (1) inch equals five (5) feet vertical. This information shall be shown on standard plan and profile sheets unless otherwise required.
(b) 
Plans, profiles, details, specifications and cost estimates of proposed storm drainage improvements.
(c) 
Plans, profiles, details, specifications and cost estimates of proposed water distribution systems and proposed water supply facilities and hydrants, if any.
(d) 
Plans, profiles, details, specifications and cost estimates of sewage systems and of any required sewage treatment facilities.
(e) 
Grading plans for all lots and other sites in the subdivision.
(f) 
When unusual site conditions exist, the governing body may require such additional plans, specifications and drawings as may be necessary for an adequate review of the improvements to be installed.
(g) 
All plans shall be based on City or United States Geological Survey datum for vertical control.
(2) 
Any or all of the required drawings may be waived or modified by the Board of Aldermen, after consideration of the City Engineer's opinion, upon a showing by the subdivider that such drawings are either unnecessary or create a substantial hardship.
8. 
Final plat: procedures.
a. 
Final plat preapplication meeting. An applicant for a final plat approval is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
No notice is required for final plat consideration.
9. 
Final plat: action by review and decisionmaking bodies.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public meeting and recommend approval, approval with revisions or denial of the application for final plat. The Planning and Zoning Commission shall act on the application within sixty (60) days of the opening of the public meeting to consider the application or the application shall be deemed approved. The sixty-day time frame may be extended with the applicant's consent.
b. 
Board of Aldermen action. The Board of Aldermen shall review the Planning and Zoning Commission's recommendation on the final plat and approve, approve with revisions or deny the final plat application. Approval of the final plat does not constitute acceptance of the public improvements identified on the plan; the Board of Aldermen shall take a separate action to review and determine whether to accept dedication of the public improvements.
c. 
Review criteria. The Planning and Zoning Commission shall not recommend approval of and the Board of Aldermen shall not approve any final plat unless the final plat meets all of the following criteria:
(1) 
The proposed final plat complies with the conditions of approval of the preliminary plat;
(2) 
The layout and design of the proposed final plat is in substantial compliance with the approved preliminary plat, including but not limited to number of lots or parcels, street and block layout, and access;
(3) 
The improvement plans for any required on-site or off-site public or private improvements have been reviewed and approved by the City for construction; and
(4) 
The applicant has constructed all the required public or private improvements that have been inspected and accepted by the City, or the applicant has filed with the City sufficient financial security for those improvements pursuant to Section 405.030(I)(11), below.
10. 
Recordation. The approved plat shall be recorded at the Benton County Recorder of Deeds office at the applicant's expense within one (1) year of approval. A final plat that is not recorded within one (1) year shall be considered void.
11. 
Improvements.
a. 
General.
(1) 
After the approval of the final plat, the subdivider may do the grading and any drainage work that is required, all according to plans approved by the City Engineer.
(2) 
Prior to the issuance of any building permits, all street paving, storm drainage, and utility lines must be installed in accordance with Section 405.140.
(3) 
In lieu of the actual construction of all physical improvements prior to the filing of the final plat, the Board of Aldermen may accept a bond, cash escrow, benefit district or other financial guaranty in an amount that will provide for the construction of the required improvements within a period of time to be specified by the Board of Aldermen. Such financial guaranty shall be properly executed prior to any grading or construction and may be released in segments upon written approval of the City.
(4) 
In order to encourage appropriate development, the City may, at the discretion of the Board of Aldermen, assist in the construction and financing of any of the required improvements. The extent and nature of such assistance, if any, shall be determined solely by the Board of Aldermen.
b. 
Building permits. Unless the required improvements have been installed or guaranteed by a bond for a lot or tract, no building permits shall be issued for that lot or tract.
c. 
Construction of improvements. No improvements shall be constructed nor shall any work preliminary thereto be done until such time as a final plat and the engineering drawings accompanying it shall have been approved by the Board of Aldermen and there shall have been compliance with all of the requirements relating to an agreement, bond or deposit specified in these regulations.
d. 
Inspection. All improvements constructed or erected shall be subject to inspection by the City or its designated representative responsible for setting and enforcing the applicable design and construction standards of the required improvement. The subdivider shall give at least twenty-four (24) hours' notice to such official prior to the performance of any work item which the City requests to inspect.
e. 
Acceptance of improvements. Upon the determination by the Board of Aldermen, after consideration of the opinion of the official, that there are no defects, deficiencies or deviations in the improvements, and that all improvements have been installed in conformance with the approved engineering drawings, and with the requirements of this Code, and all other applicable State and Federal statutes, ordinances and regulations, the Board of Aldermen and/or such appropriate utility shall thereupon by resolution or by letter, respectively, formally accept such improvements. The improvements shall become the property of the Board of Aldermen or appropriate utility company involved.
J. 
Minor Subdivision And Administrative Lot Combination.
1. 
Purpose. The purpose of the minor subdivision review procedure is to ensure compliance with the standards and requirements in Section 405.140, Subdivision Design and Improvements, and to encourage quality development consistent with the goals, policies and objectives in the Comprehensive Plan.
2. 
Applicability. The minor subdivision procedure is applicable for the following, provided that the proposed lots and resulting density are permitted under the existing zoning designation of the subject property:
a. 
A condominium, timesharing, or duplex subdivision as defined in this Code;
b. 
A subdivision that creates no more than three (3) lots where no new roads or public infrastructure is required, provided that parcels are eligible for minor subdivision only once, and further subdivision of the original or newly created parcels shall be processed as a major subdivision;
c. 
Consolidation of two (2) or more lots into a single lot in a previously recorded subdivision plan; and
d. 
Lot line adjustments where the resulting number of lots does not change.
3. 
Minor subdivision plat: procedures.
a. 
Minor subdivision plat preapplication meeting. An applicant for a minor subdivision plat approval is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020.(E).
(3) 
No notice is required for minor subdivision plat consideration.
4. 
Action by review and decisionmaker.
a. 
Authority. The Director shall have decisionmaking authority for minor subdivisions.
b. 
Review and approval criteria.
(1) 
Evidence of substantial compliance with the purpose and intent provisions of this Code;
(2) 
Consistency with the Warsaw Comprehensive Plan;
(3) 
Physical suitability of the land for the proposed development or subdivision;
(4) 
Compatibility with surrounding land uses;
(5) 
Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed minor subdivision;
(6) 
Evidence of adequate sewage treatment for each lot; and
(7) 
Evidence that the subdivision will not create any hazards due to geology, soil, topography, drainage, fire protection, or any other condition, and that all lots will contain safe, adequate building sites.
5. 
Recordation. The applicant shall cause the minor plat to be recorded within ninety (90) days from the date of approval and acceptance of the Director. In the event that the plat is not recorded, the approval of the Director shall be deemed to be void.
6. 
Administrative lot combination. The Director has the authority to approve lot combinations in which the configuration of the property is created by the assembly or combination of existing tracts of record where the Director finds that the proposed lot combination does not substantially increase demands on public infrastructure serving existing and proposed tracts, parcels or lots, and the following conditions are satisfied:
a. 
The proposed lot combination is in compliance with all other provisions of this Code;
b. 
The proposed lot combination will not create any tract, parcel, or lot that does not meet the minimum lot standards of the zoning district in which it is located;
c. 
The proposed lot combination shall not cause any construction over a public sanitary sewer line or sewer easement; and
d. 
The proposed lot combination is consistent with the surrounding area. In determining consistency, the size and dimensions of lots previously developed, the layout and design of existing subdivisions and the degree of deviation from previous development shall be considered.
K. 
Variance.
1. 
Purpose and applicability. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted.
2. 
Applicability. An application for a variance may be requested by a property owner in the City.
3. 
Procedures.
a. 
Preapplication meeting. An applicant for a variance is encouraged to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). All variance applications shall be accompanied by a site plan.
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Published, mailed, and posted notice shall be provided before the 15th day prior to the Board of Zoning Adjustment public hearing according to Section 405.020(F).
4. 
Action by review and decisionmaking bodies.
a. 
Review by Board of Adjustment. A variance application is reviewed by the Board of Adjustment at a public hearing.
b. 
Review criteria. In exercising the power to grant variances from the specific requirements of these regulations, the Board of Adjustment shall find each of the following factors to exist:
(1) 
The variance requested arises for such condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action or actions of the property owner or applicant.
(2) 
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners represented in the application.
(3) 
The strict application of the provisions of the zoning regulations for which the variance is requested will constitute unnecessary hardship upon the property owners represented in the application.
(4) 
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
(5) 
The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations.
c. 
Conditions of approval.
(1) 
In granting a variance, the Board of Adjustment may impose such conditions, safeguards and restrictions upon the premises benefitted by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Code.
(2) 
The Board of Adjustment may require a performance bond to guarantee the installation of improvements. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board of Adjustment and shall be enforceable by or payable to the City in the sum equal to the cost of constructing the required improvements.
(3) 
In lieu of performance bonds or other conditions, the Board of Adjustment may specify a time limit for the completion of such required improvements, and in the event the improvements are not completed within the specified time, the Board of Adjustment may, after reconsideration, declare the granting of the application null and void, or the variance may be made contingent on the performance of certain actions.
d. 
Action on approval. If an application for variance is granted by the Board of Adjustment, it shall be signed by the Chairman of the Board and shall State on the application the conditions of the approval established by the Board. A copy of the approved variance application shall be forwarded to the Director who shall issue a permit setting out the terms of the variance
L. 
Appeal.
1. 
Purpose. The Board of Adjustment shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the administration or enforcement of this Code.
2. 
Applicability. 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.
3. 
Procedures.
a. 
Preapplication meeting. An applicant for an appeal is encouraged to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). The application shall specify all grounds for the appeal. All grounds not specified in the application shall be deemed waived by the applicant.
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
No notice is required for an appeal.
c. 
Timing of application. An appeal shall be taken within thirty (30) days of the date of the decision. The officer whose decision is being appealed shall immediately, after being served with the notice of appeal, transmit all the papers constituting the record upon which the action appealed from was taken to the Secretary of the Board of Adjustment.
4. 
Action by review and decisionmaking bodies.
a. 
Review by Board of Adjustment.
(1) 
An appeal is reviewed by the Board of Adjustment at a regular meeting.
(2) 
The Board of Adjustment shall grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. An appeal shall be sustained only if the Board of Adjustment finds that the administrative official erred.
(3) 
In exercising the appeal power, the Board of Adjustment shall have all the powers of the official from whom the appeal is taken, and the Board of Adjustment may reverse or affirm wholly or partly or may modify the decision being appealed.
(4) 
If the Board of Adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence.
b. 
Time frame for action. The Board of Adjustment shall take action on an appeal within a reasonable period of time after application submittal, but in no case more than sixty (60) days after receipt of a complete application.
c. 
Vote to reverse administrative determination. A concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of an administrative official. Every decision of the Board of Adjustment shall be accompanied by a written finding of fact specifying the reason for the decision.
5. 
Effect of appeal. 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 has been filed, 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.
M. 
Minor Modification.
1. 
Purpose. Applications for minor modification may be submitted along with an application for development permit for the purpose of making a minor amendment to a development standard applicable to the proposed project. Minor modifications may also be made to approved site plans that conform to the requirements of this Section. A minor modification allows a change of up to ten percent (10%) to the applicable standard.
2. 
Standards subject to minor modification.
a. 
Up to four (4) minor modifications may be provided for a pending development application. No more than two (2) minor modifications may be permitted to correct measurement errors on an approved application through the submission of a site plan.
b. 
The following standards may be subject to minor modifications of up to a maximum of ten percent (10%) from the general development and zoning district standards, provided that the applicable approval criteria below are met.
(1) 
Minimum lot area requirements;
(2) 
Setback requirements; and
(3) 
Quantitative development standards (e.g., percentage of site landscaping, number of parking spaces, etc.).
3. 
Measurement. The modification is calculated by applying the ten-percent modification to the required development standard or measurement, rounded to the nearest whole number. For example, a required ten-foot side yard setback may be modified by ten percent (10%) or one (1) foot, allowing a nine-foot setback.
4. 
Approval criteria. Minor modifications may be approved only upon a finding that all of the following criteria have been met:
a. 
The requested adjustment is consistent with the stated purposes of this Code.
b. 
The adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands and will not pose a danger to the public health or safety.
c. 
Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum practical extent.
d. 
The administrative adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either:
(1) 
Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;
(2) 
Supporting an objective or goal from the purpose and intent statements of the zoning district where located; or
(3) 
Proposed to protect sensitive natural resources or better integrate development with the surrounding environment.
5. 
Review process. Final approval of any proposed minor modification shall be the responsibility of the decisionmaker of the application to whom the minor modification request has been submitted. Minor modifications to approved site plans may be made by the Director.
N. 
Grading Permit.
1. 
Purpose. The purpose of this Subsection is to provide procedures for grading permits. The intent of the requirement for such permits is to minimize and mitigate the disturbance of land, vegetation, drainage patterns, and any hazards arising from site disturbance prior to City review.
2. 
Applicability.
a. 
It shall be unlawful for any person to conduct any activity resulting in any of the following total disturbed areas without first obtaining a grading permit pursuant to this Subsection. A grading permit shall be required for disturbed areas of:
(1) 
One (1) acre or more.
(2) 
Less than one (1) acre if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.
b. 
The City may also require a grading permit regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, conditional use permit, or site development plan, or if the construction activities are adjacent to a floodplain boundary or wetlands.
c. 
Grading not relating to a development application shall be prohibited, except as exempted below.
d. 
Exemptions. The following activities are exempt from this Subsection:
(1) 
Agricultural cropping and land management activities, not including construction activities.
(2) 
Maintenance and repair of any stormwater facility, utilities, irrigation ditch, watercourse, or related practice deemed necessary by the City Engineer.
(3) 
Emergency repairs to streets, utilities and other similar facilities deemed necessary by the City Engineer.
3. 
Procedures.
a. 
Preapplication meeting. A preapplication meeting is not required.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Notice is not required.
4. 
Action by review and decisionmaking bodies.
a. 
Director of Public Works.
(1) 
The grading plan and statement shall be reviewed for consistency with applicable regulations and standards and approval criteria below, and if approved by the Director of Public Works, a permit shall be issued within ten (10) working days of application.
(2) 
If determined inadequate by the Director of Public Works, the application shall be returned within ten (10) working days, and the owner may resubmit, without additional fees, an amended grading plan or statement.
b. 
Approval criteria. The Director of Public Works shall approve a grading permit application if it meets the following criteria:
(1) 
The grading proposed will have adequate on- and off-site sedimentation and erosion control measures;
(2) 
The grading proposed is the minimum amount necessary to carry out development plans;
(3) 
The grading proposed avoids any adverse impact on natural drainage patterns on- and off-site; and
(4) 
To the maximum extent practicable, the grading proposed avoids any disturbance of ridgelines, streams or existing trees and vegetation.
O. 
Permits.
1. 
Permit required.
a. 
No building or other structure shall be erected, constructed, reconstructed, or moved, nor shall it be altered without first obtaining a building permit in accordance with the terms of this Subsection.
b. 
No open, vacant or unimproved land shall be used for any purpose other than agriculture without first obtaining a land use permit from the Director to be issued in accordance with the terms of this Subsection.
2. 
Uses subject to permit. The following uses shall be required to obtain a land use permit:
a. 
Salvage yards and junkyards.
b. 
Used car or auto storage lots.
c. 
Machinery, equipment or materials storage.
d. 
Mines, quarries or soil stripping.
e. 
Skeet shoots or target ranges.
f. 
Refuse dump or sanitary fill.
g. 
Railroad yards.
h. 
Picnic groves; fishing lakes.
i. 
Golf courses, baseball field and other privately owned recreation areas.
j. 
Nurseries.
3. 
Application. Applications for permits shall be filed with the Zoning Administrator upon forms prescribed, setting forth, among other things, the legal description of the lot, tract or parcel of land, together with a general description of the building or structure to be constructed, erected or altered thereon, including the approximate size and shape, location of the building or structure upon the lot, tract or parcel and the intended use.
4. 
Conformity with Code. No such permit shall be issued for any building, structure, construction or use of land unless the same is in conformity in every respect with all the provisions of this Code.
5. 
Issuance.
a. 
The Director shall be empowered to act within the provisions of this Chapter, upon all applications for building permits, and the same shall be approved or denied not later than the fifth business day succeeding as herein provided. The applicant may appeal to the Board of Adjustment.
b. 
For each building permit issued there shall be charged and collected from the applicant a fee as set out in Section 500.020.
c. 
For radio tower, trailer court, sign, or other use of land of a type not providing floor space to which the above schedule is applicable, there shall be charged a fee of ten cents ($0.10) for each one hundred dollars ($100.00) of the total cost of the work to be performed, provided that the minimum fee shall be two dollars ($2.00).
d. 
There shall be a separate permit for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous.
6. 
Revocation. A permit may be revoked by the Director at any time prior to the completion of the building or structure for which the same was issued when it shall appear that there is departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation or was issued by mistake, or that any of the provisions of this Code are being violated. Upon the failure, refusal or neglect of any owner, his/her agent, contractor or duly authorized representative to secure such permit and pay the prescribed fee therefore as herein provided, the Building Inspector may issue a stop order; provided, however, that twenty-four (24) hours' written notice of such revocation or order to stop shall be served upon the owner, his/her agent or contractor or upon any person employed upon the building or structure for which such permit was issued, and thereafter no such construction shall proceed.
[Ord. No. 211 § 2, 12-21-2015]
A. 
General Provisions.
1. 
Purpose. This Section establishes the zoning districts and contains basic information pertaining to the districts, including statements of purpose and dimensional standards.
a. 
Residential district purposes. The residential zoning districts are intended to:
(1) 
Provide appropriately located areas for residential development that are consistent with the Warsaw Comprehensive Plan and with the public health, safety and general welfare;
(2) 
Ensure adequate light, air and privacy for all dwelling units;
(3) 
Protect the scale and character of existing residential neighborhoods and the community;
(4) 
Discourage any use that would generate traffic or create congestion on neighborhood streets other than the normal traffic that serves the residents of the district; and
(5) 
Discourage any use that, because of its character or size, would create additional requirements and costs for public services that are in excess of such requirements and costs if the district were developed solely for the intended type of residential uses.
b. 
Mixed-use district purposes. Mixed-use districts are intended to:
(1) 
Promote higher-density residential development near and within downtown Warsaw;
(2) 
Concentrate higher-intensity commercial and office employment growth efficiently in and around the downtown and other centers of community activity;
(3) 
Encourage mixed-use redevelopment, conversion and reuse of aging and underutilized areas, and increase the efficient use of available commercial land in the City;
(4) 
Create pedestrian-oriented environments that encourage pedestrian access, bicycle use, and more sustainable land use patterns; and
(5) 
Ensure that the appearance and function of residential and nonresidential uses are of high and unique aesthetic character and quality and are integrated with one another and the character of the area in which they are located.
c. 
Commercial and industrial district purposes. Commercial and industrial districts are intended to:
(1) 
Help implement the Warsaw Comprehensive Plan by accommodating a full range of office, retail, commercial, service, and mixed uses needed by Warsaw's residents, businesses, visitors and workers;
(2) 
Encourage site planning, land use planning, and architectural design that create an interesting, pedestrian-friendly environment where appropriate;
(3) 
Maintain and enhance the City's economic base and provide shopping, entertainment and employment opportunities close to where people live and work;
(4) 
Preserve, protect and promote employment-generating uses;
(5) 
Create suitable environments for various types of commercial and industrial uses and protect them from the adverse effects of incompatible uses;
(6) 
Allow flexibility to encourage redevelopment and positive improvements to existing businesses and residences;
(7) 
Minimize potential negative impacts of heavy-impact nonresidential development on adjacent residential areas; and
(8) 
Provide suitable locations for public and semipublic uses needed to complement nonresidential development.
2. 
Zoning districts established. For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, moving or use of buildings, structures or land, all lands within the corporate limits of Warsaw are hereby divided into the following districts:
Table 405.040-1
Zoning Districts
Classification
District
Abbreviation
Base Districts
Residential Districts
Single-Family Dwelling District
R-1
Two-Family Dwelling District
R-2
Multiple-Family Dwelling District
R-3
Mobile Home District
R-4 (Retired)
Commercial Districts
Local Business District
C-1
Central Business District
C-2
Commercial District
C-3
Industrial Districts
Light Industrial District
M-1
Heavy Industrial District
M-2
Open Space District
Open Space District
O
Overlay Districts
Waterfront Overlay District
WOD
3. 
Zoning Map.
a. 
Official Zoning Map. The location and boundaries of the zoning districts are established as shown on a map prepared for that purpose designated as the "Zoning District Map." The Zoning Map, along with all of the notations, references and information shown on the Map are incorporated into and made part of this UDO.
(1) 
If changes are made in district boundaries or other items portrayed on the official Zoning District Map in accordance with the procedures established in this UDO, the changes shall be entered on the Map.
(2) 
The official Map shall be located in the office of the City Clerk and shall be the final authority as to the current zoning status of land, buildings and other structures in the City.
b. 
Zoning Map interpretation.
(1) 
When definite distances in feet are not shown on the Zoning District Map, the district boundaries are intended to be along existing street, alley or platted lot lines or extensions of the same, and if the exact location of such lines is not clear, it shall be determined by the Zoning Administrator, due consideration being given to location as indicated by the scale of the Zoning District Map.
(2) 
When streets or alleys on the ground differ from the streets or alleys as shown on the Zoning District Map, the Zoning Administrator may apply the district designations on the Map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of this Chapter.
4. 
Annexation. All territory hereafter annexed to the City of Warsaw shall be classified as Residential Holding - Open (RH-O) until other zoning, where appropriate, is approved in accordance with required procedures. No permit for use of property or erection of structures shall be issued unless such use and structure is permitted in the RH-O District.
B. 
Single-Family Residential (R-1).
1. 
Purpose. The purpose of this district is to provide for low-density, single-family detached residential development in a traditional neighborhood setting. This district implements the Low-Density Residential classification in the Warsaw Comprehensive Plan and should be located along a local road with most homes taking access from a secondary connector.
2. 
Uses. Uses permitted in the R-1 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the R-1 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-2
R-1 Single-Family Residential District Dimensions
Lot Dimensions
Maximum Density (units/lot)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
6,0001
80
1
50%
25
7
25
30
35
NOTES:
1
Minimum lot size for all structures other than single-family detached units is 10,000 square feet.
4. 
Building Area. The minimum floor area for dwellings shall be a minimum of six hundred fifty (650) square feet in "R-1" District.
[Ord. No. 385, 10-7-2019]
C. 
Two-Family Residential (R-2).
1. 
Purpose. The purpose of this district is to provide for single-family and two-family medium-density residential development, either as a neighborhood of similar units or in a development with a mix of unit types. This district implements the Low-Density Residential classification of the Warsaw Comprehensive Plan and should be located along a local road with most homes taking access from a secondary connector.
2. 
Uses. Uses permitted in the R-2 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the R-2 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-3
Two-Family Residential District Dimensions
Dwelling Type
Lot Dimensions
Maximum Density (units/lot)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Single-family
6,000
80
1
50%
25
7
25
30
35
Two-family
8,000 (4,000 per dwelling unit)
NOTES:
1
Minimum lot size for all structures other than single-family detached or two-family units is 10,000 square feet.
4. 
Building Area. The minimum floor area for dwellings shall be a minimum of six hundred fifty (650) square feet in "R-2" District.
[Ord. No. 385, 10-7-2019]
D. 
Multifamily Residential (R-3).
1. 
Purpose. The purpose of this district is to provide sites for single-family, two-family, and multifamily dwellings in either traditional neighborhoods or in a setting with a mix of dwelling unit types. The R-3 District implements the Medium- and High-Density Residential classification of the Warsaw Comprehensive Plan and can be located as a transitional use between lower-density single-family development and mixed-use development or commercial development. R-3 development should be located along a local road with most homes taking access from a secondary connector.
2. 
Uses. Uses permitted in the R-3 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the R-3 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-4
R-3 Multifamily Residential District Dimensions
Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Single-family detached
4,000
40
10
50%
15
7
15
10
35
Two-family
5,500 (2,250 per dwelling unit)
40
10
50%
15
7
15
10
45
Townhouse/ multifamily
n/a1
40
10
60%
15
7
15
10
45
Group living facilities
n/a1
40
n/a1
60%
15
7
15
10
35
Nonresidential
n/a1
40
n/a1
60%
10
7
10
10
35
NOTES:
1
Must meet setback, height, and lot coverage requirements.
4. 
Building Area. The minimum floor area for dwellings shall be a minimum of six hundred fifty (650) square feet in "R-3" District.
[Ord. No. 385, 10-7-2019]
E. 
Mobile Home (R-4) Retired. The R-4 District is retired as of the adoption date of this Code. Property can no longer be rezoned to R-4. The lawful use of property for parking mobile homes may be continued only to the extent that it exists as of the effective date of this Code. No mobile home may be replaced on any lot within the City after the effective date of this Code.
1. 
Purpose. The purpose of this district is to provide regulations for the continued use of moderate-density mobile home developments in a residential atmosphere as they existed as of the effective date of this Code. All land in this district shall be subject to the following requirements except as may be modified by Section 405.050(B)(1)(b).
2. 
Uses. Uses permitted in the R-4 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the R-4 District:
Table 405.040-5
Mobile Home District Dimensions
Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (acres or square feet)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Mobile home
1 acre per park
150
n/a
n/a
25
7
n/a
30
35
Single-family dwelling
8,000
80
n/a
n/a
25
7
n/a
30
35
All other uses
10,000
80
n/a
n/a
25
7
n/a
30
35
4. 
Use limitations.
a. 
All mobile homes shall be connected to public water and sewer systems.
b. 
Mobile homes in mobile home parks shall be blocked at a maximum of ten-foot centers around the perimeter of each mobile home and each blocking shall provide two hundred fifty-six (256) square inches bearing upon the ground or pad. All mobile homes shall be secured to the ground by tie downs and ground anchors in conformance with the standards of the State of Missouri.
c. 
All electrical, gas or propane hookups shall be in conformance with the requirement of the supplier.
d. 
All spaces in mobile home parks shall front on either a public street or a private street constructed to the City's standards for public streets.
e. 
Mobile homes in mobile home parks shall not be closer than twenty (20) feet to another mobile home or to the boundary of the mobile home park.
f. 
Mobile homes on individual residential lots shall be limited to one (1) per lot and shall be required to meet the minimum lot requirements of this district. Accessory structures, as defined under Section 405.180, Definitions, shall be placed in conformance with the setback and dimensional requirements established for this district.
g. 
Preowned manufactured homes are allowed as provided in under Chapter 405, Section 405.050.
5. 
Nonconformity. All existing occupied mobile homes located on an individual lot shall be permitted to remain in place so long as occupied, but provided that they may not be replaced unless made to conform to the requirements of this Chapter. Any such existing mobile home shall be removed when unoccupied for a period in excess of twelve (12) months.
F. 
Local Business Mixed-Use (C-1).
1. 
Purpose. The purpose of this district is to provide for a compatible mix of residential and small-scale neighborhood serving commercial and civic uses. This district is intended to be placed in a neighborhood setting providing a comfortable and safe pedestrian environment and further enhancing the character of the neighborhood. The C-1 District implements the Commercial/Office and Medium- and High-Density Residential classification of the Warsaw Comprehensive Plan and should be located along a primary collector street.
2. 
Uses. Uses permitted in the C-1 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the C-1 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-6
Local Business District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Maximum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Single-family detached
4,000
0
10
60%
15
0, 152
15
02
35
Two-family
5,500 (2,250 per dwelling unit)
0
10
60%
15
0, 152
15
02
35
Townhouse/ multifamily
1
0
10
70%
15
0, 152
15
02
45
Nonresidential
1
0
n/a
70%
15
0, 152
15
02
35
NOTES:
1
Must meet setback, height and lot coverage requirements.
2
Fifteen-foot setback is required where C-1 abuts a residential district or use.
4. 
Use limitations. Retail and service uses shall conduct all business within an enclosed structure; no drive-in, drive-through or curb service.
5. 
Building Area. The minimum floor area for dwellings shall be a minimum of six hundred fifty (650) square feet in "C-1" District.
[Ord. No. 385, 10-7-2019]
G. 
Central Business Mixed-Use (C-2).
1. 
Purpose. The purpose of this district is to accommodate the broad range of retail shopping activities, office uses, lodging and vacation destinations, and some residential options that are normally found in downtown Warsaw. The Central Business District should be distinguished from other areas in the City and serve as the focal point for social, business, and cultural activities. This district contains the highest intensity of uses and should serve as the hub of pedestrian accessibility. The C-2 District implements the Medium- and High-Density Residential, Public/Institutional, and Commercial/Office classifications of the Warsaw Comprehensive Plan and should only be located in downtown Warsaw and along Main Street.
2. 
Uses. Uses permitted in the C-2 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions.
a. 
Dimensional table. The following dimensions shall apply to development in the C-2 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-7
Central Business District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density(units/acre)
Maximum Lot Coverage(percent)
Setbacks
Maximum Building Height(feet)
Minimum Lot Size(square feet)
Minimum Lot Width(feet)
Maximum Front(feet)
Minimum Interior Side(feet)
Minimum Corner Side(feet)
Minimum Rear(feet)
Single-family detached
3,000
0
7.5
60%
15
02
15
02
35
Two-family
4,000
0
15
60%
15
02
15
02
35
Townhouse/ multifamily
01
0
15
80%
15
02
15
02
60
Nonresidential
01
0
n/a
80%
0
02
15
02
60
NOTES:
1
Must meet setback, height and lot coverage requirements.
2
Fifteen-foot setback is required where C-2 abuts a residential district or use.
b. 
Additional standards.
(1) 
Commercial floor-to-ceiling heights and floor area of ground floor space.
(a) 
All commercial floor space must have a minimum floor-to-ceiling height of eleven (11) feet.
(b) 
All commercial floor space provided on the ground floor must contain the following minimum floor area:
i. 
At least eight hundred (800) square feet or twenty-five percent (25%) of the buildable lot area, whichever is greater, on lots with street frontage of less than fifty (50) feet; or
ii. 
At least twenty percent (20%) of the buildable lot area on lots with fifty (50) feet or more of street frontage.
H. 
Mixed-Use Commercial (C-3).
1. 
Purpose. The C-3 District is established to group and link places used for working, shopping, educating and recreating with residential uses thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses. The siting and architectural design and scale of structures in this district should be compatible with surrounding neighborhoods while contributing to the image and character of the area. C-3 implements the Medium- and High-Density Residential and Commercial/Office land use classifications of the Warsaw Comprehensive Plan.
2. 
Uses. Uses permitted in the C-3 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the C-3 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-8
Mixed-Use Commercial District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Maximum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Single-family detached and two-family
3,000
40
12
60%
15
02
15
02
35
Townhouse/ multifamily/ lodging
n/a1
40
18
80%
15
02
15
02
60
Office/ commercial/ mixed use
n/a1
403
n/a1
80%
0
02
15
02
60
NOTES:
1
Must meet setback, height and lot coverage requirements.
2
Fifteen-foot setback is required where C-3 abuts a residential district or use.
3
No minimum lot width for nonresidential structures in downtown Warsaw.
4. 
Building Area. The minimum floor area for dwellings shall be a minimum of six hundred fifty (650) square feet in "C-3" District.
[Ord. No. 385, 10-7-2019]
I. 
Waterfront Overlay District (WOD).
1. 
Purpose. The purpose of the Waterfront Overlay District is to allow additional protections to all waterfront districts when an alteration to existing conditions occurs. The Waterfront Overlay District provisions have the following purposes:
a. 
To preserve natural, recreational, scenic and historic values along the City of Warsaw's waterfronts on the Osage River and Truman Lake.
b. 
To preserve, provide and enhance recreation areas and other green space.
c. 
To provide a continuous bicycle/pedestrian trail along the Osage River.
d. 
To strengthen the vitality of the district and capitalize on the asset of the waterfronts.
e. 
To promote the Osage River waterfront district as a unique destination place that brings pedestrian traffic to downtown Warsaw.
f. 
To maximize the potential utility and enjoyment of the Osage River waterfront through active and passive uses, such as waterfront dining, public walkways and seating areas.
g. 
To protect the public health and safety.
h. 
To regulate uses and structures along the waterfront to avoid increased erosion and sedimentation.
i. 
To recognize areas of significant environmental sensitivity that should not be intensely developed.
j. 
To allow reasonable uses of land on the waterfront while directing more intensive and non-water-related development to the most appropriate areas of the community and region.
2. 
Definitions. The following definitions apply to this Chapter:
ENCROACH
To permanently occupy space within the physical boundaries of (such as a wetland).
FLOODPLAIN
Flood hazard areas as determined by the National Flood Insurance Agency.
FLOOD RELATED
Any condition that can be attributed to the damage or occurrence of a flood or accidental inundation of water.
IMPERVIOUS SURFACE
Any nonporous area covered by a substance that does not, by its physical qualities, permit inundation by water, including but not limited to asphalt, slate, brick, aluminum, and concrete.
NONPOINT POLLUTION
Waterborne substances that can have adverse impacts on fish, wildlife, habitats and water quality, and that enter the groundwater via a diffuse number of points, possibly from the same source, as opposed to one particular point of entrance.
PHYSICAL OBSTACLE
Any structure or piece of structure that prevents visual or physical contact.
PIER
A structure that encroaches on a body of water specifically for the purpose of providing the general public with access for recreational fishing.
SHORELINE
The point at which land and water meet as determined by the mean high-water mark of a body of water.
STORMWATER MANAGEMENT
The intentional containment, chemical treatment or alteration of flow of water that results from precipitation specifically for the purpose of preventing flooding, erosion or nonpoint pollution.
SUBSTANTIAL REHABILITATION
The investment of more than fifty percent (50%) of a structure's assessed value in repairs or improvements other than physical expansion.
WATER-DEPENDENT USES
Activities which require a location in, on, over or adjacent to the water because the activities require direct access to water and the use of water is an integral part of the activity. Examples of water-dependent uses include public and private marinas, yacht clubs, boat yards, commercial and recreational fishing facilities, tour boat and charter boat facilities, unloading and aggregate transshipping facilities, waterborne commerce, ferries, marine educational or laboratory facilities, and water-related public and quasi-public utilities.
WATER-ENHANCED USES
Activities that do not require a location on or adjacent to the water to function, but whose location on the waterfront could add to the public enjoyment and use of the water's edge, if properly designed and sited. Water-enhanced uses are generally of a recreational, cultural, commercial or retail nature.
3. 
Applicability. The Waterfront Overlay District is applicable where shown on the Warsaw Zoning Map.
4. 
Uses. Uses permitted in the WOD District are identified in Table 405.050-1, Use Table.
5. 
Dimensions. Development in the WOD shall conform to the dimensions applicable in the underlying base zone district along with any supplemental regulations provided in Section 405.040(M), except as follows:
a. 
Visual and physical access. Any new development that creates a visual or physical obstacle to public access on land that was previously accessible to the public shall mitigate the impact to ensure that physical and visual access is provided in another form.
b. 
Waterfront setback. Properties adjacent to the Osage River shall have a setback of fifty (50) feet from the top of the riverbank, as defined by the Director of Public Works on a site-by-site basis.
6. 
District regulations. Development otherwise permitted in the underlying zone shall meet the following standards:
a. 
Docks and piers. Access to the water from lots in any proposed subdivision shall be from a single common dock unless a single dock is considered infeasible, as determined by the Director.
b. 
Water-dependent uses. Any applicant proposing development adjacent to a water-dependent use will be required to notify the owner of the water-dependent use and submit his/her comments with the site plan, if comments were received. New development that permanently interferes with existing use of the water or will permanently inhibit the continued operation of a water-dependent use is prohibited.
c. 
Residential uses. All habitable space within dwelling units in the WOD shall be located above the one-hundred-year floodplain.
d. 
Water-enhanced uses. Any proposed water-enhanced use that will have a significant negative environmental or economic impact on existing water-dependent uses [more than one (1)] will not be permitted.
e. 
Marinas. All site plans for new marinas or expansion of existing ones must include a stormwater management plan signed and prepared by a Missouri licensed engineer and must include a pump out.
f. 
Hazards to water quality. No structure or building shall be used in such a way as to significantly threaten or cause significant pollution to the water quality of the Osage River or Truman Lake.
g. 
Relation to water. Any use encroaching on water or that will exist permanently above water that is not water-dependent will not be permitted.
h. 
Building orientation. Primary structures shall be oriented toward the Osage River as well as the street by providing windows, doorways and other architectural features on the riverfront side of buildings.
i. 
Natural features. Destruction of natural features that serve to protect from floods or erosion shall not be permitted. Such features could include the riverbank, vegetation, and natural slopes. Any party responsible for the illegal or unauthorized destruction of such features will be compelled to replace them or compensate the City for their replacement.
j. 
Pedestrian trails. A continuous publicly accessible municipally owned pedestrian trailway, the Osage Trail, shall be created along the Osage River waterfront in the Waterfront Overlay District. An applicant for site plan approval of a lot or parcel which contains land along the Osage River waterfront shall be required to reserve a continuous right-of-way having a minimum width of twenty five (25) feet measured laterally from the riverbank of the Osage River in which a minimum twelve-foot-wide paved public trailway shall be developed on that lot or parcel in accordance with City's Master Trail Plan.
J. 
Light Industrial (M-1).
1. 
Purpose. This district is intended to provide for a variety of businesses, including warehouses, research and development firms, repair shops, wholesale distributors, and light manufacturing. This district may include supporting office and commercial uses where appropriate. Uses permitted in this district are intended to serve community and regional needs. This district is intended to be located away from low- and medium-density residential development. The M-1 District implements the Industrial and Transportation/Utilities classifications of the Warsaw Comprehensive Plan and should take access from a primary connector or principal arterial street.
2. 
Uses. Uses permitted in the M-1 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the M-1 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-9
Light Industrial District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Office/ Commercial/ Industrial
8,000
80
25
7
20
45
K. 
Heavy Industrial (M-2).
1. 
Purpose. The purpose of this district is to accommodate a broad range of manufacturing, warehousing and wholesaling uses. This district is intended to be located away from residential development. The M-2 District implements the Industrial and Transportation/Utilities classifications of the Warsaw Comprehensive Plan and should take access from a primary connector or principal arterial street.
2. 
Uses. Uses permitted in the M-2 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the M-2 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-10
Heavy Industrial District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Office/ Commercial/ Industrial
15,000
100
25
15
20
45
L. 
Rural Holding And Open Space (RH-O).
1. 
Purpose. The purpose of this district is to conserve and protect open land uses, accommodate low-intensity uses on land which is either unsuited for intensive development or which is not yet served by public utilities. Nonagricultural uses must be rezoned to a different classification prior to subdivision or development.
2. 
Uses. Uses permitted in the RH-O District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the RH-O District along with any supplemental regulations provided in Section 405.040(M).
Table 405.040-11
Open Space District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (acres)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
 
5
100
25
15
20
35
M. 
Supplementary Dimensional Standards. No lot or yard shall be established in any district that does not meet the minimum requirements of that district along with any applicable regulations in this Section.
1. 
Maximum height. Chimneys, cooling towers, elevator headhouses, grain elevators, stage towers, scenery lofts, water towers, ornamental towers, church steeples, radio and television towers, antennas and mechanical equipment usually required to be placed above the roof level and not intended for human occupancy are not subject to any height limitations.
2. 
Double-frontage lots. Lots with two (2) nonadjoining frontages (double-frontage lots) shall maintain the required front yard setback along both frontages.
3. 
Accessory buildings.
a. 
No accessory building shall be erected in any required front or side yard, and no detached accessory building shall be erected closer than five (5) feet to any other building.
b. 
Accessory buildings may be located in the rear yard but shall not be closer than five (5) feet to the rear lot line and shall not be closer to the side lot line than the required side yard setback.
c. 
No accessory building shall cover more than thirty percent (30%) of the required rear yard.
4. 
Number of structures and uses per lot. Where a lot or tract is used for other than a single-family dwelling, more than one (1) principal use and structure may be located upon the lot or tract, provided that all structures and uses conform to all requirements for the district in which the lot or tract is located.
5. 
Sight triangle. On a corner lot in any district except C-2, development and landscaping shall not obstruct the sight triangle as defined by these regulations.
[Ord. No. 211 § 2, 12-21-2015; Ord. No. 379, 9-16-2019]
A. 
Use Table. Table 405.050-1 below lists the uses allowed within all base zoning districts. All uses are defined in Section 405.180, Definitions, and additional standards for specific uses are located in Section 405.050(B). Approval of a use listed in Table 405.050-1 and compliance with the applicable use-specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 405.050-1 is prohibited unless the use is classified by the Director pursuant to Section 405.050(A)(4), below.
1. 
Explanation Of Table Abbreviations.
a. 
Permitted By-Right Uses. "P" in a cell indicates that the use is permitted by right in the zone district. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 405.050(B).
b. 
Conditional Uses. "C" in a cell indicates that the use is allowed in the zone district only if reviewed and approved as a conditional use in accordance with the procedures of Section 405.030(E). Conditional uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 405.050(B).
c. 
Prohibited Uses. A blank cell indicates that the use is prohibited in the zone district.
2. 
Use-Specific Standards. Regardless of whether a use is allowed by right or as a conditional use, there may be additional standards and/or site plan review that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. Cross-references refer to Section 405.050(B), Use-Specific Standards, or a specific zone district. These standards apply in all districts unless otherwise specified.
3. 
Table Organization. In Table 405.050-1, land uses and activities are classified into general use categories and specific use types based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within each category, and specific uses may be listed in one category when they may reasonably have been listed in one (1) or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.
4. 
Classification Of New And Unlisted Uses. Warsaw recognizes that new types of land use will develop and forms of land use not anticipated in this Code may seek to locate in the City. When application is made for a use category or use type that is not specifically listed in Table 405.050-1, the Director shall make a determination as to the appropriate classification of any new or unlisted form of land use in the following manner:
a. 
The Director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this Chapter.
b. 
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the Director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this Section. In making such determinations, the Director must consider:
(1) 
The types of activities that will occur in conjunction with the use;
(2) 
The types of equipment and processes to be used;
(3) 
The existence, number and frequency of residents, customers or employees;
(4) 
Parking demands associated with the use; and
(5) 
Other factors deemed relevant to a use determination.
c. 
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Director must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate fit.
d. 
If the Director is unable to determine the appropriate use category for a proposed use, the Director is authorized to submit the request to the Planning and Zoning Commission for review and determination. The Director shall deny permits and certificates for establishment of the proposed use pending Planning and Zoning Commission determination.
Table 405.050-1: Use Table
Use Category
Residential
Nonresidential
Use-Specific Regulations
Subcategory
R-1
R-2
R-3
C-1
C-2
C-3
MOD
WOD
M-1
M-2
RH-O
All uses in the Warsaw Unified Development Code are required to comply with the use standards, even those uses permitted as of right
Specific Use Type
Residential
Household Living
Manufactured homes 405.050(B)(1)(b)
Dwelling
Single-family, detached
P
P
P
P
C
C
C
Single-family, attached
405.050(B)(2)
Two-family
P
P
P
C
C
C
Townhouse/row house
P
P
P
C
C
Multifamily
P
P
C
C
C
405.050(B)(2)
Live/work
C
P
P
C
405.050(B)(2)
Loft/accessory dwelling unit
P
C
C
C
C
405.050(C)
Group Living
Boarding- and rooming house
P
P
C
C
Congregate living facility/senior housing
C
C
Dormitory, college
P
P
C
Fraternity and sorority houses
P
P
C
Group home for the mentally or physically handicapped
C
C
C
405.050(B)(3)
Housing for religious and civic organizations
P
P
C
Nursing, convalescent, and rest home
P
P
C
Shelter facility
C
C
C
405.050(B)(4)
Civic and Institutional
Community services
Ambulance services
P
P
P
P
P
Cemetery and mausoleum
P
P
P
P
P
P
Civic, social, and fraternal organizations
P
P
Civil defense and related activities
P
P
Community support services
P
P
P
Cultural institutions and museums
P
P
P
Libraries
P
P
P
P
P
P
P
P
405.050(B)(4)
Government offices and facilities
P
P
P
Religious assembly
P
P
P
P
P
P
Postal services
P
P
Public safety facilities
P
P
P
P
P
P
P
Prison
C
Zoo, aquarium, botanic garden
P
P
Day Care
Day-care center
P
P
P
Day-care, group home
405.050(B)(4)
Educational Facilities
405.050(B)(4)
School, primary or secondary, public or private
P
P
P
P
P
P
P
School, professional and business
P
P
School, vocational-technical and trade
P
P
School, university or college
P
P
Health Care Facilities
Alcohol and drug abuse facility
C
C
C
Hospitals
P
P
P
405.050(B)(4)
Hospice
C
P
P
P
Medical and dental clinics and offices
P
P
P
Urgent care facility
P
P
P
Parks and Open Space
Park
P
P
P
P
P
P
P
P
Playground and athletic area
P
P
P
P
P
P
P
Transportation
Airport and passenger terminal
C
Bus garaging and equipment maintenance
P
P
Bus passenger terminal
P
P
Railroad yard and terminal
P
P
Taxicab dispatch and maintenance
P
P
Utility
Major facilities
C
P
P
Minor facilities
P
P
P
P
P
Wireless Communication Facility
Alternative structure
Monopole
C
C
C
C
Includes transmission stations and towers, radio and TV
Commercial
Outdoor display and sales 405.050(B)(1)(d) Outdoor Storage 405.050(B)(1)(e)
Animal Sales and Service
Pets and pet grooming
P
P
P
Kennels, boarding and breeding
P
Shelter
P
Stables
C
Veterinary services
Indoor only
P
P
With outdoor facilities
C
C
Office
Business and professional
P
P
P
P
Building construction contractors
Without storage yard
P
With storage yard
P
Recreation and Entertainment, Outdoor
Amphitheater
P
P
P
Amusement park and go-cart track
C
Country club
P
Fairgrounds
P
Golf course
P
P
P
Golf driving range
P
Hunting and fishing clubs
Racetracks and courses
C
Recreation and Entertainment, Indoor
Auditorium and exhibition hall
P
P
Bowling
P
P
Penny arcade
P
P
Private club
P
P
Skating rink
P
P
Stadium
P
P
Theater
P
P
Retail/Commercial Services
Art gallery and artist studios
P
P
P
P
Assembly
P
P
P
Auction house
P
P
P
Broadcasting studios: radio and TV
P
P
P
Eating and drinking
Outdoor seating 405.050(B)(6)
Drinking establishment, tavern
P
P
P
P
Brewery, distillery, or winery
P
P
Microbrewery
P
P
Brewpub
P
P
P
Food and beverage preparation
P
P
Food truck
P
P
P
405.050(B)(6)
Restaurant
P
P
P
P
P
With drive-through
P
P
Bakery
P
P
P
Dairy products
P
P
P
Exterminating and disinfecting services
P
P
Financial services
Alternative financial services
C
405.050(B)(5)
Financial institution
405.050(B)(5)
With drive-through
P
Without drive-through
P
P
P
Fuel oil
P
C
Funeral and mortuary services
P
P
P
Janitorial services
P
P
P
Landscape contracting services
P
P
Lawn care services
P
P
Linen supply and industrial laundry
P
P
Maintenance and repair
General maintenance and repair
P
P
P
Carpet and rug cleaning and repair
P
P
Gun repair
P
P
Medical and dental laboratory
P
P
Photocopying and blueprinting
P
P
P
P
Sexually oriented business
C
Water well drilling
P
P
Welding and blacksmith
P
P
P
Maximum size in C-3: 5,000 square feet
Medical Marijuana Cultivation Facility
P
Medical Marijuana Dispensary Facility
P
P
Within Marijuana Overlay District
Marijuana Infused Medical Products Manufacturing Facility
P
P
Within Marijuana Overlay District
Medical Marijuana Testing Facility
P
P
Within Marijuana Overlay District
Retail Sales and Personal Services
Personal services
General personal services
P
P
P
P
Athletic, health, and exercise club
P
P
P
P
Beauty and wellness spas
P
P
P
P
Massage
P
P
P
P
School: art, music, dance
P
P
P
P
Travel arranging services
P
P
P
P
Watch, clock, and jewelry repair
P
P
P
Retail, Large-Scale
General large-scale retail
P
Construction equipment
P
P
Electrical supplies
P
P
Farm machinery and equipment
P
Hardware and farm supplies
P
Heating and plumbing equipment and supplies
P
P
Retail, Small-Scale
General small-scale retail
P
P
P
P
Automobile parts and supplies
P
P
P
P
Bottled gas
C
C
C
Vending machine operators
P
Vehicles and Equipment
Aircraft/equipment sales
C
Automobile retail sales
P
P
Automobile and truck wash
P
P
Boat building and repair
P
P
P
Boat rental and marina
C
C
P
Car wash
405.050(B)(7)
Commercial vehicle sales and rental
P
P
Gasoline service stations
P
P
P
405.050(B)(7)
Alternative fuel or recharging
P
P
P
Mobile homes and accessories, retail sales
P
Parking facilities, surface and garage, nonaccessory
P
P
P
P
P
Repair services: automobile and other
P
P
Motor vehicle
Small engine repair
C
P
P
Visitor Accommodation
Bed-and-breakfast facility
P
P
P
P
P
P
P
405.050(B)(8)
Campground and retreat
P
C
Permitted in WOD on east side of Highway 65 only
Conference center
P
P
P
P
Hotels and commercial lodging
P
P
P
P
405.050(B)(8)
Recreational vehicle park
C
C
Industrial
Industrial Service
Computer design and development
P
Crematorium
P
Data center
P
Digital production
P
Energy production
Electric generation plant
C
Energy production, renewable
Cogeneration facility
C
Solar array
C
C
C
P
Wind energy
P
Small
C
C
C
C
C
P
P
Commercial
Motor freight garaging and equipment maintenance
P
Research, development, and testing
C
C
Manufacturing and Assembly
In C-2 District: 405.050(B)(9)
Artisan
General
C
P
P
May include on-site sales with conditional use permit
Light
General
P
P
General
General manufacturing
P
P
Agricultural chemicals and fertilizers
C
Asphalt felts and coatings
C
Guns, ammunition, and ordinance
C
Newspaper publishing and printing
P
P
Heavy
Heavy manufacturing
P
Asbestos, abrasive and miscellaneous nonmetallic mineral production
C
Asphalt mixing plant
C
C
Cement (hydraulic)
C
Chemicals, industrial organic and inorganic
C
Chemical products
C
Concrete ready-mix plant
C
C
Gas production plant
C
Gas storage and distribution points
C
C
Matches
C
Paints, varnishes, lacquers, enamels, and allied products
C
Wholesale, Storage, and Distribution
Automobile towing service storage yard; impound lot
P
Freight terminal and warehouse
P
P
Gas storage and distribution points
C
C
Warehouse, commercial (nonhazardous)
P
P
Warehouse, moving and storage
P
P
Warehouse/storage, personal property
Aircraft storage and equipment maintenance
C
Food lockers and refrigerated storage
P
P
P
Household goods
Boat and RV storage
C
Outdoor storage; 405.050(B)(1)
Primary outdoor storage yard
C
P
Outdoor storage; 405.050(B)(1)
Wholesale sales and distribution
P
P
General wholesale sales and distribution
P
P
Agricultural chemicals and fertilizers
C
C
Liquid petroleum gas
C
C
Petroleum bulk stations and terminals
C
C
Waste and Salvage
Automobile parts recycling business
P
Nonhazardous material
Collection and transfer facility
C
Solid waste disposal facility
C
C
Recycling collection facility
405.050(B)(10)
Small-scale
C
P
P
P
P
Large-scale
P
Salvage yard or junkyard
C
Agricultural
Agricultural processing
P
Animal raising
C
Crop raising
C
Farm products warehouse and storage, excluding stockyards
P
P
Farm stand
Farmers' market