[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.
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:
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.
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.
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:
(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.
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:
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.
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.
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.
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.
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:
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.
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.
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.
ENCROACH
FLOODPLAIN
FLOOD RELATED
IMPERVIOUS SURFACE
NONPOINT POLLUTION
PHYSICAL OBSTACLE
PIER
SHORELINE
STORMWATER MANAGEMENT
SUBSTANTIAL REHABILITATION
WATER-DEPENDENT USES
WATER-ENHANCED USES
Definitions. The following definitions apply to
this Chapter:
To permanently occupy space within the physical boundaries
of (such as a wetland).
Flood hazard areas as determined by the National Flood Insurance
Agency.
Any condition that can be attributed to the damage or occurrence
of a flood or accidental inundation of water.
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.
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.
Any structure or piece of structure that prevents visual
or physical contact.
A structure that encroaches on a body of water specifically
for the purpose of providing the general public with access for recreational
fishing.
The point at which land and water meet as determined by the
mean high-water mark of a body of water.
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.
The investment of more than fifty percent (50%) of a structure's
assessed value in repairs or improvements other than physical expansion.
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.
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
[Ord.
No. 419, 10-5-2020]
|
Use Category
|
Residential
|
Nonresidential
|
Use-Specific Regulations
| ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Subcategory
|
R-1
|
R-2
|
R-3
|
C-1
|
C-2
|
C-3
|
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
| ||||||||||
|
Marijuana Infused Medical Products Manufacturing Facility
|
P
| ||||||||||
|
Medical Marijuana Testing Facility
|
P
| ||||||||||
|
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/Air B & B 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
| |||||||||||
|
Feed, grain and hay
|
P
|
P
| |||||||||
|
Fertilizers, retail
|
P
|
P
| |||||||||
|
Greenhouse
|
P
|
P
| |||||||||
|
Nursery stock farm
|
C
| ||||||||||
|
Urban agriculture/community garden
|
P
|
P
|
P
|
P
|
405.050(B)(11)
| ||||||
B.
Use-Specific Standards. The following regulations are applicable
to all uses in Warsaw as specified in this Section.
1.
Generally Applicable Use Standards.
a.
Home Occupations. The intent of this Section is to allow low-intensity
home occupations that are clearly incidental and secondary to the
primary residential use of the property and that are conducted in
a limited manner which creates little exterior indication of the activity
and which does not create a nuisance or otherwise adversely impact
adjacent properties or the residential character of the neighborhood.
(1)
Definition. A home occupation is a gainful activity, resulting
in a product or service that is conducted in whole or in part on a
property zoned or occupied as residential.
(2)
Exemptions. Yard/garage sales and home day-care shall not be
classified as home occupations when operating in compliance with all
ordinances and regulations in connection with such use.
(3)
Application/Inspection. A request for registration or for approval
of a conditional use permit for a home occupation shall constitute
the applicant's agreement to allow, upon reasonable request, the inspection
of the premises to the extent necessary to determine compliance and
compatibility with these regulations. City inspectors may inspect
a premises suspected of violations for the purpose of determining
compliance with these regulations. The refusal to allow inspection
upon reasonable request shall be an indication of a failure to comply
with the terms of this Section. A presumption shall therefore exist
that there are violations, and appropriate enforcement action to terminate
the activity may be taken.
(4)
Registration Or Conditional Use Permit Required.
(a)
All home occupations shall be required to register
upon forms prepared by the Director for the purpose and shall include
a description of the nature and extent of the activity. The applicant
shall sign the form verifying that the activity will be conducted
in compliance with the standards of operation set out below. Home
occupations not in compliance with this Section may be approved as
a conditional use if they comply with the conditions established in
Section 405.050(B)(1)(a)(6), below.
(b)
Approval of a home occupation, whether by registration
or by conditional use permit, shall be limited to one (1) year, provided
that such approval shall automatically be extended in one-year increments,
based on the anniversary date of the approval, unless a request for
review is received prior to the anniversary date. A written request
for review may be submitted by any person affected by the home occupation;
by the Director, Director of Public Works, a member of the City's
Code or Building Enforcement staff or by the Board of Aldermen or
Planning and Zoning Commission. If a request for review is received,
a new application for approval as a conditional use permit shall be
required.
(c)
Whenever there are questions or there is uncertainty
regarding conformance with the intent and/or requirements of all regulations
regarding home occupations, the Director may forward the home occupation
to the Planning and Zoning Commission and Board of Aldermen for review
under the requirements regarding conditional use permits.
(5)
Permitted Home Occupations. The following uses shall require
registration, but shall not require approval as a conditional use
permit, provided that full compliance with all standards of operation
stated above is required, except as modified herein.
(a)
Home Office. An office for the clerical and administrative
purposes of receiving mail and telephone calls, maintaining records,
and similar functions is permitted.
(b)
Off-Site Sales Offices. Home offices may include
offices for direct sales distribution (Amway, Avon, Tupperware, etc.),
for manufacturer's representatives, and other similar activities,
provided that all sales are conducted off-site and that storage and
deliveries do not exceed the limitations stated above.
(c)
Off-Site Services Offices. Home offices may include
offices for services provided off-site, including but not limited
to such activities as house cleaning service, yard/garden service,
locksmiths, appliance repair, contractors, and similar activities,
provided that all services are provided off-site, that storage does
not exceed the limitations stated above, that no other employees regularly
visit the premises, and that no more than one (1) commercial vehicle
is parked at the residence on a regular basis.
(d)
Professional Services. Home offices may include
offices/studios for engineers, draftsmen, and similar services, provided
that client consultation is conducted off-site.
(e)
Home Instruction. Individual tutoring or lessons
in art, dance, music, swimming, or similar activities are permitted,
provided that a maximum of six (6) students per day shall be permitted
at the premises.
(f)
Home Arts/Crafts. The preparation of small arts/crafts
items for off-site display and sale, including ceramics with a maximum
kiln size of six (6) cubic feet and including dressmaking/sewing with
a maximum of one (1) machine, shall be permitted, provided that all
ordering, fittings, and delivery are conducted off-site. The preparation
or creation of larger items requiring frequent delivery of materials,
movement by vehicles other than passenger vehicles, larger or noisy
equipment, or storage exceeding the limits stated above shall not
be allowed.
(6)
Standards Of Operation. All home occupations shall comply with
the following performance standards and limitations, except as specifically
modified herein.
(a)
Employees. No person other than an occupant of
the residence shall be engaged in the home occupation at the residence
or shall visit the residence on a regular basis. No more than three
(3) occupants at a residence shall be engaged in home occupations.
(b)
Space And Location. The maximum area used for the
home occupation shall not be greater than twenty-five percent (25%)
of the living area of the residence; than five hundred (500) square
feet, including storage areas; or than two (2) rooms. No accessory
building shall be used in the conduct of a home occupation.
(c)
Storage. The total area used exclusively for storage
shall be no larger than one hundred fifty (150) cubic feet. Outside
storage in conjunction with a home occupation shall be prohibited.
(d)
Alterations. No alterations of the residential
appearance of the property for business purposes, such as the creation
of a separate entrance, shall be permitted.
(e)
Equipment. The installation, storage or use of
any equipment or machinery not normally found in a household or general
office shall be prohibited.
(f)
Sales And Display. Direct, on-site sales, retail
or wholesale, and the display of goods or products on the premises
shall be prohibited.
(g)
Nuisances. The creation of noise, odors, vibrations,
glare, fumes, or electrical interference which is detectable to normal
sensory perception outside the structure shall be prohibited.
(h)
Deliveries. No deliveries related to the conduct
of the home occupation shall be permitted by vehicles of more than
two (2) axles.
(i)
Traffic. Home occupations shall not involve the
regular visits of clients, other employees, or any other persons to
the residence due to the conduct of the home occupation.
(j)
Advertising/Signs. Home occupations are permitted
one (1) on-site wall sign for each side of the home that faces a public
street. The sign shall be no more than three (3) square feet and shall
not be illuminated.
(k)
Vehicles. Vehicles supporting the home business
must be parked in the driveway and not on the street. This includes
vehicles such as taxi cabs, day-care vans, catering trucks, and/or
locksmith trucks.
(7)
Conditional Use Permits For Home Occupation.
(a)
A conditional use permit for a home occupation
may be approved only if it is determined that the activity will be
incidental and subordinate to the residential purpose of the property,
will comply with the spirit and intent of these regulations, will
not create adverse impacts on adjacent properties, and will be compatible
with the residential character of the area.
(b)
The following types of uses will not be approved
as home occupations unless unusual or special circumstances exist:
i.
Uses involving regular client visits, such as photographic
studios, small appliance repair shops, barber/beauty shops, medical
offices, etc.
ii.
Uses involving large goods or materials, such as
upholstery or furniture repair, arts/crafts other than small items,
etc.
iii.
Uses involving nuisances (noise, dust, etc.) or
which cannot be conducted within a totally enclosed structure, such
as automobile, lawn mower, or other engine repair, welding or machine
shops, etc.
iv.
Uses where other employees visit the site, such
as operating/dispatch offices for contractors, offices for businesses
having employees who are not occupants, etc.
v.
Uses involving handling and/or storage of quantities
of goods or materials, such as retail/wholesale operations or manufacturing/assembly.
vi.
Uses involving the grooming, breeding, or boarding
of animals.
(c)
The standards of operation set out in Section 405.050(B)(1)(a)(5)
shall apply to all home occupations; provided, however, that the approval
of a conditional use permit may authorize minor modifications, alternative
limitations, and/or special conditions where it is determined that
the home occupation can be accommodated in accordance with the spirit
and intent of this Section.
b.
Manufactured Homes. New manufactured homes may be placed on any individual
residential or commercial zoned lot within an R-2, R-3, C-1, C-2 or
C-3 Zoning District with the following restrictions and regulations:
(1)
Manufactured homes shall not be placed or occupied on an individual
lot without a building permit issued under these regulations.
(2)
Each manufactured home placed on an individual lot shall:
(a)
Be occupied only as a single-family dwelling or
business unit.
(b)
Be placed in conformance with all zoning and setback
requirements established for the district in which located.
(c)
Accessory structures, as defined under Section 405.180, Definitions, shall be placed in conformance with the setback and dimensional requirements established for the district in which located. The exterior covering and roofing material of the accessory structure must be the same as that of the dwelling unit.
(d)
Have a minimum width of not less than twenty-four
(24) foundation feet as measured at all points perpendicular to the
length of the manufactured home which shall be not less than forty-two
(42) foundation feet. This standard is intended to restrict units
to the type which are brought to the site in parts, typically two
(2) halves and at least one thousand eight (1,008) square feet minimum.
(e)
The roof must be gable or hip roof of at least
three (3) in twelve (12) or greater and covered with material that
is residential in appearance, including, but not limited to, approved
wood, asphalt composition or fiberglass shingles but excluding corrugated
aluminum, corrugated fiberglass or metal roofs; except for permitted
deck areas, all roof structures shall provide an eave projection of
no less than six (6) inches and no greater than thirty (30) inches.
(f)
Have the main entry door facing the street on which
the manufactured home is located. A sidewalk shall be installed from
the street, driveway or sidewalk adjoining neighboring lots to the
front door. The unit must be oriented on the lot so that its long
axis is parallel to the street. A perpendicular or diagonal placement
may be permitted if there is a building addition or substantial landscaping
so that the narrow dimension of the unit, as so modified and facing
the street, is no less than fifty percent (50%) of the unit's long
dimension.
(g)
Have exterior surface and window treatments that
are architecturally compatible with those of neighboring properties,
excluding smooth, ribbed or corrugated metal or plastic panels.
(h)
Have a hard surface (not earthen in nature) driveway
not less than nine (9) feet wide sufficient for the placement of at
least two (2) vehicles.
(i)
Be placed on a parcel according to an approved
presubmitted building permit and have a manufacturer's installation
manual and an illustration of the finished appearance of the unit.
(j)
Units shall be attached to a continuous permanent
foundation, which manner of placement shall be as stated on the building
permit, and shall meet all the manufacturer's specifications for support.
(k)
The exterior foundation material shall consist
of continuous concrete or masonry suitable for the outer portion of
a finished residence.
(l)
Have the tongue and running gear including axles
removed.
(m)
Maintain a minimum of eighteen (18) inches of crawl
space under the entire manufactured home.
(n)
Have permanent steps set at all exits.
(o)
Be served by a water supply and sewage disposal
system meeting the established City requirements.
(p)
Underground public utilities shall be required.
(q)
The property owner shall declare the manufactured
home as real property and must so record with the Benton County Assessor.
(r)
The manufactured home must have been built to accommodate
Zone 2 weather conditions or better.
(3)
Nonconformity. All existing occupied manufactured 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 Subsection. Any such existing
manufactured home shall be removed when unoccupied for a period in
excess of twelve (12) months.
(4)
Preowned Manufactured Homes. Preowned manufactured homes may
not be moved onto an individual lot within the City.
c.
Modular Homes. Modular homes, as defined under Section 405.180, may be placed on any individual residential or commercial zoned lot. They must comply with all district restrictions and regulations thereof.
d.
Outdoor Display And Sales. Outdoor display and/or sales may be allowed
as an accessory use for all commercial uses, provided that the display
of such items does not impede the flow of pedestrian or vehicular
traffic or create an unsafe condition. These provisions are not intended
to apply to permanent outdoor display and sales, such as vehicle sales,
that must be approved as part of the development site plan. The accessory
outdoor display of goods shall meet all of the following requirements:
(1)
Outdoor display or sale shall require approval of the Director
and may be subject to appropriate conditions by the Director to ensure
compliance with the provisions of this Section.
(2)
Display of goods shall not be in drive aisles, loading zones
or fire lanes and shall not obstruct any entrance to the building.
(3)
The total area for display or sale of goods in the front of
the building shall be limited to an area that measures five percent
(5%) of the net square footage of the main building.
(4)
The outdoor display area may be located in a parking lot, provided
that the parking available does not fall below eighty percent (80%)
of the off-site parking required for the building.
(5)
No goods shall be attached to a building's wall surface.
(6)
The outdoor display area shall take place on an improved surface,
such as the sidewalk or pavement.
(7)
No outdoor displays shall be allowed in required landscape areas.
(8)
At least five (5) feet along the parking lot side of the display
shall be maintained free of obstruction to allow for pedestrian and
handicap movement, such that handicapped pedestrians and others do
not have to enter the parking lot or drive aisle to walk around the
display.
e.
Outdoor Storage. Outdoor storage shall mean the keeping of any goods,
materials, merchandise, or equipment outside of an enclosed building
for more than twenty-four (24) hours. Any such goods kept outside
which are not within the definition and/or limitations for incidental
outdoor display or outdoor display lots shall be regarded as outdoor
storage. Outdoor storage shall include the parking/storage of vehicles
to be serviced at a collision service or towing/wrecker service use
and all parking/storage of vehicular equipment, such as farm or construction
machinery or equipment and commercial delivery vehicles. The placement
of storage vaults or shipping containers shall be regarded as outside
storage, except as may be otherwise permitted herein.
(1)
Permitted Outdoor Storage.
(a)
Accessory Outdoor Storage Area. Accessory outdoor
storage shall be permitted in the C-3, M-1, and M-2 Districts. Accessory
outdoor storage shall mean storage which is accessory to a lawful
business in a permanent building on the premises, which is conducted
in accordance with the limitations and conditions set out below, and
which covers a maximum of thirty-three percent (33%) of a premises.
All other outdoor storage shall be classified as a primary outdoor
storage yard.
(b)
Primary Outdoor Storage Yard. Primary outdoor storage
yards shall be permitted in the M-2 District and may be approved as
a conditional use permit use in the M-1 District. A primary outdoor
storage yard shall mean such storage which constitutes a principal
use on the premises or is conducted without a permanent building on
the premises, which utilizes more than thirty-three percent (33%)
of the premises, or which otherwise exceeds the limitation of an accessory
storage area. Modification of the conditions set out below may be
specified as part of the approval of a conditional use permit, if
noted on the application and required notification, when it is determined
that the storage can be accommodated in a modified manner without
adverse impacts on adjacent properties and that such storage will
still meet the general intent of the limitations.
(2)
Commercial/Utility Vehicles.
(a)
Parking Of Vehicles In Right-Of-Way. It is unlawful
for any person to park and/or permit any other person to park a recreational
vehicle, utility vehicle, commercial vehicle, boat or trailer that
intrudes into the public right-of-way or obstructs visibility from
adjacent driveways or street corners.
(b)
Truck Tractors, Trailers, And Large Commercial
Vehicles. Parking of commercial vehicles over ten thousand (10,000)
pounds gross weight, exceeding twenty (20) feet in length and/or seven
and five-tenths (7.5) feet in width is prohibited in residential areas,
except on a temporary and nonregular basis not exceeding six (6) hours
when sight visibility is not obstructed.
(c)
Regular parking for commercial and utility vehicles
shall be located in service areas that are designed as follows and
screened as necessary to meet these standards:
i.
All service areas shall be placed at the rear, on
the side of, or inside buildings.
ii.
No service area shall be visible from a public
right-of-way or from adjacent residential areas.
iii.
Service areas and access drives shall be located
so that they do not interfere with the normal activities of building
occupants or visitors on driveways, walkways, in parking areas or
at entries.
(3)
Required Conditions. All outdoor storage shall comply with the
following conditions.
(a)
Type Of Materials. Storage shall be limited to
goods and materials customarily stored outside and resistant to damage
and deterioration from exposure to the elements.
(b)
Location. Outdoor storage shall not be located
in any required front or exterior side yard; shall not obstruct or
eliminate any required parking or loading space, access drive, or
fire lane; or occupy any street right-of-way.
(c)
Height. Storage of stacked materials shall not
exceed the height of the screening fence or eight (8) feet, whichever
is less. Individual items of greater height may be stored, but may
not exceed one-half (1/2) the height of the principal building.
(d)
Screening. All outdoor storage shall be screened
by a permanently maintained solid fence at least six (6) feet in height
along any side facing a front or exterior side property line, any
side facing a rear or interior side property line which is adjacent
to a district which does not allow outdoor storage as a permitted
use, or any other side generally open to public view. Fencing for
this purpose shall be designed of wood or masonry, provided that chain-link
with slat inserts may be used if all openings are blocked by slats
having a width which is no less than one-fourth (1/4) inch smaller
than the width of the opening.
(e)
Surfacing. Storage areas shall be surfaced as follows:
i.
Storage of goods and materials shall be conducted
only on a paved surface or an approved all-weather surface of crushed
rock which is maintained in a dust-free condition.
ii.
The storage of vehicles, trailers and equipment
which is normally intended to be mobile, whether self-propelled or
towed, shall be conducted only on an approved asphalt or concrete
surface which is provided in accordance with the requirements for
parking areas.
2.
Residential/Household Living.
[Ord. No. 432, 2-1-2021]
a.
Dwelling, Residential Live/Work.
(1)
In the C-2 and C-3 Districts, residential uses in mixed-use
structures may be located on the second floor or higher or in the
basement, provided, that all building and safety code requirements
are met. Residential use is prohibited on the first floor.
(a)
Any issues regarding the identification of the
first floor shall be resolved by the Planning and Zoning Commission.
(b)
All residential dwellings shall have separate entrances.
(c)
For the purpose of this Section, "basement" shall
be defined as a story having more than one-half (1/2) of its clear
height below the curb level.
(2)
Residential uses in a mixed-use structure require a minimum
area of five hundred (500) square feet for usable living area. Bathroom,
bedroom and kitchen square footage shall be figured into the required
five hundred (500) square feet. The kitchen area is required to have
an operating sink and a minimum of ten (10) square feet of countertop
space.
3.
Residential/Group Living.
a.
Group Homes.
(1)
Group homes for mentally and physically handicapped persons
shall be allowed for eight (8) or fewer unrelated residents with up
to two (2) additional residential care providers.
(2)
Group homes shall be separated from other group homes by at
least two thousand (2,000) linear feet.
(3)
Group homes shall comply with design and development standards
of this Code.
4.
Civic And Institutional Uses.
a.
Day-Care, Group Home.
(1)
Shall be licensed by the State of Missouri.
(2)
Maximum number of children: twenty (20), with the holdover option
of one-third (1/3) for a two-hour period.
(3)
The applicant for the original conditional use permit must obtain
approval for the use from all adjacent neighbors.
(4)
The operator must maintain a Warsaw business license.
b.
Hospital/Medical Center.
(1)
The application shall be accompanied by written proof that the
proposal meets all Federal, State and County regulations.
(2)
A minimum of twenty-five percent (25%) of the net lot area shall
be provided in open space.
(a)
A minimum of three-fourths (3/4) of the total open
space requirement shall be provided as frontage open space to provide
a setting for the building, visual continuity within the community,
and a variety of spaces in the streetscape. The frontage open space
shall not be required to exceed fifty (50) square feet per one (1)
foot of public street frontage and shall not be less than thirty (30)
square feet per one (1) foot of public street frontage.
(b)
The remainder of the required open space shall
be provided in common open space.
(3)
When the height of the building exceeds fifty (50) feet, the
following yard requirements shall apply:
(a)
A side or rear yard of not less than one hundred
(100) feet shall be maintained where the side or rear of the lot abuts
a single-family residential district or abuts an alley that is adjacent
to a single-family residential district. The one hundred (100) feet
may include the width of the alley.
(b)
A side or rear yard of not less than seventy-five
(75) feet shall be maintained where the side or rear of the lot abuts
a multiple-family residential district or abuts an alley that is adjacent
to a multiple-family residential district. The seventy-five (75) feet
may include the width of the alley.
(4)
On-street parking adjacent to a hospital may not be counted
toward required off-street parking requirements.
c.
Library. In all residential zone districts, the use shall abut an
arterial or collector street. Gift and coffee shops are permitted
in libraries as accessory uses.
d.
Schools. All uses under the educational facilities category in Table
405.050-1 shall have their principal vehicular entrance and exit on
a local street or adjacent street with the lowest volume of traffic.
e.
Shelter Facilities.
(1)
Physical Characteristics. All shelter facilities shall meet
the following requirements:
(a)
The facility shall comply with applicable State
and local housing, building and fire code requirements.
(b)
The facility shall have on-site security during
all hours when the shelter is open.
(c)
Facilities shall provide exterior lighting on pedestrian
pathways and parking lot areas on the property. Lighting shall reflect
away from residential areas and public streets.
(d)
Facilities shall provide secure areas for personal
property.
(e)
If the emergency shelter is proposed in conjunction
with a religious facility, the area utilized for emergency shelter
facilities may not exceed fifty percent (50%) of the total floor area
used for the religious facility.
(f)
Where a day-care facility or elementary or middle
school is operated on the same site as an emergency shelter, the day-care
and school facilities must be separated from the emergency shelter
facilities by means to prevent access from one (1) facility to the
other.
(3)
Limited Terms Of Stay. The maximum term of staying at an emergency
shelter is six (6) months in a consecutive twelve-month period.
(4)
Parking. The shelter facility shall provide on-site parking
at a rate of two (2) spaces per facility for staff plus one (1) space
per ten (10) occupants allowed at the maximum capacity. The Director
may reduce or waive this requirement where on-street parking is reasonably
available.
(5)
Shelter Facility Management. A management plan is required for
all shelters to address management experience, good neighbor issues,
transportation, client supervision, client services, and food services.
Such plan shall be submitted to and approved by the Board of Aldermen
department prior to operation of the shelter. The plan shall include
a floor plan that demonstrates compliance with the physical standards
of this Code. The operator of each shelter shall annually submit the
management plan to the Board of Aldermen department with updated information
for review and approval.
5.
Commercial Uses.
a.
Alternative Financial Establishments. In addition to requiring a
conditional use permit, an alternative financial establishment shall
comply with the following regulations:
(1)
A lot containing an alternative financial establishment shall
be located at least one thousand (1,000) feet from any lot containing
another alternative financial establishment, as measured in a straight
line between the nearest points of one (1) lot to the other lot.
(2)
A lot containing an alternative financial establishment shall
be located at least two hundred (200) feet from any lot zoned or used
for residential purposes, as measured in a straight line between the
nearest points of one (1) lot to the other lot.
b.
Bank Or Financial Institution.
(1)
Banks or financial institutions that are located within one
hundred (100) feet of a residential zoning district shall comply with
the following requirements:
(b)
The maximum gross floor area of the building shall
be four thousand (4,000) square feet.
(c)
If the bank is to include drive-through services, a maximum of two (2) drive-through windows lanes shall be permitted along with a non-drive-through escape lane. The drive-through area shall be designed pursuant to Section 405.110(F), vehicle stacking requirements, and shall be screened either by site perimeter landscaping or a landscape buffer, whichever is applicable pursuant to Section 405.120.
6.
Retail Commercial Services.
a.
Food Truck. In addition to meeting any licensing, operating and health
requirements established by the City and County, food trucks must
meet the following standards:
b.
Outdoor Seating/Sidewalk Cafe.
(1)
In downtown Warsaw, the area of occupancy must be abutting and
contiguous to the restaurant in which food preparation, sanitation
and related services for the sidewalk cafe will be performed. In other
locations the area of occupancy shall be within ten (10) feet of the
primary structure, accessible by a five-foot wide sidewalk, and located
at least ten (10) feet away from any parking or drive-through lanes.
(2)
A sidewalk cafe may not be enclosed by fixed walls, unless such
walls are necessary to comply with requirements to serve alcohol as
described below, and shall be open to the air, except that it may
have a canopy.
(3)
An applicant for a sidewalk cafe with a license to serve alcohol
shall require approval by the Director. The applicant shall submit
a request for a sidewalk cafe with alcohol service along with a dimensioned
sketch of the requested cafe area that meets the design standards
of this Section and incorporates a thirty-six-inch to forty-two-inch
ornamental metal perimeter fence with a minimum forty-four-inch opening
for ingress and egress. Fabric insert and chain-link fences are prohibited.
(4)
There shall be unimpeded sidewalk remaining for pedestrian flow
and sufficient to meet the requirements of the Americans with Disabilities
Act from the face of the curb to the area of temporary occupancy.
(5)
In downtown Warsaw, the sidewalk cafe shall be located a minimum
of five (5) feet from driveway and alleys, and ten (10) feet from
intersections. In all other locations, outdoor seating shall be located
at least ten (10) feet from all vehicular activity, including parking,
drive-through lanes, and driveways.
(6)
All curbs, alleys, sidewalks and public rights-of-way adjacent
to such occupation shall be kept in a clean and orderly condition.
(7)
Any sidewalk cafe located adjacent to a residential district
or use shall be screened by an opaque wall or fence that is six (6)
feet tall.
7.
Vehicles And Equipment.
a.
Car Wash. Service bays facing a public street or a residential zoning
district shall be screened to a height of at least eight (8) feet
as viewed from the facing public street or facing residential property
line.
b.
Gasoline Service Stations. Gasoline pumps, air and water service,
and other fixtures used by automobile service stations may be located
in the front yard but shall not be closer than twelve (12) feet to
the front lot line.
8.
Visitor Accommodation.
a.
Bed-And-Breakfast. A bed-and-breakfast inn must be licensed by the
City and have a food service license if appropriate. The following
standards are applicable to bed-and-breakfast inns:
(1)
The house shall maintain the exterior appearance of a residence
and shall blend into the neighborhood.
(2)
Signage size shall be that of a home occupation, shall not be
illuminated, and shall not exceed six (6) square feet in area. The
sign may be mounted on the building or freestanding and located at
least five (5) feet within the property line.
(3)
The house shall accommodate at least three (3) rooms with bathroom
facilities for customers plus a living area for the owner or manager.
The kitchen may be part of the living area for the owner or manager.
(4)
The house shall provide customer eating and lounging areas.
b.
Hotels.
(1)
Building Design.
(a)
Access to guest rooms shall be restricted exclusively
to interior corridors, which shall be accessed via the main lobby
of the building or entryways individually equipped with some form
of security controlled access system.
(b)
The hotel shall install and maintain, in proper
operating order, surveillance cameras in each interior hallway and
lobby/lounge area, in the parking lots and at each exterior door along
with lighting sufficient to support the camera's range of view but
fully shielded to prevent light spillover in other locations. The
cameras shall be placed so as to provide visibility to the front and
rear exteriors of the building. Monitors shall be provided for security
and other hotel personnel so that on-site activities may be viewed
at all times. Surveillance cameras shall be in operation twenty-four
(24) hours a day and records of images recorded shall be kept a minimum
of thirty (30) days.
(2)
Interior Design. The following shall be provided:
(a)
An open and unobstructed lobby area (excluding
the work area for hotel employees) which is designed as part of the
check-in/check-out area for guests. The lobby shall be a minimum size
of five (5) square feet per guest room. The size of the registration
counter shall be a minimum of ten (10) feet in length. Two (2) or
more kiosk registration areas may be provided in lieu of the registration
counter.
(b)
A lounge or waiting area with a minimum size of
five (5) square feet per guest room. Atriums or other open space areas
(excluding the lobby) may be counted as waiting area if seating is
provided.
9.
Manufacturing And Assembly. The manufacturing or assembly of products
shall not be allowed in the C-2 District except where such products
are exclusively sold at retail on the premises and where the space
occupied by such manufacturing or assembly is less than fifty percent
(50%) of the total floor area of the building in which it is contained.
10.
Waste And Salvage.
a.
Recycling Collection Facility, Small-Scale.
(1)
The area used for recycling activities shall be limited to five
hundred (500) square feet.
(2)
Recyclables may be deposited in refuse-type containers, storage
igloos, kiosks, or other containers.
(3)
No processing of the recyclables shall take place except for
the depositing of materials and the collection of materials for transport
to a different recycling center or other location for sorting and
processing.
(4)
No household hazardous waste shall be accepted at a recycling
center.
(5)
The proposed recycling center cannot remove the required parking
for the existing use.
(6)
The operator of the recycling center shall be responsible for
vermin control.
C.
Accessory Uses And Structures.
1.
Accessory Dwelling Unit.
a.
Purpose. The purposes of the proposed accessory dwelling unit regulations
are to:
(1)
Create new housing units while respecting the look and scale
of single-family dwelling development;
(2)
Allow more efficient use of existing housing stock, public infrastructure
and the embodied energy contained within existing structures;
(3)
Provide a mix of housing options that responds to changing family
needs and smaller households;
(4)
Offer a means for residents, particularly seniors, single parents,
and families with grown children, to remain in their homes and neighborhoods,
and obtain extra income, security, companionship and services; and
(5)
Promote a broader range of affordable housing.
b.
Permitted Accessory Use.
(1)
Accessory dwelling units may be incorporated within or added
onto an existing house, garage, or other accessory structure, or may
be built as a separate, detached structure on a lot where a single-family
dwelling exists.
(2)
Accessory dwelling units are subject to the applicable adopted
building code(s).
c.
Ownership.
(1)
Owner-Occupancy Required. Accessory dwelling units shall only
be permitted when the property owner lives on the property within
either the principal dwelling or accessory dwelling unit. Owner occupancy
shall not be required when:
(a)
The owner has a bona fide, temporary absence of
three (3) years or less for activities such as temporary job assignments,
sabbaticals, or voluntary service (indefinite periods of absence from
the dwelling shall not qualify for this exception); or
(b)
The owner is admitted to a hospital, nursing home,
assisted living facility or other similar facility.
(2)
Ownership/Number Of Residents. The accessory dwelling unit shall
not be sold separately or subdivided from the principal dwelling unit
or lot. The total number of residents that may reside in an accessory
dwelling unit may not exceed the number that is allowed for a family
as defined in this Code.
(3)
Deed Restriction. A lot approved for development with an accessory
dwelling unit must have a deed restriction filed with the County Recorder's
office indicating such owner-occupied requirement of the property
prior to issuance of a final certificate of occupancy for the accessory
dwelling unit by the County. Such deed restriction shall run with
the land until the use of the accessory dwelling unit as a residential
unit is abandoned and it is no longer used for residential dwelling
purposes.
d.
Dimensional Standards.
(1)
Accessory dwelling shall be subject to the same zone district
height limitations and setbacks as are applicable to the principal
dwelling on the property. An existing accessory structure whose height
or setback(s) does not meet the requirements for a dwelling in the
zone district may be converted into an accessory dwelling unit but
the structure may not be altered in any manner that would increase
the degree of noncompliance.
(2)
Accessory dwelling units shall not be considered a unit of density
and therefore are not included in the density calculation for a single-family
residential property.
(3)
Lot Standards.
(a)
The minimum lot size for a lot that has both a
primary dwelling unit and an accessory dwelling unit is four thousand
five hundred (4,500) square feet.
(b)
One (1) accessory dwelling unit is permitted per
residential lot. The accessory dwelling unit shall be located on the
same lot as the principal unit.
(4)
Unit Size.
(a)
The maximum size of an accessory dwelling unit
may be no more than fifty percent (50%) of the square foot of the
principal dwelling unit or six hundred fifty (650) square feet, whichever
is less.
(b)
The minimum size of an accessory dwelling unit
is two hundred twenty (220) square feet of living space, not including
bathrooms and closets.
e.
Prohibited Structures. Mobile homes, manufactured housing, industrialized
housing, recreational vehicles, travel trailers, and any other wheeled
or transportable structures shall not be used as accessory dwelling
units.
f.
Exterior Design. An accessory dwelling unit shall be designed to
maintain the architectural design, style, appearance, and character
of the main building. If an attached accessory dwelling unit extends
beyond the current footprint or existing height of the principal dwelling,
such an addition must be compatible with the existing facade, roof
pitch, siding materials and windows as approved by the Director.
D.
Temporary Uses And Structures.
1.
General Standards. The following uses are permitted subject to the
following requirements.
a.
Christmas tree sales in any business or industrial district for a
period not to exceed sixty (60) days. The display of Christmas trees
need not comply with yard requirements but shall comply with sight
triangle requirements.
b.
Contractor's office and equipment sheds accessory to a construction
project for a period not to exceed the duration of the project.
c.
Real estate offices accessory to a new housing development for a
period lasting until all dwelling units are sold or leased.
d.
Seasonal sales of farm produce grown on the premises in the RH-O
District. Structures incidental to such sale need not comply with
yard requirements during the season of operation but shall comply
with sight triangle requirements.
e.
Carnival and circuses in any business, industrial or open space district
for a period not to exceed three (3) weeks.
f.
Seasonal nonpermanent structures in commercial areas shall comply
with all yard setbacks and requirements of the district for a period
not to exceed ninety (90) days. All building structure materials which
could become unsightly and/or hazardous to the general public shall
be disassembled and removed at the end of the ninety (90) days. Extension
of the time period can be extended upon reapplication for use.
2.
Garage Sales.
a.
GARAGE SALES
GOODS
PERSON
Definitions. As used in this Subsection, the following terms shall
have these prescribed meanings:
All sales held on residential property entitled "garage sales,"
"lawn sale," "attic sale," "rummage sale" or "flea market sales" or
any similar casual sale of tangible personal property which is advertised
by any means whereby the public at large is or can be made aware of
the said sale.
Includes any goods, warehouse merchandise or other personal
property capable of being the object of a sale regulated hereunder.
Includes an individual person or any firm, association, company,
corporation or any other group of persons operating together or any
other legal entity or any other individuals residing in the same household.
b.
Permits And Fees. It shall be unlawful for any person to conduct
a garage sale in the City without first filing with the City Clerk
the information hereinafter specified and obtaining from such Clerk
a license so to do, to be known as a "garage sale license." The Clerk
shall provide said license at no fee.
c.
Application; Form. No permit for a rummage, garage or private auction
sale shall be issued unless the applicant shall upon his/her application
clearly show that the sale shall be conducted in an orderly fashion.
The application shall more particularly show that:
(1)
On-premises advertising for said sale shall be limited to one
(1) double- or single-faced nonilluminated sign not more than twelve
(12) square feet in size.
(2)
Only three (3) permits per year shall be issued per residence
or location and such permit shall be for a period not to exceed three
(3) consecutive days in duration.
(3)
Each permit issued shall be prominently displayed near the front
property line at the driveway entrance or if there is no driveway,
approximately at the center of the premises upon which the garage
sale is conducted throughout the entire period of the sale.
(4)
Off-premises signage shall not exceed six (6) in number and
shall have a seal provided by the City Clerk's office which shall
attest to the issuance of a garage sale permit.
(5)
All items requested on the application form shall be filled
out completely and accurately.
d.
Advertising And Cleanup. No advertising sign, placard or other billboard-type
advertisement advertising the garage sale shall be placed on any public
property. All persons who conduct garage sales shall, within twenty-four
(24) hours after the conclusion of the garage sale allotted time,
clean up all debris and remove all signage and other items and accessories
used in connection with said garage sale.
e.
Penalty For Violation. Any person, association or corporation conducting
any such sale without being properly licensed therefor or who shall
violate any of the other terms and regulations of this Subsection
shall, upon conviction, be fined not less than twenty-five dollars
($25.00) nor more than five hundred dollars ($500.00). Each day that
such sale shall continue without being duly licensed shall be considered
a separate violation.
E.
Telecommunication Towers.
1.
General Provisions.
a.
Purpose And Goals. The purpose of this Subsection is to establish
guidelines for the siting of wireless telecommunications facilities
which protect residential areas from potential adverse impacts; encourage
the location of towers in nonresidential areas; minimize the total
number of towers throughout the City; encourage the joint use of tower
sites; encourage users to locate in areas where the adverse impact
is minimal; encourage users to use configurations that minimize the
adverse visual impact through careful design, siting, landscape, screening,
and innovative camouflaging techniques; enhance the ability of providers
of telecommunications services to provide such services to the community
quickly, effectively and efficiently; and consider the public health
and safety of communications facilities.
b.
Measurements. The following methods of measurement shall apply to
the standards set out in this Subsection.
(1)
Lot Size. For the purpose of determining whether the installation
of a tower or antenna complies with development regulations, including
but not limited to setbacks, lot coverage, and similar requirements,
the dimensions of the entire lot shall control, even though the facility
may be located on a leased parcel within such lot.
(2)
Setbacks. All portions of a facility, including tower base,
guys, and anchor guys, shall, at a minimum, comply with all setbacks
for principal structures required in the respective zoning district
in which the facility is located, and shall satisfy any additional
setback and separation requirements set out in this Subsection.
(3)
Distances. Distances measured for the purpose of complying with
required separations from residential districts and between towers
may be measured from the center of the tower or tower base.
(4)
City Boundaries. For the purposes of measurement, tower setbacks
and separation distances shall be calculated and applied irrespective
of municipal or County boundaries.
c.
Required Compliance.
(1)
State And Federal Requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
State or Federal agency with authority to regulate. An applicant for
a building permit shall submit an affidavit confirming compliance
with applicable regulations.
(2)
Airport Hazard Zone. All towers erected in the Warsaw Municipal
Airport Hazard Zone shall be required to obtain a permit to construct
in the Airport Hazard Zone prior to submitting an application for
building permit.
(3)
Building Permit. Construction of all telecommunications facilities
requires application for and issuance of a building permit by the
City of Warsaw, including compliance with all applicable building
codes.
(4)
Inspections. The City of Warsaw reserves the right to make inspections
of any telecommunications facility within the corporate limits of
the City to ensure structural integrity. Based upon the results of
the inspection, the City may require repair or removal of the facility
at the owner's expense.
(5)
Certified Information. Information of an engineering nature
that the applicant submits, whether civil, mechanical, or electrical,
shall be certified by a licensed professional engineer.
d.
Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the City of Warsaw, if any,
have been obtained. Furthermore, the applicant shall certify that
all backhaul services are being obtained from companies with valid
franchises. Certifications may be made by affidavit or by submission
of copies of appropriate franchise documents.
e.
General Development Standards.
(1)
Signs. No signs shall be allowed on a telecommunications facility
except as may be required for compliance with State or Federal regulations.
(2)
Lighting. Telecommunications facilities shall not be artificially
lighted, unless required by the FAA or other applicable authority.
(3)
All access to the facility shall be paved in accordance with
parking lot standards.
(4)
Aesthetics. Telecommunications facilities shall meet the following
requirements:
(a)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
(b)
At the tower site, the design of buildings and
related structures shall, to the extent possible, use materials, colors,
textures, screening and landscaping that will blend them into the
natural setting and the surrounding buildings.
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
f.
Removal Of Abandoned Antennas And Towers. A telecommunications facility
shall be considered to be abandoned under the following circumstances:
If it is not operated for a continuous period of twelve (12) months;
and/or if a code violation exists which is not corrected within a
thirty-day period after notice by the City. The owner of such facilities
shall remove the same within ninety (90) days of receipt of notice
from the City of Warsaw notifying the owner of such abandonment. Failure
by the owner to remove an abandoned facility within said ninety (90)
days shall be grounds for removal by the City, and the owner shall
be responsible for all expenses associated with such removal. As compensation
for removal expenses, tower sections removed by the City shall become
the property of the City if payment of removal expenses is not made
by the owner within one hundred eighty (180) days of such removal.
g.
Nonconforming Uses.
(1)
Not Expansion. Towers that are constructed and antennas that
are installed in accordance with the provisions of this Code shall
not be deemed to constitute the expansion of a nonconforming structure.
(2)
Preexisting Towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance, including
replacement with a new tower of like construction and height, shall
be permitted on such preexisting towers.
(3)
Rebuilding Damaged Or Destroyed Nonconforming Towers Or Antennas.
Nonconforming telecommunications facilities that are damaged or destroyed
may be rebuilt, provided the type, height, and location of the tower
shall be the same as the original facility. Building permits to rebuild
the facility shall comply with current applicable building codes and
shall be obtained within one hundred eighty (180) days from the date
the facility is damaged or destroyed. If no permit is obtained within
such time or if said permit expires, the facility shall be deemed
abandoned.
2.
Accessory Telecommunication Facilities. The following situations
shall be classified as accessory telecommunication facility uses and
shall be permitted in all zoning districts in accordance with the
following conditions. All other telecommunications facilities shall
be classified as principal uses and shall be regulated by subsequent
Sections of this regulation.
a.
Amateur Radio Station Operators/Receive Only Antennas. Any tower,
or installation or antenna, which is operated by a Federally licensed
amateur radio station operator or is used exclusively for receive
only antennas shall be permitted in accordance with the standards
set out below in any zoning district when said facility is located
on a developed building site as an accessory use.
b.
Permitted Towers/Antennas. An accessory tower or antenna shall be
permitted if the total height of the facility is seventy-five (75)
feet or less, and the structure is set back from any property line
a minimum of five (5) feet or one (1) foot for each foot in height
over thirty (30) feet, whichever is greater. No portion of any structure
or support (guys, anchors, points, etc.) shall extend into any required
front or exterior side yard. When the antenna is attached to the main
structure, an encroachment adequate to allow attachment to the roof
eaves shall be permitted into any side or rear yard.
c.
Special Exception For Oversized Antenna. The Board of Adjustment
may authorize the erection of a facility which exceeds seventy-five
(75) feet in height where it determines that the exception will allow
greater use and enjoyment of property without creating adverse impacts
on adjacent properties and that it will be compatible with the neighborhood.
d.
Roof And/Or Structure Mount Facility. An antenna mounted on a roof
or existing structure other than a tower shall be permitted, subject
to the following conditions, in any nonresidential zoning district
and on any permitted nonresidential use in a residential zoning district,
including attachment to electrical transmission towers. Antennas on
a rooftop or above the structure shall be constructed and/or colored
to match the structure to which they are attached and may not extend
more than twenty (20) feet above the highest point of the structure.
Antennas mounted on the side of a building or structure shall be painted
to match the color of the structure or the background against which
they are most commonly seen. Antennas incorporated into flagpole structures
shall be permitted as accessory flagpoles. If an accessory structure
is present, it must comply with all regulations regarding accessory
structures in the respective zoning district.
3.
Permitted Telecommunication Facilities. Telecommunications facilities
which are not classified as accessory under the provisions of Section
405.050(E)(2) shall be permitted in accordance with the following
conditions and requirements.
a.
Locational Requirements. Telecommunications facilities shall comply
with the following requirements regarding location. Facilities which
do not comply may be considered through a request for conditional
use permit. An applicant for a building permit shall be required to
submit an inventory of its existing tower locations in the City of
Warsaw and within one-fourth (1/4) mile of the City limits.
(1)
Nonresidential Districts And City Property. The telecommunications
facility shall be located either on a tract classified in a nonresidential
zoning district or in a planned development district designated solely
for nonresidential use; or a property owned by the City of Warsaw
or the Warsaw Central School District.
(2)
Separation From Residential Districts. The tower shall be required
to be separated from all residential districts as follows: by a minimum
of at least three (3) feet for each foot in height from any existing
single-family or duplex subdivision in a residential zoning district;
and a minimum of a least one (1) foot for each foot in height from
all other residential districts, including undeveloped districts zoned
for single-family or two-family use, and multifamily districts. For
the purpose of applying the above separation distances, "residential
district" shall exclude nonresidential uses which are permitted in
a residential district, such as schools, parks, churches, neighborhood
utilities, etc.
(4)
Separation Between Towers. The tower shall be separated from
other towers regulated by this Subsection a minimum distance as set
out in Table 405.050-2 below; provided, however, that when a tower
is designed to accommodate co-location [two (2) or more users], the
required separation distance may be reduced by thirty percent (30%).
|
Table 405.050-2
| |||
|---|---|---|---|
|
Separation Between Telecommunication Towers
| |||
|
Existing Tower
| |||
|
Proposed Tower
(feet in height)
|
More than 125 feet in height
(feet)
|
76 to 125 feet in height
(feet)
|
Less than 75 feet in height
(feet)
|
|
More than 125
|
1,500
|
1,250
|
1,000
|
|
76 to 125
|
1,250
|
1,000
|
750
|
|
Less than 75
|
1,000
|
750
|
500
|
b.
Site Development Standards.
(1)
Setbacks. Except in the case of towers adjoining residential
districts where greater setbacks are required, towers shall be required
to be set back from the respective property lines the same minimum
distance required for principal structures on the site.
(2)
Screening, Buffering, And Security. Telecommunications facilities
shall be required to provide a secured site which is visually screened
and buffered from residential districts and from general public view
in accordance with the following guidelines.
(a)
Facilities with minimal visual impact to general
public view shall not require special screening or buffering, but
shall require security fencing adequate to prohibit general access
to the equipment, tower or other parts of a facility, generally a
fence at least six (6) feet in height. Facilities with minimal visual
impact to the general public shall include the following: where the
site is located on a nonarterial street in an industrial or business
area; where the site is shielded from the general view on a public
street or on a private area which is generally open to the public,
such as a retail parking lot, by existing buildings, vegetation, or
topography. No site immediately adjoining a residential district shall
be considered to have minimal visual impact. A determination by the
Director regarding impact on general public view may be appealed to
the Planning and Zoning Commission.
(b)
All other facilities, i.e., those not classified
as having minimal visual impact to the general public view shall provide
screening, buffering and security by one (1) of the following means:
i.
A solid masonry screening wall, at least six (6)
feet in height, enclosing the facility on all sides which are open
to public view or residential areas; or
ii.
A security fence, at least six (6) feet in height,
enclosing the facility on all sides open to public view or residential
areas, with a ten-foot landscape buffer strip established surrounding
the fencing. The landscape strip shall be planted with shrubs, a minimum
five-gallon size, approximately three (3) feet in height at planting,
planted on three-foot centers and allowed to grow together to create
a continuous, opaque screen. The landscape strip shall be irrigated
by an automatic underground irrigation system. Landscaping shall be
maintained in a healthy, growing manner at all times to assure effective
screening. When necessary, landscape materials shall be replaced in
a timely manner.
(3)
Accessory Structures. A single-story unmanned accessory building
of no more than three hundred (300) square feet is permitted to store
equipment needed to send and to receive transmissions, but may not
include offices or long-term storage of vehicles. Buildings or equipment
cabinets shall be of a neutral color that is identical to or closely
compatible with the color of the supporting or surrounding structures
or setting so as to make the structure as visually unobtrusive as
possible. The accessory structure must be within the secured area
and within the area for which landscaping and buffering is provided,
when required.
4.
Other Telecommunications Facilities; Conditional Use Permit Required.
Any telecommunications facility that does not meet the conditions
and requirements of Section 405.050(E)(2) or (3) may be requested
and approved in any zoning district as a conditional use permit use
subject to the following requirements and considerations.
a.
General Provisions. The following provisions shall govern the approval
of conditional use permits for telecommunications facilities.
b.
Conditions Of Approval. In granting approval of a conditional use
permit, the Board may impose additional stipulations and conditions
to the extent that the Board concludes that such conditions are necessary
to minimize any adverse effect of the proposed tower on adjoining
properties.
F.
Nonconformities.
1.
NONCONFORMING LOT OF RECORD
NONCONFORMING STRUCTURE
NONCONFORMING USE
Definitions. Nonconformities are of three (3) types: nonconforming
lots of record, nonconforming structures and nonconforming uses. A
definition of each type is as follows:
An unimproved lot which is part of a recorded subdivision
or a parcel of land, the deed to which was recorded prior to the adoption
of these regulations and neither the lot nor parcel complies with
the lot width or area requirements for any permitted use in the district
in which it is located.
An existing structure which does not comply with the height
or yard requirements which are applicable to new structures in the
zoning district in which it is located.
An existing use of a structure or of land which does not
comply with the use regulations applicable to new uses in the zoning
district in which it is located.
2.
Nonconforming Lots Of Record. The Director shall issue a building
permit for any nonconforming lot of record, provided that:
a.
The lot is shown by recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot of such size and width at such location would not
have been prohibited by any zoning regulations; and
b.
The lot has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by the applicable zoning regulations;
and
c.
The lot can meet all yard regulations for the district in which it
is located.
3.
Nonconforming Structures.
a.
Authority To Continue. Any structure which is devoted to a use which
is permitted in the zoning district in which it is located, but which
is located on a lot which does not comply with the applicable intensity
of use regulations and/or the applicable yard and height regulations,
may be continued so long as it remains otherwise lawful.
b.
Enlargement; Repair; Alteration. Any nonconforming structure may
be enlarged, maintained, repaired or remodeled; provided, however,
that no such enlargement, maintenance, repair or remodeling shall
either create any additional nonconformity or increase the degree
of existing nonconformity of any part of such structure.
c.
Damage Or Destruction. In the event that any nonconforming structure
is damaged or destroyed by any means to the extent of more than sixty
percent (60%) of its appraised value, such structure shall not be
restored unless it shall thereafter conform to the regulations for
the zoning district in which it is located. When a structure is damaged
to the extent of sixty percent (60%) or less, no repairs or restoration
shall be made unless a building permit is obtained and restoration
is actually begun within one (1) year after the date of such partial
destruction and is diligently pursued to completion.
d.
Moving. No nonconforming structure shall be moved in whole or in
part for any distance whatever to any other location on the same or
any other lot unless the entire structure shall thereafter conform
to the regulations of the zoning district in which it is located after
being moved.
4.
Nonconforming Uses.
a.
Authority To Continue. Any lawfully existing nonconforming use of
part or all of a structure or any lawfully existing nonconforming
use of land, not involving a structure or only involving a structure
which is accessory to such use of land, may be continued so long as
otherwise lawful.
b.
Ordinary Repair And Maintenance. Normal maintenance and incidental
repair or replacement, installation or relocation of nonbearing walls,
nonbearing partitions, fixtures, wiring or plumbing may be performed
on any structure that is devoted in whole or in part to a nonconforming
use. Nothing in these regulations shall be deemed to prevent the strengthening
or restoring to a safe condition of a structure in accordance with
an order of a public official who is charged with protecting the public
safety and who declares such structure to be unsafe and orders its
restoration to a safe condition.
c.
Extension. A nonconforming use shall not be extended, expanded, enlarged
or increased in intensity.
d.
Damage Or Destruction. In the event that any structure that is devoted
in whole or in part to a nonconforming use is damaged or destroyed
by any means to the extent of more than seventy-five percent (75%)
of its appraised value, such structure shall not be restored unless
such structure and the use thereof shall thereafter conform to all
regulations of the zoning district in which it is located. When such
damaged or destruction is seventy-five percent (75%) or less, no repairs
or restoration shall be made unless a building permit is obtained
and restoration is actually begun within one (1) year after the date
of such partial destruction and is diligently pursued to completion.
e.
Moving. No structure that is devoted in whole or in part to a nonconforming
use and nonconforming use of land shall be moved in whole or in part
for any distance whatever to any other location on the same or any
other lot unless the entire structure and the use thereof or the use
of land shall thereafter conform to the regulations of the zoning
district in which it is located after being so moved.
f.
Change In Use. If no structural alterations are made, any nonconforming
use of a structure, or structure and premises, may be changed to another
nonconforming use, provided that the Board of Aldermen, either by
general rule or by making findings in the specific case, shall find
that the proposed use is equally appropriate or more appropriate to
the district than the existing nonconforming use.
g.
Abandonment Or Discontinuance. When a nonconforming use is discontinued
or abandoned for a period of six (6) months, such use shall not thereafter
be reestablished or resumed, and any subsequent use or occupancy of
such land shall comply with the regulations of the zoning district
in which such land is located.
h.
Nonconforming Accessory Uses. No use which is accessory to a principal
nonconforming use shall continue after such principal use shall cease
or terminate.
i.
Nonconforming Residential Uses. Notwithstanding the provisions of
Section 405.050(F)(4)(c), any structure which is devoted to a residential
use may be remodeled, extended, expanded and enlarged, provided that
after any such remodeling, expansion or enlargement, such structure
shall not be used to accommodate a greater number of dwelling or lodging
units than such structure accommodated prior to any such work.
[Ord. No. 211 § 2, 12-21-2015]
A.
Purpose And General Provisions. The development and design standards set forth in Sections 405.070 through 405.120 shall apply to the physical layout and design of development in Warsaw. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, in order to implement the Comprehensive Plan vision for a more attractive, efficient and livable community. The specific purposes of these Sections include:
1.
To implement the Warsaw Comprehensive Plan through the creation and
application of development standards that reflect Warsaw's community
character and development choices;
2.
To encourage the proper use of the land by promoting an appropriate
balance between the built environment and the preservation and protection
of open space and natural resources;
3.
To protect public and private investment through preservation of
open spaces, protection of natural resources, including existing trees,
providing buffers between incompatible uses and along roadways, and
encouraging the planting of new trees and vegetation as deemed appropriate;
4.
To promote sound management of water quality and quantity through
preservation of natural areas and their functions and by encouraging
soil management and the use of native plant materials;
5.
To provide appropriate standards to ensure a high-quality appearance
for Warsaw and promote good design while also allowing flexibility,
individuality, creativity and artistic expression;
6.
To strengthen and protect the image, identity and unique character
of Warsaw and thereby enhance its business economy;
7.
To protect and enhance residential neighborhoods, downtown Warsaw,
commercial districts and other areas by encouraging physical development
that is of high quality and is compatible with the character, scale
and function of its surrounding area;
8.
To encourage developments that relate to adjoining public streets,
open spaces and neighborhoods with building orientation and physical
connections that contribute to the surrounding network of streets
and walkways; and
9.
To provide road connectivity for the movement of people, goods and
services.
B.
Applicability. The development standards in Sections 405.070 through 405.120 are fully applicable to new development. In order to promote redevelopment and balance the costs of development in compliance with these standards on an existing structure against the benefits to the community of bringing all development into compliance with community development standards, the development standards are applicable to redevelopment on a sliding scale based on the amount of redevelopment taking place on the site as described in Table 405.060-1, Applicability of Development Standards, and more completely described below:
|
Table 405.060-1
Applicability of Development Standards
| ||||
|---|---|---|---|---|
|
Percent Compliance with Development Standards
| ||||
|
Multifamily
|
Commercial
|
Mixed-Use
|
Industrial
| |
|
New development
| ||||
|
New development
|
100%
|
100%
|
100%
|
100%
|
|
Existing development
| ||||
|
External additions by assessed valuation1
| ||||
|
Less than 10%
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Between 10% and 75%
|
Per Section 405.060(B)(2)(a)(2), below
| |||
|
Greater than 75%
|
100%
|
100%
|
100%
|
100%
|
|
Interior changes
|
n/a
|
Off-street parking standards apply
| ||
|
Nonconformities [Section 405.050(F)]
| ||||
|
Nonconforming lots
|
Applicable to structures only, not lots
| |||
|
Nonconforming uses
|
Nonconforming uses are not permitted to be altered
| |||
|
Nonconforming structures
| ||||
|
Enlargement, alteration, movement
|
100%
|
100%
|
100%
|
100%
|
|
Damage or destruction
|
100%
|
100%
|
100%
|
100%
|
|
NOTES:
| |
|
1
|
If there is more than one (1) structure on a lot, this is based
on the individual structure subject to the addition, not the total
for the lot.
|
1.
New development. The development standards in this
Section shall apply to all new development except single-family and
two-family residential unless otherwise specified in the Section.
2.
Existing development.
a.
External additions. The development standards in
this Section shall apply to all external additions as follows:
(1)
External additions that increase the assessed valuation of the
existing structure by less than ten percent (10%), as determined by
the most recent county assessed value, shall not be required to comply
with these development standards.
(2)
External additions that increase the assessed valuation of the
existing structure by more than ten percent (10%) but less than seventy-five
percent (75%), as determined by the most recent county assessed value,
shall require a corresponding percent increase in compliance with
these development standards or until the site reaches compliance,
whichever is less. For standards without specifically measurable requirements,
the Director shall determination what compliance is required. The
Director's determination may be appealed to the Planning and Zoning
Commission.
(3)
External additions that increase the assessed valuation of an
existing structure by seventy-five percent (75%) or greater, as determined
by the most recent county assessed value, shall be required to fully
comply with these standards.
b.
Interior changes. Where development changes are wholly internal to the existing structure, only the off-street parking requirements included in Section 405.110 are applicable. This requirement may be waived by the Director where the applicant can show that there is sufficient existing parking to service the interior changes.
c.
Ten-year time frame. Any application by property
owners to expand structures shall remain on record for ten (10) years
from the date of said work completion. Any subsequent application
to expand structures shall be cumulative to any requests made within
the previous ten (10) years. The total shall be used by the City to
determine the property owner's necessary level of compliance.
[Ord. No. 211 § 2, 12-21-2015]
A.
Purpose. The City contains many natural amenities,
including stream corridors, river corridors, natural drainages, significant
viewsheds and hillsides, as well as tree cover, and open space, all
of which contribute to the City's character, quality of life and property
values. The regulations of this Section are intended to implement
the Warsaw Comprehensive Plan and ensure that the natural character
of the City is reflected in patterns of development and redevelopment,
and significant natural features are protected and incorporated into
open space areas.
B.
Applicability. These development standards apply
to all development types across the City that are located outside
of the City's downtown waterfront.
C.
Steep Slope And Ridgeline Development.
1.
Purpose. The purpose of this Subsection is to:
a.
Prevent soil erosion and landslides;
b.
Protect the public by preventing or regulating development in hazardous
areas, such as locations with steep slopes;
c.
Provide safe circulation of vehicular and pedestrian traffic to and
within hillside areas and provide access for emergency vehicles necessary
to serve the hillside areas;
d.
Encourage only minimal grading that relates to the natural contour
of the land;
e.
Preserve the most visually significant slope banks and ridgelines
in their natural State;
f.
Preserve visually significant rock outcroppings, native plant materials,
natural hydrology and other areas of visual significance;
g.
Encourage variety in building types, grading techniques, lot sizes,
site design, density, arrangement and spacing of buildings in developments;
h.
Encourage innovative architectural, landscaping, circulation and
site design;
i.
Discourage mass grading of large pads and excessive terracing; and
j.
Require revegetation and reclamation of slopes disturbed during development.
2.
Applicability. This Subsection shall apply to any
development or subdivision proposal or lot created after the effective
date of this Code for properties with an average slope of fifteen
percent (15%) or greater, or where adverse conditions associated with
slope stability, erosion or sedimentation are present as determined
by the City Engineer. Determinations of adverse conditions shall be
identified by the City Engineer within ten (10) days of applicable
application filing.
3.
Development on slopes greater than twenty percent (20%). Site areas with slopes greater than twenty percent (20%) shall
remain undisturbed except as follows:
a.
This requirement shall not apply to small, isolated steep slope areas
within a site that do not exceed two thousand five hundred (2,500)
square feet.
b.
Slope areas of twenty percent (20%) or greater shall count toward
minimum lot size.
c.
Development is permitted outside of the slope area of twenty percent
(20%) if the Director determines that there is sufficient buildable
area on the lot for the proposed structure or where buildable area
can be made available through the minor modification process.
4.
Development on slopes between fifteen percent (15%) and twenty
percent (20%). The following standards apply to all proposed
development on sites where the average slope of the site measures
between fifteen percent (15%) and twenty percent (20%).
a.
Site design.
(1)
Roads and building sites shall be oriented to minimize grading.
(2)
Buildings shall be oriented to consider views from the site
as well as the aesthetic impact of views of the site from surrounding
properties.
(3)
Hilltops, if graded, should be rounded to blend with natural
slopes rather than leveled.
(4)
Slopes providing a transition from graded areas into natural
areas should be varied in percent grade both up-slope and across the
slope, in the undulating pattern of surrounding natural slopes so
that the top or the toe (or both) of the cut or fill slope will vary
from a straight line in plan view.
(5)
Parking areas should be constructed on multiple levels and follow
natural contours as necessary to minimize cut and fill.
(6)
Roads should follow natural topography to the extent feasible,
to minimize cut and fill. Necessary grading should be constant half-cut
and half-fill along the length of the road (versus all cut or all
fill at points) unless other arrangements would result in less severe
alteration of natural terrain.
(7)
Typical design should utilize full split pads (separate level
for a down-slope lower story), a split foundation (adapting a single
story to a slope), setting the building into a cut in the hillside,
or a combination of techniques. Repetitive padding or terracing of
a series of lots (stair-stepping up a slope) is discouraged. Creation
of a single large pad or terrace (especially creating a single pad
or terrace of an entire lot) should be an exception to typical design
to deal with circumstances that cannot be managed with other techniques.
b.
Natural drainage patterns. Site design shall not
change natural drainage patterns, except as provided below:
(1)
All final grading and drainage shall comply with applicable
City and State requirements.
(2)
To the maximum extent feasible, development shall preserve the
natural surface drainage pattern unique to each site as a result of
topography and vegetation. Grading shall be designed to ensure that
drainage flows away from all structures, especially structures that
are cut into hillsides. Natural drainage patterns may be modified
on site only if the applicant shows that there will be no significant
adverse environmental impacts on site or on adjacent properties. If
natural drainage patterns are modified, appropriate stabilization
techniques shall be employed.
(3)
Development shall be designed to mitigate all negative or adverse
drainage impacts on adjacent and surrounding sites.
(4)
Standard erosion control methods shall be used during construction
to protect water quality, control drainage and reduce soil erosion.
Sediment traps, small dams, barriers of straw bales or other methods
acceptable to the City shall be located wherever there are grade changes
to slow the velocity of runoff.
5.
Winter erosion blanket. If a disturbed slope is
not stabilized by October 15, then the developer/builder shall install
an erosion blanket (or some equivalent) when finished working to protect
the site during the winter season.
6.
Utilities on slopes.
a.
Utility easements are not permitted to follow slope lines and may
only cross slope lines at ninety-degree angles.
b.
Where buried utilities are placed on side slopes and where the utility
corridor runs transverse to the side slope, the side slope portion
of the corridor shall be no more than ten percent (10%).
7.
Cutting, grading and filling.
a.
Cutting and grading to create benches or pads for buildings or structures
shall be avoided to the maximum extent feasible.
b.
Except for driveways, cut and fill slopes shall be entirely contained
within a lot (i.e., natural grade at the lot lines shall be maintained).
c.
Sharp angles shall be rounded off in a natural manner at the top
and ends of cut and fill slopes [within approximately five (5) feet
of the sharp angle] unless steep angles are a natural character of
the site. Where this would damage tree root systems, the amount of
rounding off may be reduced and shrubs used instead to hide the transition.
8.
Raising or lowering of natural grade. The original,
natural grade of a lot shall not be raised or lowered more than four
(4) feet at any point for construction of any structure or improvement,
except:
a.
The site's original grade may be raised or lowered a maximum of six
(6) feet if retaining walls are used to reduce the steepness of man-made
slopes, provided that the retaining walls comply with the requirements
set forth in this Subsection.
b.
As necessary to construct a driveway from the street to a garage
or parking area, grade changes or retaining walls up to six (6) feet
may be allowed.
c.
For the purposes of this Subsection, basements and buildings set
into a slope are not considered to lower the natural grade within
their footprint.
9.
Vehicular routes. The following regulations apply
to vehicular routes on slopes of fifteen percent (15%) or greater.
a.
No street, road, private access road, driveway or other vehicular
route shall cross slopes greater than fifty percent (50%).
b.
Streets, roads, private access roads, driveways and other vehicular
routes shall not be allowed to cross slopes between thirty percent
(30%) and fifty percent (50%), except that a short run of no more
than one hundred (100) feet or ten percent (10%) of the road/street's
entire length, whichever is less, may be allowed by the Director upon
finding that:
c.
Streets, roads, private access roads and other vehicular routes shall,
to the maximum extent feasible, follow natural contour lines.
d.
Grading for streets, roads, private access roads and other vehicular
routes shall be limited to the paved portion of the right-of-way,
plus up to an additional ten (10) feet on either side of the paved
portion as needed, except that when developing access on slopes in
excess of twenty-five percent (25%) only the paved right-of-way shall
be graded, plus the minimum area required for any necessary curb,
gutter or sidewalk improvements. The remainder of the access right-of-way
shall be left undisturbed to the maximum extent feasible.
10.
Trails. Public trails are permitted on all slopes.
Private trails may be allowed if the Director determines that there
will be no significant adverse impacts, such as increased erosion
potential.
D.
Erosion Prevention And Sediment Control.
1.
Standards. All new development shall be subject
to the following erosion prevention and sediment control standards:
a.
Compliance with applicable City and State requirements.
b.
Water shall be carried off the site without damage to downhill public
or private properties and/or improvements.
c.
Water shall be directed away from buildings and other heavily used
areas.
d.
Post-development discharge of stormwater shall not exceed predevelopment
discharge for a one-hundred-year storm event.
e.
Unnecessary ponding not intended for detention or retention purposes
should be avoided.
f.
Erosion control measures as necessary to control erosion and sedimentation
during site development and construction shall be implemented. These
may include, but are not limited to, the placement of hay bales and
siltation fences.
2.
Grading plan; revegetation of disturbed sites. A
grading plan, submitted pursuant to Section 405.030(N), Grading Permit,
and demonstrating compliance with the above standards is required.
The grading plan shall include a section outlining the type and extent
of revegetation proposed to accomplish the following requirements:
a.
Following construction, the site shall be reclaimed and revegetated following the standards of Section 405.120, Landscaping and Screening.
b.
In areas of subdivisions and development sites where landscaping is not required or not anticipated by the Director, the developer shall reclaim all disturbed property and replant the entire area with native vegetation as described in Section 405.120, Landscaping and Screening.
c.
Topsoil shall be stockpiled and placed on disturbed areas.
d.
Irrigation shall be provided to the revegetated areas if the Director
determines that it is necessary to ensure survival of native species
planted.
E.
Stormwater Management; Redevelopment Of Existing Lot Or Parcel. All redevelopment shall conform to the following stormwater management
requirements:
1.
Redevelopment of the site shall not have adverse effects on the City
stormwater drainage system.
2.
As determined by the City Engineer, redevelopment of the site shall
not have detrimental effects on any applicable City-approved drainage
basin area.
3.
Stormwater management shall be designed to meet current KC APWA standards
as adopted by the City of Warsaw.
[Ord. No. 211 § 2, 12-21-2015]
A.
Purpose. These standards attempt to avoid the creation
of large, isolated tracts without routes for through traffic or pedestrian
and bicycle connections. The purpose of this Section is to:
1.
Support the creation of a highly connected transportation system
within Warsaw in order to provide choices for drivers, bicyclists
and pedestrians;
2.
Increase effectiveness of local service delivery; promote walking
and bicycling; connect neighborhoods to each other and to local destinations,
such as employment, schools, parks and shopping centers;
3.
Reduce vehicle miles of travel and travel times, improve air quality,
reduce emergency response times; and
4.
Mitigate the traffic impacts of new development and free up arterial
capacity to better serve regional long-distance travel needs.
B.
Traffic Impact Mitigation.
1.
Applicability of traffic impact analysis requirement. The transportation system for new development shall be capable
of supporting the proposed development in addition to the existing
and future uses in the area. Evaluation of system capacity shall be
undertaken through a Traffic Impact Analysis (TIA) that should consider
the following factors without limitation: street capacity and level
of service; vehicle access and loading; on-street parking impacts;
the availability of transit service and connections to transit; impacts
on adjacent neighborhoods; and traffic safety, including pedestrian
safety. A TIA shall be required with applications for development
review and approval when:
a.
Trip generation during any peak hour is expected to exceed two hundred
fifty (250) trips per day or more than one hundred (100) trips during
any one-hour peak period, based on traffic generation estimates of
the Institute of Transportation Engineers' Trip Generation Manual
(or any successor publication); or
b.
A TIA is required by the Planning and Zoning Commission or Board
of Aldermen as a condition of any land use application approved pursuant
to the requirements of this Code; or
c.
The Director, in his or her sole discretion, requires a TIA for:
(1)
Any project that proposes access to a street with Level of Service
D or below;
(2)
Any application for a rezoning or specific plan review;
(3)
Any case where the previous TIA for the property is more than
two (2) years old;
(4)
Any case where increased land use intensity will result in increased
traffic generation; or
(5)
Any case in which the Director determines that a TIA should
be required because of other traffic concerns that may be affected
by the proposed development.
2.
Traffic impact analysis and development review process.
a.
A scoping meeting between the developer and the Director shall be
required prior to the start of the TIA in order to determine the parameters
of the study. This may be conducted as part of a preapplication meeting.
The Director shall define the vicinity of the TIA study in as limited
a geographic area as is feasible to make adequate traffic determinations
for the project. Where a larger boundary is necessary to make adequate
traffic determinations, the City shall work with the applicant to
provide traffic information and perform such modeling as is necessary
to study the area outside of the project vicinity.
b.
The TIA shall be submitted with the applicable development application.
c.
When access points are not defined or a site plan is not available
at the time the TIA is prepared, additional studies may be required
when a site plan becomes available or the access points are defined.
3.
Traffic mitigation measures.
a.
The applicant shall, as part of the TIA, recommend measures to minimize
and mitigate the anticipated impacts and determine the adequacy of
the development's planned access points. Mitigation measures shall
be acceptable to the Director and may include, without limitation:
an access management plan; transportation demand management measures;
street improvements on or off the site; placement of proportionate
pedestrian, bicycle or transit facilities on or off the site; or other
capital improvement projects, such as traffic calming infrastructure
or capacity improvements.
b.
Following City approval of the TIA, the developer and the City shall
enter into an agreement specifying the implementation program and
time frame for the required traffic improvements and identifying mitigation
requirements where the project construction time frame varies from
the anticipated traffic improvement time frame.
C.
Streets And Vehicular Circulation.
1.
Street standards. All streets shall meet the standards of Section 405.140, Subdivision Design Standards, and shall be consistent with the transportation element of the Warsaw Comprehensive Plan.
2.
Street connectivity.
a.
Purpose. Street and block patterns should include
a clear hierarchy of well-connected streets that distributes traffic
over multiple streets and avoids traffic congestion on principal routes.
Within each development, the access and circulation system should
accommodate the safe, efficient and convenient movement of vehicles,
bicycles and pedestrians through the development and provide ample
opportunities for linking adjacent neighborhoods, properties and land
uses. Local neighborhood street systems are intended to provide multiple
direct connections to and between local destinations, such as parks,
schools and shopping. These connections should knit separate developments
together rather than forming barriers between them.
b.
Fig. 405.080-A: Oblong median
Residential streets.
(1)
Residential streets shall be laid out so that use by through
traffic will be discouraged. Traffic-calming techniques, such as diverters,
neck-downs, street gardens and curvilinear alignments, are encouraged
to reduce speeds and cut-through traffic.
Fig. 405.080-A: Oblong median
(2)
Should topography or
other constraints require the use of straight streets that extend
more than six hundred (600) feet without being punctuated by cross
streets, an oblong median, traffic-calming device or similar feature
shall be used to slow traffic and break-up the runway appearance.
(See Figure 405.080-A.)
(3)
To the maximum extent practicable, streets shall be arranged
to follow the natural contours of the site.
c.
Vehicular access to public streets and adjacent land.
(1)
All development shall provide public street connections to all
existing, proposed or preliminary platted adjacent public streets.
(2)
If there are no adjacent public streets, subdivisions and/or
site plans shall provide for connections along each boundary abutting
adjacent vacant land for future connections spaced at intervals not
to exceed one thousand (1,000) feet for arterials, or six hundred
sixty (660) feet for other street types, or as otherwise approved
by the Director.
(3)
When connections to surrounding streets are required, public right-of-way shall be dedicated and streets developed pursuant to Section 405.140 to existing paved rights-of-way. The City may also require temporary turnarounds to be constructed and paved for temporary culs-de-sac between development phases.
d.
Figure 405.080-B Pedestrian
Connection
Culs-de-sac and dead-end streets discouraged.
(1)
The design of street systems shall use through streets. Permanent
culs-de-sac and dead-end streets shall only be used when topography,
the presence of natural features, and/or vehicular safety factors
make a vehicular connection impractical.
(2)
All permanent dead-end streets shall be developed as culs-de-sac
and extend no further than six hundred sixty (660) feet.
(3)
All culs-de-sac shall conform to the requirements of the present
adopted International Fire Code.
(4)
Half streets (i.e., streets of less that the full right-of-way
and pavement width) shall not be permitted except where such streets,
when combined with a similar street (developed previously or simultaneously)
on property adjacent to the development, creates or comprises a street
that meets the right-of-way and pavement requirements.
Figure 405.080-B Pedestrian
Connection
(5)
Whenever cul-de-sac streets are created, at least one (1) eight-foot
wide pedestrian access easement shall be provided, to the maximum
extent practicable, between each cul-de-sac head or street turnaround
and the sidewalk system of the closest adjacent street or pedestrian
pathway. This requirement shall not apply where it would result in
damage to or intrusion into significant natural areas, such as stream
corridors, wetlands and steep slope areas. The pedestrian access easement
will be dedicated to the City and maintained as part of the sidewalk
system. (See Figure 405.080-B.)
D.
Fig. 504.080-F: Sight Triangle
Driveways And Access.
1.
Fig. 504.080-C: Use of joint
access driveways to minimize curb cuts
General.
a.
Every lot shall have access that is sufficient to afford a reasonable
means of ingress and egress for emergency vehicles, as well as for
those needing access to the property in its intended use.
b.
Private driveways and parking lots that provide access from residential
lots and districts to businesses in nonresidential districts shall
not be permitted.
c.
All driveway entrances and other openings onto streets shall be constructed
so that:
(1)
Vehicles may safely enter and exit from the lot in question;
(2)
Interference with the free and convenient flow of traffic in
abutting or surrounding streets is minimized; and
(3)
The driveway is not less than twenty (20) feet in length from
the face of the garage to the nearest street improvement.
d.
Each driveway shall be not more than thirty (30) feet in width, measured
at right angles to the center line of the driveway, except as that
distance may be increased by permissible curb return radii.
Fig. 504.080-C: Use of joint
access driveways to minimize curb cuts
e.
Joint driveways are desirable
whenever possible in order to minimize the number of access points
to streets and access easements. (See Figure 504.080-C.)
f.
One (1) curb cut is allowed for each legal lot. Curb cuts should
be spaced at intervals of one hundred fifty (150) feet along the street
frontage, unless the Director determines that a lesser amount is appropriate.
A second curb cut may be requested for residential lots with more
than two hundred (200) feet of frontage through Section 405.030(M),
Minor Modification.
g.
Unless no other practicable alternative is available, all driveways
and other openings shall be located a minimum of:
2. 
Fig. 405.080-D: Sidewalk
obstruction caused by driveway length
Residential. In addition to the above general requirements,
all residential development shall be subject to the following:
Fig. 405.080-D: Sidewalk
obstruction caused by driveway length
a.
Direct driveway access (ingress or egress) from any single-family
residential lots to any arterial street or highway shall be prohibited
on any lot platted after the effective date of this Code.
b.
In order to prevent sidewalk obstructions caused by parked cars,
garages shall be set back either three (3) feet from the right-of-way
line or a minimum of twenty (20) feet from the right-of-way line.
No garage may be setback a distance between three (3) feet and twenty
(20) feet from the right-of-way.
c.
Multifamily development sites greater than five (5) acres shall include
a minimum of two (2) through-access drives. An exception may be made
by the Director where a site is landlocked by existing development
or other physical constraints, or where existing natural features
on the site require the use of protective measures that would otherwise
make a second access drive infeasible.
3.
Nonresidential. In addition to the above general
requirements, all nonresidential development shall be subject to the
following unless otherwise provided for in the downtown Warsaw design
standards:
a.
All uses shall have access limited to the collector or arterial streets.
b. 
Fig. 504.080-E: Median-divided
access
All nonresidential buildings, structures and parking and loading
areas shall be physically separated from all nonarterial or collector
streets by vertical curbs and other suitable barriers and landscaping
to prevent unchanneled motor vehicle access. Each property shall not
have more than two (2) accessways to any one street unless unusual
circumstances demonstrate the need for additional access points. In
addition, each accessway shall comply with the following:
Fig. 504.080-E: Median-divided
access
(1)
To the maximum extent possible, unless prohibited by existing
site constraints, the width of any accessway leading to the arterial
street shall be median-divided to provide separation from incoming
and outgoing traffic. (See Figure 504.080-E.)
(2)
Curb returns shall have a minimum radius of thirty (30) feet.
(3)
On corner lots for nonresidential development, no part of any
accessway shall be nearer than one hundred (100) feet to the intersection
of any two (2) street rights-of-way.
Fig. 504.080-F: Sight Triangle
4.
Visibility at intersections. On all lots or parcels
of land on which a front setback is required, no obstruction that
will obscure the view of motor vehicle drivers shall be placed within
the triangular area formed by the adjoining street property lines
and a line connecting them at points of forty-five (45) feet from
the intersection of said street property lines. (See Figure 504.080-F.)
E.
Pedestrian Circulation.
1.
Sidewalks required. Sidewalks shall be installed
on both sides of all arterials, collector streets and local streets
(including loop streets and culs-de-sac) as identified within the
Warsaw Transportation Improvement Plan and within and along the frontage
of all new development or redevelopment. Sidewalk entries shall be
provided to all buildings and individual units that front on the sidewalk.
2.
On-site pedestrian connections.
a. 
Fig. 504.080-G: Example of
on-site pedestrian connections that link to off-site development
All commercial, multifamily, mixed-use, and attached residential
development shall provide a network of on-site, paved, pedestrian
walkways with a minimum width of five (5) feet to and between the
following areas (See Figure 504.080-G.):
Fig. 504.080-G: Example of
on-site pedestrian connections that link to off-site development
(1)
Entrances to each commercial, multifamily, mixed-use and/or
attached residential building on the site, including pad site buildings;
(2)
Public sidewalks, walkways or trails on adjacent properties
that extend to the boundaries shared with the subject development;
(3)
Public sidewalks along the perimeter streets adjacent to the
development;
(4)
Adjacent land uses and developments; and
(5)
Adjacent public park, greenway, trail or other public or civic
use.
b. 
Fig. 504.080-H: Change in
paving materials to distinguish pedestrian walkway
Internal pedestrian walkways shall be provided through parking areas
in excess of fifty (50) spaces, constructed of materials distinguishable
from the driving surface through the use of one (1) or more of the
following methods:
Fig. 504.080-H: Change in
paving materials to distinguish pedestrian walkway
[Ord. No. 211 § 2, 12-21-2015]
A.
Purpose. The commercial and mixed-use design standards
are intended to protect and preserve the quality and character of
the built environment in the City. More specifically, the purposes
of this Section are to:
1.
Encourage high-quality development as a strategy for investing in
the City's future;
2.
Emphasize Warsaw's unique community character while maintaining and
enhancing the quality of life for its citizens;
3.
Enhance the sense of place by shaping the appearance, aesthetic quality
and spatial form of structures and developments;
4.
Protect and enhance property values;
5.
Minimize negative impacts of development on the natural environment;
6.
Provide property owners, developers, architects, builders, business
owners and others with a clear and equitable set of parameters for
developing land;
7.
Encourage a pedestrian- and bicyclist-friendly environment;
8.
Ensure greater public safety, convenience, and accessibility through
the physical design and location of land use activities; and
9.
Promote both the sustainability of the structure and the overall
community.
B.
Generally Applicable Design Standards.
1.
Design intent. It is the intent of these regulations
to preserve and protect property values by creating an aesthetic quality
throughout the built environment of Warsaw. Warsaw's design character
is that of a vibrant, small-town lake resort, complementary to the
natural landscape and unbuilt environs.
2.
Site design requirements.
a.
The location of structures and access shall complement the existing
topography and views of the site. Excessive grading and/or the use
of engineer-designed retaining walls shall be minimized when an alternate
site layout would avoid such disturbances. Buildings on sloping lots
with a grade differential in excess of ten (10) feet shall be designed
with foundations that step with the existing (natural) grades.
b.
All disturbed areas shall be revegetated within fourteen (14) days of disturbance using recommended native plant species listed in Section 405.120. Where revegetation is not possible within fourteen (14) days, the applicant shall be required to provide a surety bond or enter into an agreement to complete the work as determined by the Director.
c.
Where development has been proposed on a site, construction activity
shall, at a minimum, avoid the following:
d.
Continuous, linear strip development shall be discouraged.
e.
Transformers, switchgear and related utility service equipment shall
not be located above ground in pedestrian access easements. Building
service panels are to be located on the inside of all buildings.
3.
Building orientation and entrances. Except as otherwise
specified in these design standards, the following regulations shall
apply.
a.
Individual buildings.
(1)
The front building facade shall be oriented toward a public
street and pedestrian walkways.
(2)
In cases where the long axis of a building is perpendicular
to the primary street, the portion of the structure facing the primary
street shall be configured with at least one (1) operable entrance
and one (1) or more transparent windows.
b.
Corner lots. Buildings on corner lots shall be oriented
to the corner and to the street fronts and should make a strong tie
to the building lines of each street unless the applicant can demonstrate
that to do so would be infeasible. Parking and curb cuts shall be
located away from corners.
c.
Multiple buildings.
(1)
Buildings within mixed-use and commercial developments shall
be organized to promote a compact pattern of development, pedestrian-friendly
spaces, streetscapes, areas of naturalized landscaping and screened
parking areas.
(2)
Fig. 405.090-A: Plan illustration
of structures framing streets, parking, and open areas
Buildings shall be arranged and grouped so that their primary
orientation complements one another and adjacent, existing development
by:
Fig. 405.090-A: Plan illustration
of structures framing streets, parking, and open areas
(a)
Framing the corner of an adjacent street intersection
or entry point to the development;
(b)
Framing and enclosing a pedestrian and/or vehicle
road or access corridor within or adjacent to the development site;
(c)
Framing and enclosing on at least three (3) sides
parking areas, public spaces or other site amenities;
(d)
Framing and enclosing outdoor dining or gathering
spaces for pedestrians between buildings; or
(e)
Framing one (1) or more areas of natural vegetation.
4.
Build-to-zone.
a.
Intent: to create a consistent and well-designed
building edge that contributes to the overall character of the site
and promotes a more pedestrian-oriented environment while allowing
for flexibility to accommodate amenities such as outdoor seating and
gathering spaces.
b. 
Fig. 405.090-B: Building
wall
Standards.
Fig. 405.090-B: Building
wall
(1)
Except as otherwise
specified in the Downtown Warsaw Design Standards, mixed-use and commercial
buildings shall build a minimum of seventy percent (70%) of the building
wall to the back of the sidewalk along primary street frontages. See
Figure 405.090-B.
(2)
Portions of the street frontage not occupied by the building
wall shall be occupied by community amenities, such as plazas or streetscape
or pedestrian walkways that provide access to rear parking.
5.
Building design.
a.
Four-sided design.
(1)
All sides of a building shall be architecturally finished with
equal levels of materials and detailing. Blank walls void of architectural
details or other variation are prohibited. Except as otherwise provided
in the Downtown Warsaw Design Standards, any wall that faces a street,
connecting pedestrian walkway, or residential use, and that exceeds
thirty (30) feet in length shall include a minimum of two (2) of the
following within each successive thirty-foot section or fraction thereof:
(a)
Change in wall plane, such as projections or recesses,
having a depth of at least three percent (3%) of the length of the
facade and extending at least twenty percent (20%) of the length of
the facade;
(b)
Change in texture or masonry pattern.
(c)
Windows.
(d)
Trellises with vines.
(e)
Covered walkways.
(f)
Structural canopies.
(g)
An equivalent element that subdivides the wall
into human scale proportions.
(2)
Ground floor facades that face public streets shall have arcades,
display windows, entry areas, awnings or other such features along
no less than sixty percent (60%) of their horizontal length.
(3)
Rear facades of buildings shall either be screened from view
of the public or be landscaped and incorporate architectural facade
elements resembling the elements in the front facade.
(4)
Corporate or franchise architecture is discouraged in favor
of architecturally compatible designs. The Director may require photographic
examples of the more minimized corporate architecture in the designs
and completed structure by the same company in other communities.
b.
Building materials and colors.
(1)
Except as otherwise specified for downtown Warsaw, all primary
exterior building materials shall be durable, economically maintained,
and of a high quality that will retain its appearance over time, including
but not limited to: brick; native or manufactured stone (Renaissance
stone or similar masonry materials); integrally colored, burnished,
textured, or glazed concrete masonry units; prefinished metal panel
systems; quality metals, such as copper; high-quality prestressed
concrete systems; tilt-up concrete panels with an architectural finish;
and drainable (water managed) EIFS. Exceptions to these material requirements
may be made by the Director for the M-1 and M-2 Districts.
(2)
The following exterior materials are prohibited: split shakes,
rough-sawn wood; painted concrete block; tilt-up concrete panels without
an architectural finish; field-painted or prefinished standard corrugated
metal siding; standard single- or double-tee concrete systems; or
barrier-type EIFS. The Director may permit the use of these materials
on up to ten percent (10%) of any facade as an accent material.
(3)
Metal is not permitted as a primary facade material. Architectural
aluminum or steel panels (designed to ensure absence of any "oil canning")
are permitted, but use of architectural aluminum or steel panels should
be limited to specific architectural elements or features. This Section
does not prohibit the use of metal siding designed to look like clapboard
siding.
(4)
Building materials, except glass, shall be of low reflectance
and finished in subtle, neutral or earth tone colors (brown, tan,
grey, green, blue, red in muted, flat colors) characteristic of the
soil types and vegetation found in Warsaw.
(5)
Building trim and accent areas may feature brighter colors,
but fluorescent colors and neon tubing accents are not permitted.
c.
Roofs. Roofs shall be designed and constructed as
follows:
(1)
Flat roofs shall include parapets concealing flat roofs and
rooftop equipment, such as HVAC units, from public view. Parapet roofs
should be of sufficient height to conceal HVAC units and other similar
roof-mounted apparatus from public view from adjacent street levels.
Parapet roofs shall have cornices or be stepped.
(2)
Sloping roofs shall have a vertical rise of not less than one
(1) foot for every three (3) feet of horizontal run and no more than
one (1) foot for every one (1) foot of horizontal run. Sloping roofs
shall have three (3) or more roof slope planes where a building exceeds
three thousand (3,000) square feet. Two (2) or more roof slope planes
shall be required for buildings of three thousand (3,000) square feet
or less.
C.
Highway Commercial And Big Box Design Standards.
1.
Applicability. The standards in this Subsection
apply to:
a.
All retail establishments with twenty-five thousand (25,000) square
feet of gross leasable area or more; and
b.
All formula or chain retail, restaurant, or personal service businesses
that have ten (10) or more substantially similar businesses in the
United States at the time of application. This Subsection does not
apply to gas stations, offices, hotels or banks.
2.
Site layout and design.
a.
Structures. In order to develop and maintain a strong
street edge, buildings for stand-alone projects or individual pad
developments associated with a larger commercial center shall be located
at the front of the site at the minimum setback line with the exception
of a single drive-through lane or additional landscaping.
b.
Pedestrian flow.
(1)
Sidewalks at least eight (8) feet in width shall be provided
along all sides of the lot that abut a public street.
(2)
Sidewalks at least eight (8) feet in width shall be provided
along the full length of the building across any facade featuring
a public entrance and along any facade abutting public parking areas.
These sidewalks shall be located at least ten (10) feet from the front
of the facade of the building to provide planting beds for foundation
landscaping, except where features such as arcades or entryways are
part of the facade.
(3)
In parking lots with one hundred (100) spaces or more, sidewalks
at least eight (8) feet in width shall be provided from all public
entrances to the perimeter of the side to permit for the safe movement
of pedestrians through the parking lot.
3.
Building facade.
a.
Small retail stores. Where large retail establishments
contain additional separately owned stores that occupy less than thirty
thousand (30,000) square feet of gross floor area, with separate,
exterior customer entrances, the street level facade of such stores
shall be transparent above the walkway grade for no less than fifty
percent (50%) of the horizontal length of the building facade of such
additional stores.
b.
Entrances. All sides of a large retail establishment
that directly face an abutting public street shall feature at least
one (1) customer entrance. Where a large retail establishment directly
faces more than two (2) abutting public streets, this requirement
shall apply only to two (2) sides of the building, including the side
of the building facing the primary street, and another side of the
building facing a second street. Each entrance shall be prominent,
visible from the street, connected by a walkway to the public sidewalk,
and include human-scale elements. Movie theaters are exempt from this
requirement.
c.
Service functions. Service functions like refuse
collection, incidental storage and similar functions shall be integrated
into the architecture of the building unless an alternate location
places these functions farther from adjacent residential uses.
4.
Off-street parking location.
a.
Outside of downtown Warsaw, no more than seventy percent (70%) of
the off-street parking for the entire store shall be located in front
of the building. Off-street parking shall be established in one (1)
or more of the locations listed below. The locations are listed in
priority order; the applicant shall select the highest feasible location
from this list and shall demonstrate why that application was selected
over other alternative locations.
(1)
Adjacent to off-street parking lots serving nonresidential uses
on abutting lots;
(2)
Adjacent to lot lines abutting nonresidential development;
(3)
Adjacent to lot lines abutting mixed-use development;
(4)
Behind the building;
(5)
In front of the building; or
(6)
Adjacent to lot lines abutting residential uses.
b.
In cases where an off-street parking lot serving a nonresidential
use is located on an abutting lot, connection between the two (2)
parking areas via a cross-accessway with a minimum width of twelve
(12) feet and a maximum width of twenty-four (24) feet is strongly
encouraged. A cross-access easement shall be recorded.
c.
The property shall not be advertised or marketed as available for
camping, long-term parking, or any use other than typical customer
parking for shopping patrons. Parking lots shall not be used for short-term
or long-term storage of motor homes, campers, trailers or recreational
vehicles.
d.
Except for the purpose of normal loading and unloading operations,
no trailers, semitrailers and trucks, truck-tractors, or outdoor containers
shall be stored on site.
5.
Relationship to surrounding uses.
a.
Multibuilding developments shall be configured to locate the tallest
and largest structures within the core of the site and provide a gradual
decrease in building height and mass towards adjacent residential
land uses.
b.
Horizontally integrated mixed-use developments shall locate nonresidential
uses away from lots in adjacent residential areas.
c.
Medium- to high-density housing shall be incorporated to the maximum
extent feasible, both within and around the development, to facilitate
connections between residential and nonresidential uses.
d.
Nonresidential structures taller or larger than adjacent residential
uses shall be broken up into modules or wings with the smaller or
shorter portions of the structure located adjacent to residential
uses.
Fig. 405.090-C: Downtown
Warsaw design area boundaries
D.
Fig. 405.090-G: Building
façade
Downtown Warsaw Design Standards. The Downtown Warsaw
Design Standards are applicable to property within the boundaries
identified in Figure 405.090-C.
1.
General design considerations. The following design
considerations are applicable to all historic buildings in downtown
Warsaw regardless of the style, age or location of the building.
a.
Context. The context of surrounding buildings should
be a top consideration when designing changes to the physical environment.
Changes to existing buildings should take into consideration the relationship
to neighboring buildings. All buildings should relate to surrounding
buildings in set back, size, shape, rhythm of window openings, regulating
lines of traditional building features, materials, color, and ornamentation.
b.
Style. Downtown Warsaw does not have one, single
architectural style. The majority of buildings are typical historic
commercial buildings constructed in the late 1800s and early 1900s,
commonly referred to as "early 20th Century commercial buildings."
However, there are several post World War II buildings that have replaced
original commercial buildings as well as some modern (post-1970) buildings,
particularly on the outer edges of the downtown boundaries. Rehabilitation
of all existing buildings should respect and relate to the historic
commercial buildings.
c.
Existing fabric. All existing historic building
materials and details should be retained. Care should be taken not
to obscure the facade or details on the facade by covering it with
metal, plastic, masonry or wood panels. Existing nonhistoric cover-up
materials should be removed when possible. The original size and shape
of masonry openings should be retained. Original openings should not
be altered by blocking in or downsizing windows or storefronts.
2.
Streetscape design and character.
a. 
Fig. 405.090-D: Building
Streetscape
Intent. A distinguishing feature in most historic
commercial districts is the consistent set back from the street and
sidewalk. The wall of commercial buildings along the sidewalk forms
a relationship with the street that is essential to the pedestrian
as opposed to automobile orientation of the business district. The
edge can be interrupted by unequal setbacks and/or the absence of
buildings (parking lots or vacant lots). These interruptions are often
a result of destination-oriented businesses and may be appropriate
for the outer edges of the downtown district. Interruptions in the
continuous wall of buildings can disrupt pedestrian flow. This condition
is currently illustrated toward the north and south ends of Main Street.
See Figure 405.090-D for the location streetscape elements.
Fig. 405.090-D: Building
Streetscape
b. 
Fig. 405.090-E: Consistent
façade
Design standards.
Fig. 405.090-E: Consistent
façade
(1)
All existing buildings shall maintain a consistent setback from
the street, flush with the facades of neighboring buildings. See Fig.
405.090-E.
(2)
Curb cuts shall not be allowed off of Main Street in the core
area of downtown between Polk Street and State Street.
(3)
Where disruptions in the continuous street wall of buildings
already exist, landscaping shall be used to recreate the edge to minimize
the disruption.
(4)
Demolition of existing buildings shall be permitted only when
either a professionally prepared cost-benefit analysis or structural
analysis finds that no other feasible alternative exists.
c.
Building size and shape. All commercial buildings
shall maintain the overall size, scale, height and horizontal or vertical
orientation of the original commercial buildings in the area which
is approximately either twenty (20) feet to twenty-five (25) feet
or forty (40) feet to fifty (50) feet wide and one (1) or two (2)
stories tall, except for corner buildings in the core area where buildings
are wider than fifty (50) feet; these buildings shall be composed
of at least two (2) twenty- to twenty-five-foot bays. Structural design
precedent shall be established by neighboring buildings.
d.
Design rhythm. The repetition of the storefront
bays and the location and size of the door and window openings creates
a pattern or rhythm along the street. The rhythm created by the traditional
historic commercial buildings shall be maintained on all buildings.
e.
Regulating lines.
(1)
Fig.
405.090-F: Regulating Lines
Intent. The majority of downtown buildings
relate to some or all of the regulating lines on adjacent buildings:
building height, cornice or building cap, upper level windows, distinction
between upper facade and storefront, transom and display windows and
bulkhead. Even when there are a variety of one- and two-story buildings
in the same block, there are typically predominant regulating lines.
See Figure 405.090-F for the location of regulating lines.
Fig.
405.090-F: Regulating Lines
(2)
Design standards. When regulating lines are
prevalent, as determined by the Director, the following guidelines
should be followed.
(a)
Building heights shall be emphasized by the horizontal
alignment of cornices or building caps. All building heights shall
relate to neighboring buildings in the block, as addressed in Subsection
(D)(2), above. Where a one-story building adjoins two-story buildings,
the one-story building shall relate to the height of other one-story
buildings in the block. Regulating lines are not always established
by immediately adjacent buildings and may be established by the block
as a whole.
(b)
The alignment of upper level windows along the
block shall be maintained to the maximum extent possible.
(c)
The clear distinction between the storefront and
upper facade shall be maintained to the maximum extent possible.
(d)
The alignment of storefront elements (transom window,
display windows, bulkhead) shall be maintained to the maximum extent
possible with neighboring buildings.
f.
Building materials.
(1)
Intent.
(a)
Building materials are an important consideration
in how buildings relate to each other and their surroundings. Materials
can be indicative of architectural styles and often establish the
basic color scheme on a building facade. Historic commercial buildings
in downtown Warsaw are predominately red or blond brick; a few pressed
metal upper facades and wood (Trader's Alley) are original to the
area as well. Most buildings have a decorative, corbeled brick or
applied pressed metal cornice. The majority of brick buildings have
brick or limestone window lintels and sills. Upper floor windows in
two-story buildings were typically double-hung windows with wood frames;
some have been replaced with aluminum frames and single, fixed panes.
(b)
Most storefronts were originally wood, some with
cast-iron columns and brick or limestone piers. Most buildings have
a steel I-beam spanning the storefront bay that serves as the lower
cornice (many have decorative rosettes). Alterations over the years
have included the installation of aluminum, brick, stone and wood
siding on several storefronts; in many instances, these materials
altered the proportions and regulating lines of the original storefront.
The bulkheads or base of the storefronts were originally brick or
wood.
(2)
Design standards.
(a)
All existing historic building materials shall
be retained to the maximum extent possible.
(b)
Proposed building improvements shall use traditional
materials or materials similar to the traditional ones. Questions
about traditional materials shall be determined by the Director.
(c)
Contemporary materials may be appropriate if the
design and composition relate to the context and other design standards
are met. Aluminum or wood siding, wood or asphalt shingles and dark
or mirrored glass is prohibited except as accent materials limited
to use on twenty percent (20%) or less of the structure.
g.
Color.
(1)
Intent.
(a)
Color plays an important role in how well a building
fits into its environment and should be considered when rehabilitating
existing buildings. A good source for paint colors typical of and
appropriate for historic commercial buildings are the heritage or
historic paint colors offered by many paint manufacturers. Although
personal preference is a major factor in the selection of paint color,
the following standards should be considered when selecting colors.
(b)
The brick facades have already been painted on
a number of buildings in downtown Warsaw. Typically, when the facade
of a brick building must be repainted, it should be painted a color
similar to the natural color of the brick. Likewise, when brick or
limestone trim, such as window lintels or sills, is painted, it should
be painted a color to match the natural color of the material. Accent
colors should be used primarily on wood trim, such as window frames,
storefront frames and bulkheads. By introducing a new paint color
on decorative brick, limestone or pressed metal details, the details
are accented making the building appear more ornate than it was originally
designed. It was very rare for masonry or components, such as window
lintels or sills, or cornices to be painted on traditional historic
commercial buildings in this area of the country.
(2)
Design standards.
(a)
A paint scheme for historic commercial buildings
shall consist of no more than three (3) colors: one (1) primary color
for the body and no more than two (2) accent colors for the primary
and secondary trim. The predominant building material (brick or pressed
metal) shall be considered the primary body color. If the historic
building material has been altered, a natural color, similar to the
historic material, shall be used for the body. Questions about color
appropriateness shall be resolved by the Director.
(b)
Accent colors should complement the natural colors
that already exist in the downtown district.
(c)
Color schemes shall be modest or muted color schemes
with bright colors limited to accents.
(d)
Masonry that has been previously painted may be
repainted if it is not feasible to remove existing paint from the
masonry surfaces. Masonry buildings or details that have not been
painted previously shall not be painted.
Fig. 405.090-G: Building
façade
3.
Building facade. Building facades should relate
to the surrounding buildings as described in this Section. Existing
buildings should retain the traditional elements outlined below. See
Figure 405.090-G for the location of building facade elements.
a.
Storefront.
(1)
Intent. Storefronts were historically composed almost entirely of glass,
creating visual openness. This openness creates an inviting relationship
to the street, emphasizes the pedestrian orientation of the commercial
district and should be retained.
(2)
Design standards.
(a)
The storefront shall fit within its original opening.
The original building entrance(s) should be retained when possible.
(b)
Doors on the storefront shall use clear glass and
shall not be made of solid metal or solid wood.
(c)
Storefront revisions shall retain the original
elements: transom window, display windows, bulkhead and entrance (door),
and use only appropriate materials as described here or in Subsection
(D)(2)(f), Building materials. The size, proportions and alignment
of windows, door and bulkhead shall relate to neighboring buildings.
(d)
Display and transom windows that have been downsized
or covered shall, to the maximum extent possible, be reopened.
(e)
Display windows shall be clear glass and retain
the size and proportion of the original opening.
(f)
Ideally, where transom windows have been altered,
they shall be restored to their original appearance to the maximum
extent possible.
(g)
When installing new display or transom glass in
a storefront, consideration should be given to reducing heat gain.
There are a variety of glass products that minimize heat gain without
affecting visibility. Examples of such products include thermal glazing
with clear or Low E glass. The important aesthetic consideration is
that it be clear glass.
b.
Upper facade.
(1)
Intent. On two-story buildings, the upper windows
are a predominant character-defining feature.
(2)
Design standards.
(a)
The historic masonry window openings shall be maintained
to the maximum extent possible. Windows that have been downsized or
covered shall be reopened to maintain the size and proportion of the
historic window openings.
(b)
For fire safety purposes, window openings shall
not be blocked in or covered with a solid material.
(c)
When upper level windows are missing or are in
need of replacement, the openings shall not be downsized to accept
stock sizes; replacement windows shall be provided to fill the entire
opening and resemble the style and profile of the original window.
(d)
Windows shall be clear glass. Reflective or tinted
glass is prohibited in downtown Warsaw.
c.
Cornice or building cap.
(1)
Intent. The cornice defines the top of the
building and emphasizes the relationship of the top of the building
to adjacent buildings.
(2)
Design standards.
(a)
Existing cornices shall be retained to the maximum
extent possible and repaired as needed.
(b)
When cornices have been removed, they shall be
replaced with an historic cornice to the maximum extent feasible.
If replacement is not feasible, a simplified cornice shall be designed
to define the top of the building and maintain the visual unity of
building tops along the block.
d.
Rear facades. Where rear or secondary public entrances
are used for customer access or where rear facades are visible to
the general public, the following standards shall apply:
(1)
Rear facades that are visible from a public street should complement
the main facade in their design and material usage.
(a)
Materials selected for facades of buildings facing
Harrison Street, including accessory uses, may differ from those approved
for the Main Street facade, but general design treatment and color
schemes shall be consistent around all sides of the building.
(b)
The rear facades shall be constructed of the primary
building material, such as brick or stone. When concrete or concrete
block is the predominant material of an existing rear facade, it shall
be painted to match the color of existing brick or stone.
(c)
Rear facades that are covered with wood or metal
siding shall be painted a neutral color to blend with the natural
colors found in the predominant building materials.
(2)
Architectural embellishments, awnings, landscaping and signs
should be used to mark the secondary entrance.
(3)
A minimum of twenty percent (20%) of the building's rear facade
facing a public right-of-way, parking area, or open space shall consist
of transparent materials.
(4)
Shed additions and stairs that are not in use shall be removed
where possible.
(5)
Service necessities, including trash dumpsters, downspouts, gas tanks, satellite dishes and utility boxes shall be screened from public view with fencing or landscaping pursuant to Section 405.120.
(6)
It is recommended that a coordinated effort be made to encourage
businesses to share dumpsters.
(7)
Rear customer entries shall be well maintained.
4.
Demolition controls for historic structures.
a.
Purpose. This Subsection is intended to work in conjunction with Warsaw Municipal Code Chapter 500, Article III, Demolition, by establishing standards for the demolition of historic structures. The purpose of this Subsection is to:
(1)
Effect and accomplish the protection, enhancement and perpetuation
of such areas and improvements and of districts which represent or
reflect elements of the City's cultural, social, economic, political
and architectural history.
(2)
Safeguard the City's historic, aesthetic and cultural heritage,
as embodied and reflected in such areas, improvements and districts.
(3)
Stabilize and improve property values in such districts.
(4)
Foster civic pride in the beauty and accomplishments of the
past.
(5)
Protect and enhance the City's attractions to tourists and visitors
and the support and stimulus to business and industry thereby provided.
(6)
Strengthen the economy of the City.
(7)
Promote the use of historic districts and landmarks for the
education, pleasure, and welfare of the people of the City.
b.
Applicability. The standards of this Subsection
are applicable to historic structures in downtown Warsaw, defined
as those buildings that have some or all of the architectural features
identified in this Section that were common to building design in
the period generally from the late 1800s through the early 1900s and
any other structure located in the downtown design standards area
that is fifty (50) years of age or older.
c.
Demolition restriction. No historic structure shall
be demolished unless the owner has first given the City at least six
(6) months' notice of his or her intention to demolish the building.
During that six-month period, the City will work with the owner to
identify any alternative uses that would allow the existing building
to produce a better economic return that would allow it to remain
in active use, or that would allow it to be used for the purposes
or land uses the owner wants to achieve, or to identify a purchaser
for the building who would preserve it from demolition. In the event
the owner does not accept the alternatives, if any, offered by the
City during that six-month period, the demolition may proceed, but
only after the owner has provided at least thirty (30) days' additional
time for the City or other parties to document the building through
photographs or other means. The owner is encouraged, but not required,
to allow access to the building during the thirty-day period in order
to allow documentation of the interior of the building as well.
d.
Maintenance. Property owners are required to maintain
historic buildings and structures, as defined above, in a State of
normal repair and not allow demolition by neglect. Demolition by neglect
is the gradual deterioration of a building when routine maintenance
is not performed. The City has the authority to impose enforcement
provisions on property owners who are found to have allowed an historic
structure to fall into a state of neglect.
[Ord. No. 211 § 2, 12-21-2015]
A.
Purpose. The purpose of the multifamily and townhouse
residential design standards is to preserve the quality and character
of the built environment in the City. More specifically, the purposes
of this Section are to:
1.
Encourage high-quality development as a strategy for investing in
the City's future;
2.
Emphasize the City's unique community character;
3.
Maintain and enhance the quality of life for the City's citizens;
4.
Shape the City's appearance, aesthetic quality, and spatial form;
5.
Protect and enhance property values;
6.
Provide property owners, developers, architects, builders, business
owners, and others with a clear and equitable set of parameters for
developing land; and
7.
Promote the sustainability of both the structure and the overall
community.
B.
Applicability.
1.
The design standards in this Section apply to all new dwellings intended
or constructed to be occupied by three (3) or more households, including
individually constructed buildings, townhomes, and multiple buildings
constructed as parts of a larger development.
2.
Section 405.060(B), Applicability, identifies how these provisions
apply to redevelopment and infill development.
C.
Site Design.
1.
Building separation. The minimum separation between
multifamily buildings, including accessory buildings, on the same
lot or development parcel is fifteen (15) feet.
2.
3.
Common space.
a.
Developments with at least four (4) units shall provide one hundred
fifty (150) square feet of private common open space for each multifamily
dwelling unit. A minimum of forty percent (40%) of the open space
shall be usable for recreation, including swimming pools, sport courts,
or playgrounds with equipment. Required landscaping is excluded from
open space calculations.
b. 
Fig. 405.100-B: Common open
space with play structures
To the maximum extent practicable, common open spaces, such as gardens,
courtyards, recreation or play areas, shall contain a minimum of three
(3) of these features:
Fig. 405.100-B: Common open
space with play structures
4.
Pedestrian circulation.
a.
Circulation patterns. Sidewalks shall be provided as necessary for efficient pedestrian circulation within the project and to neighboring properties pursuant to Section 405.080, Mobility and Connectivity Development Standards.
b.
Walkway location and design.
(1)
Sidewalks shall be separated from vehicular traffic where possible.
(2)
Sidewalks shall be constructed of attractive, durable materials,
such as decorative concrete or brick pavers.
(3)
Sidewalk widths shall be compatible with anticipated uses, but
in no instance shall be less than five (5) feet wide as a minimum
standard.
D.
Building Design.
1.
Maximum building length. The maximum length of any
multifamily building shall be one hundred fifty-six (156) feet or
six (6) townhouse units, whichever is less.
2. 
Fig. 405.100-C: Façade
design
Facade design. Multifamily buildings with a facade
length of greater than forty (40) linear feet shall incorporate a
variety of different wall planes and roof planes and shall feature
a minimum of two (2) of the following design elements in the design
of the front facade (See Figure 405.100-C.):
Fig. 405.100-C: Façade
design
3.
Patio. All ground floor units shall be provided
with a minimum six-foot-by-ten-foot patio or balcony directly accessible
from the unit. At least fifty percent (50%) of all units above ground-floor
level shall be provided with a minimum four-foot-by-ten-foot balcony
directly accessible from the unit.
4.
Building materials. All construction shall be of
durable high-quality materials and shall meet the following standards:
a.
If vinyl exterior siding is used, it shall have a manufacturer's
warranty of a minimum of fifteen (15) years.
b.
Metal is not permitted as a primary facade material. This Section
does not prohibit the use of metal siding designed to look like clapboard
siding.
c.
Architectural aluminum or steel panels (designed to ensure absence
of any deformation or oil canning) are permitted, but use of architectural
aluminum or steel panels should be limited to specific architectural
elements or features.
5.
Transparency. At least twenty-five percent (25%)
of all walls facing a public street shall contain windows or doorways.
6. 
Fig. 405-100-D: 4/12 pitch
roof
Roof.
Fig. 405-100-D: 4/12 pitch
roof
a.
Minimum roof pitch on all
townhouses, duplexes and multifamily dwellings is 4/12. No flat roofs
are permitted.
b.
Multifamily residential buildings
shall be designed to avoid any continuous roofline longer than fifty
(50) feet. Rooflines longer than fifty (50) feet shall include at
least one (1) vertical elevation change of at least two (2) feet.
c.
The incorporation of a variety of roof forms is strongly encouraged.
Upper-level residential floors may be incorporated into the roof form
to reduce the apparent height and mass of buildings.
d.
The height of each multifamily building taller than thirty-five (35)
feet shall be stepped down from its highest roofline at least one
(1) full story on any end of the building located within fifty (50)
feet of a street right-of-way or an adjacent area zoned or used for
single-family residential.
7.
Building access. Multifamily buildings shall provide
concentrated unit access points. Monotonous access balconies and corridors
running the length of the exterior of a building are prohibited.
E. 
Fig. 404.100-E: Parking location
Parking Location And Layout.
Fig. 404.100-E: Parking location
1.
Parking internal to development.
a.
To the maximum extent feasible,
garage entries, carports, parking areas and parking structures shall
be internalized in building groupings or oriented away from street
frontage.
b.
Parking areas and freestanding
parking structures (detached garages or carports) shall not occupy
more than thirty percent (30%) of each perimeter public street frontage
of a multifamily development.
c.
To the maximum extent practicable, freestanding parking structures
that are visible from perimeter public streets shall be sited so that
the narrow end of the parking structure is perpendicular to the perimeter
street.
2. 
Fig. 405.100-F: Change in
roof line on parking structure
Covered parking.
Fig. 405.100-F: Change in
roof line on parking structure
a.
Multifamily development shall provide covered parking to meet a minimum
of fifty percent (50%) of the required parking identified in Table
405.110-1, Off-Street Parking. The Director may reduce or waive this
requirement for low-income housing.
b.
Carports and common garages shall be limited to sixty (60) feet in
length.
c.
Detached garages and carports shall incorporate compatible materials,
scale, colors, architectural details and roof slopes similar to those
of the primary multifamily buildings.
F.
Storage Space.
1.
Intent.
a.
To ensure multifamily developments provide sufficient storage for
residents so that balconies and garages may be used for their original
purpose.
b.
To reduce parking impacts resulting from undersized garage spaces
and a lack of storage.
c.
To ensure parking is used for parking and not for storage.
2.
Design standards. Multifamily developments shall
provide a minimum of thirty-two (32) feet of exterior storage space
per unit. Storage may be provided through one (1) or more of the following:
[Ord. No. 211 § 2, 12-21-2015]
A.
Purpose. The regulations of this Section are intended
to ensure provision of off-street parking and loading facilities in
rough proportion to the generalized parking, loading, and transportation
demands of different land uses. By requiring such facilities, it is
the intent of this Section to help avoid the negative impacts associated
with spillover parking into adjacent neighborhoods, while at the same
time avoiding the negative environmental and urban design impacts
that can result from parking lots and other vehicular use areas. The
provisions of this Section are also intended to help protect the public
health, safety and general welfare by:
1.
Helping avoid and mitigate traffic congestion;
2.
Encouraging multimodal transportation options and enhanced pedestrian
safety;
3.
Providing methods to help reduce stormwater runoff and the heat island
effect of large paved parking areas; and
4.
Providing flexible methods of responding to the transportation and
access demands of various land uses in different areas of the City.
B.
Applicability And Location.
1.
Generally. The off-street parking and loading standards
of this Section shall apply to all parking lots and parking structures
accessory to any building constructed and to any use established in
every district. Except when specifically exempted, the requirements
of this Section shall apply to all temporary parking lots and parking
lots that are the principal use on a site.
2.
Expansions and enlargements. The off-street parking
and loading standards of this Section shall apply when an existing
structure or use is expanded or enlarged. Additional off-street parking
and loading spaces shall be required to serve the enlarged or expanded
area, provided that in all cases the number of off-street parking
and loading spaces provided for the entire use (preexisting plus expansion)
shall equal one hundred percent (100%) of the minimum ratio established
in Table 405.110-1 and shall not exceed any maximum standards established
in this Section.
3.
Change in permitted uses. A permitted use that does
not meet the parking requirements of this Section may be converted
to another permitted use without full compliance with the required
number of parking spaces through the substantial compliance process,
provided that:
a.
The applicant provides the maximum amount of parking spaces possible
without being required to remove or partially remove a structure.
b.
If a structure or a portion of a structure is voluntarily removed,
the resulting area shall be used to provide the additional parking
spaces necessary towards fulfilling the requirements of Table 405.110-1.
c.
The amount of parking available is at least eighty percent (80%)
of the parking required for the new use in Table 405.110-1.
4.
Location.
a.
Location. Except as otherwise expressly provided
in this Code, required off-street parking, loading and vehicle stacking
spaces shall be located on the same lot as the principal use.
b.
Parking Accessory to a Residential Use.
(1)
Residential garages shall be utilized primarily for the parking
of automobiles, recreational vehicles, and no more than one (1) commercial
use vehicle.
(2)
In the absence of a garage, the commercial use vehicle shall
be parked in an adequately sized, paved, off-street parking space
that meets the requirements of this Code.
(3)
Not more than one-third (1/3) of the required front yard shall
be used for parking or be surfaced with impervious or aggregate material
that prevents a dust hazard. For lots narrower than forty (40) feet,
none of the front yard, other than the driveway shall be paved.
c.
Setbacks.
(1)
Parking lots, parking spaces, vehicle stacking spaces, and loading
spaces shall be subject to the setbacks established in each zone district
unless otherwise expressly stated in this Code.
(2)
Motor homes, recreational vehicles, and boats shall only be
parked in the rear yard or in the corner side yard and shall be parked
on a paved surface.
d.
Use of required parking areas for parking only. Required
accessory off-street parking spaces in any district shall not be utilized
for open storage, sale or rental of goods or storage of inoperable
vehicles, unless otherwise permitted in this Code.
C.
Off-Street Parking.
1.
Schedule A: Off-Street Parking. The off-street parking
requirements for uses allowed by this Code are listed in Table 405.110-1,
Schedule A: Off-Street Parking. The vehicle stacking requirements
of Section 405.110(F) may also be applicable to certain uses.
|
Table 405.110-1
Schedule A: Off-Street Parking
| ||
|---|---|---|
|
Use Category
|
Use Type
|
Parking Requirement
(number of spaces)
|
|
Residential Uses
| ||
|
Household living
|
Dwelling, accessory unit or loft
|
1 per dwelling unit
|
|
Dwelling, live/work
|
1.5 per dwelling unit (work area calculated as retail, office,
or commercial use)
| |
|
Dwelling, multifamily
| ||
|
Studio
|
1
| |
|
1-bedroom
|
1.5
| |
|
2-bedroom
|
2.0
| |
|
3-bedroom
|
2.5
| |
|
More than 3-bedroom
|
2.5, plus 0.5 for each bedroom more than 3
| |
|
Dwelling, single-family detached
|
2 per dwelling unit
| |
|
Dwelling, townhouse/row house
|
2 per dwelling unit
| |
|
Dwelling, two-family/duplex
|
2 per dwelling unit
| |
|
HUD-Code manufactured home/mobile home
|
2 per dwelling unit
| |
|
Group living
|
Boarding/fraternity/sorority house or private dorm
|
1 per 2 beds and 1 per 100 square feet of gross floor area
|
|
Congregate living facility/senior housing
|
1 per 2 beds plus 1 per 100 square feet of assembly area
| |
|
Group home
|
1 per 4 beds plus 1 per 100 square feet of assembly area
| |
|
Nursing, convalescent and rest home
|
1 per 2 beds plus 1 per 100 square feet of assembly area
| |
|
Shelter
|
1 per 4 beds
| |
|
Civic and Institutional Uses
| ||
|
Community and cultural facilities
|
Cemetery
|
Schedule C, below
|
|
Cultural institutions and museums
|
1 per 400 square feet of gross floor area
| |
|
Government offices and civic buildings
|
1 per 300 square feet of gross floor area of space used by the
public + 1 per 600 square feet of gross floor area of space not used
by the public
| |
|
Libraries
|
1 per 300 square feet of gross floor area of space used by the
public + 1 per 600 square feet of gross floor area of space not used
by the public
| |
|
Philanthropic institution, other than listed
|
1 per 300 square feet of gross floor area
| |
|
Religious assembly
|
1 per 5 seats, plus 1 per 50 square feet of gross floor area
of assembly area without seats, plus additional spaces as required
for accessory uses based on parking standards for such use. If no
fixed seating, then based on maximum capacity under the provisions
of the International Building Code.
| |
|
Day-care
|
Day-care center
|
1 per 400 square feet of gross floor area plus 1 additional
per 800 square feet of gross floor area for pickup/delivery
|
|
Educational facilities
|
Business, professional, vocational, technical school
|
1 per 300 square feet of enclosed floor space
|
|
Public or private primary or secondary school
| ||
|
Elementary schools
|
2 per classroom
| |
|
Middle schools
|
2 per classroom
| |
|
High schools
|
6 per classroom and 1 per 300 square feet of administrative
office space
| |
|
University, college or seminary
|
1 per 300 square feet of enclosed floor space
| |
|
Health care facilities
|
Hospice, hospital
|
1 per 2 beds based on maximum capacity, plus 1 per 350 square
feet of office and administrative area, plus parking as required for
accessory uses
|
|
Medical or dental office or clinic, including urgent care facilities
|
1 per 250 square feet of gross floor area
| |
|
Parks and open space
|
Community garden
|
1 per 5,000 square feet of lot area
|
|
Public park or playground
|
Schedule C, below. Playfields (soccer, baseball, etc.) shall
have minimum of 20 spaces per field.
| |
|
Commercial Uses
| ||
|
Animal-related services
|
Kennel, commercial
|
1 per 800 square feet of gross floor area
|
|
Stables, commercial
|
1 per 5 stalls
| |
|
Veterinary clinic
|
1 per 600 square feet of gross floor area
| |
|
Auto sales, equipment, and repair
|
Auto parts sales (with accessory service)
|
1 per 1,000 square feet of floor area
|
|
Parking, commercial
|
None
| |
|
Eating and drinking services
|
Bar, drinking establishment, tavern
|
1 per 100 square feet of gross floor area
|
|
Brewery, distillery, winery
|
1 per 100 square feet of floor area accessible to customers
| |
|
Catering
|
1 per 400 square feet of gross floor area
| |
|
Restaurant, microbrewery, brewpub
|
1 per 250 square feet of floor, including outside dining/drinking
areas
| |
|
Restaurant with drive-through
|
Restaurant plus stacking spaces; see Subsection (F)(3), below
| |
|
Sidewalk cafe
|
Same as restaurant
| |
|
Financial services
|
All uses
|
1 per 400 square feet of floor area
|
|
Lodging facilities
|
Bed-and-breakfast inn
|
1 per guest room in addition to those required for principal
residence
|
|
Hotel, full service
|
1 per guest room or residence unit up to 100 units, then 0.75
per unit over 100; 50% of spaces may be counted to satisfy parking
requirements of accessory uses
| |
|
Hotel, limited service
|
1 per guest room or residence unit up to 100 units, then 0.75
per unit over 100; 50% of spaces may be counted to satisfy parking
requirements of accessory uses
| |
|
Residence hotel
|
1 per guest room or residence unit up to 100 units, then 0.75
per unit over 100; 50% of spaces may be counted to satisfy parking
requirements of accessory uses
| |
|
Office, business or professional
|
All uses
|
3 per 1,000 square feet of floor area
|
|
Personal services
|
Copy center
|
3 per 1,000 square feet of floor area
|
|
General personal services
|
1 per 300 square feet of gross floor area
| |
|
Recreation and entertainment, indoor
|
Bowling alley
|
4 per lane
|
|
Private club
|
1 per 3 seats. If no fixed seating, then based on maximum capacity
under provisions of International Building Code.
| |
|
Recreation, indoor (other than listed)
|
1 per 200 square feet of floor area
| |
|
Skating rink, indoor
|
1 per 300 square feet of gross floor area
| |
|
Theater, indoor; auditorium, stadium
|
1 per 4 seats. If no fixed seating, then based on maximum capacity
under provisions of International Building Code.
| |
|
Recreation and entertainment, outdoor
|
Country club
|
5 per 1,000 square feet within an enclosed building, plus 1
per 3 persons at projected capacity
|
|
Golf course
|
4 per green
| |
|
Gun club, skeet or target range, outdoor
|
2 per target area, or 1 per 5 seats, whichever is greater
| |
|
Yacht club or marina
|
0.75 per boat slip plus parking as required for other uses
| |
|
Retail (sales)
|
Farmers' market
|
1 per 250 square feet, with a minimum of 6
|
|
General retail store, other than listed
|
1 per 300 square feet of gross floor area
| |
|
Nursery garden shop or plant sales
| ||
|
Retail sales area
|
1 per 250 square feet
| |
|
Greenhouse sales area
|
1 per 500 square feet
| |
|
Outdoor display area
|
1 per 1,000 square feet
| |
|
Open air vending machine
|
None
| |
|
Industrial Uses
| ||
|
Industrial service
|
Custom and craft work
|
Schedule B, below
|
|
Transportation-related uses
|
Airport or landing field
|
1 per 400 square feet passenger terminal area
|
|
Transit passenger shelter
|
None
| |
|
Transit passenger terminal
|
1 per 200 square feet of gross floor space
| |
|
Utilities
|
Electric utility substation
|
None
|
|
Gas well
|
Schedule C, below
| |
|
Radio or TV recording studio
|
1 per 300 square feet of gross floor area
| |
|
Utility lines, towers or meeting station
|
None
| |
|
Utility installation other than listed
|
None
| |
|
Telecommunications facilities
| ||
|
Building-mounted antennas and towers
|
None
| |
|
Towers less than or equal to 75 feet and stealth towers less
than or equal to 100 feet
|
1
| |
|
Towers greater than 75 feet and stealth towers greater than
100 feet
|
1
| |
|
Wholesale distribution and storage
|
All
|
Schedule B, below
|
2.
Schedule B: Off-Street Parking Standards for Industrial Uses. Uses that reference this Subsection in Table 405.110-1 shall provide
the minimum number of spaces identified in Table 405.110-2, Schedule
B: Off-Street Parking Standards for Selected Industrial Uses.
|
Table 405.110-2
Schedule B: Off-Street Parking Standards for Selected
Industrial Uses
| |
|---|---|
|
Use or Activity
(GFA = gross floor area)
|
Required Number of Spaces
(space/per square feet)
|
|
Accessory office or administrative area
|
1.0/500
|
|
Accessory indoor sales area
|
1.0/200
|
|
Indoor storage, distribution, warehousing, assembly, vehicular
service or manufacturing area:
| |
|
1-3,000 square feet GFA
|
1.0/250
|
|
3,001-5,000 square feet GFA
|
1.0/500
|
|
5,001-10,000 square feet GFA
|
1.0/750
|
|
10,001 or more square feet GFA
|
1.0/1,250
|
|
Outdoor sales, display or storage area (3,000 square feet or
less)
|
1.0/750
|
|
Outdoor sales, display or storage area (more than 3,000 square
feet)
|
1.0/1,000
|
|
NOTE: The total number of required spaces is cumulative based
on the variety of different functions present in a single use.
|
3.
Schedule C: Parking Calculation. Uses that do not
have established standards in Schedule A or B may be required to establish
parking standards pursuant to this Schedule C. This schedule is typically
applicable to uses that have widely varying parking characteristics
that make it difficult to establish a single standard. Upon receiving
an application for a use subject to Schedule C standards, the Director
shall apply the off-street parking standard specified for the listed
use that is deemed most similar to the proposed use. The Director
may also establish minimum off-street parking requirements based on
a parking study prepared by the applicant. Such a study shall include
estimates of parking demand based on recommendations of the Institute
of Transportation Engineers (ITE), or other acceptable estimates,
and shall include other reliable data collected from uses or combinations
of uses that are the same as or comparable with the proposed use.
Comparability shall be determined by density, scale, bulk, area, type
of activity and location. The study shall document the source of data
used to develop the recommendations.
4.
Parking Reductions.
a.
C-2 downtown parking. No off-street parking or loading
space shall be required for any use located in the C-2 District.
b.
On-street parking. The use of legal, on-street parking
to meet a portion of the minimum off-street parking requirements is
permitted.
c.
Small use exception. Any individual use in a space
that is two thousand (2,000) square feet or smaller shall be exempt
from the minimum parking requirement of Table 405.110-1.
d.
Senior housing.
(1)
The required minimum number of off-street parking spaces may
be reduced by thirty-three percent (33%) for any group living use
or multifamily use in which occupancy of at least eighty percent (80%)
of the units is restricted for use by those sixty (60) years of age
or older.
(2)
The required minimum number of off-street parking spaces may
be reduced by fifty percent (50%) for any group living use or multifamily
use in which occupancy of more than eighty percent (80%) of the units
is restricted for use by those meeting the definition of handicapped
individuals under the federal Fair Housing Act amendments.
D.
Handicapped/Accessible Parking.
1.
Handicapped parking spaces shall be designed in accordance with the
federal standards established in the Federal Register, dated August
4, 1982, Subpart C, Section 1190.31, Accessible Building and Facilities;
New Construction, or as officially updated by the federal government.
2.
The minimum number of accessible spaces to be provided is established
as a portion of the total number of off-street parking spaces provided;
spaces reserved for persons with disabilities are counted toward fulfilling
off-street parking requirements.
E.
Computation Of Parking And Loading Requirements.
1.
Fractions. When determination of the number of off-street
parking spaces required by this regulation results in a requirement
of a fractional space, the fraction of one-half (1/2) or less may
be disregarded, and a fraction in excess of one-half (1/2) shall be
counted as one (1) parking space.
2.
Different use areas. Except as provided for in this
Section, parking shall be calculated separately for each different
use area in a building or on a site, including all accessory uses.
3.
Combinations of uses. If the City determines that
a proposed use represents a combination of uses listed in Table 405.110-1,
the minimum and maximum parking space standards shall be those that
would apply if the two (2) (or more) uses were developed separately,
unless the Director determines that a lower standard would be adequate
because of differences in peak operating hours.
4.
On-street parking. Except as permitted elsewhere
in this Code, on-street parking shall not be used to satisfy the off-street
parking standards of this Subsection.
5.
Calculation based on type of measurement.
a.
Parking based on seating. When the standards use
seating as a unit of measurement, all calculations shall be based
on the occupant load of the areas used for seating.
b.
Parking based on floor area. Except as provided
for in this Section, when the standards use amount of square footage
in buildings as a unit of measurement, all calculations shall be based
on gross floor area minus ten percent (10%) except as may hereinafter
be modified.
c.
Parking based on occupants. Except as provided for
in this Section, when the standards use the number of occupants as
a unit of measurement, all calculations shall be based on the maximum
fire-rated capacity.
6.
Parking for unspecified uses.
a.
Parking standards for uses not specifically listed in Table 405.110-1
shall be determined by the City based on the standards for the closest
comparable use or by reference to the most recent version of standard
parking resources published by the National Parking Association, the
American Planning Association, and the Institute of Transportation
Engineers.
b.
The City may alternately require the submittal of a parking demand
study that justifies estimates of parking demand based on the recommendations
of the Institute of Traffic Engineers (ITE), and includes relevant
data collected from uses or combinations of uses that are the same
or comparable to the proposed use in terms of density, scale, bulk,
area, type of activity, and location.
F.
Drive-Through Lanes And Vehicle Stacking. Any facility
offering drive-through service shall provide stacking lanes which
are a minimum of eight (8) feet in width and which provide direct
forward access to each service window, station or other point of service.
Such stacking lane shall be marked and shall be separate from any
other driveway, parking space or aisle. Stacking lanes shall be measured
from the point of service and shall provide twenty (20) feet per vehicle.
Common stacking lanes for several service points may be used for financial
and restaurant uses, provided that separate stacking for at least
three (3) vehicles is provided for each point of service before stacking
is merged into a common lane.
1.
General. Unless otherwise specified below, each
service point shall be provided with a stacking lane for a minimum
of three (3) vehicles. The off-street loading zone must lie outside
the stacking lane.
2.
Financial. Each teller station at a drive-through
financial institution shall be provided with a stacking lane for a
minimum of five (5) vehicles.
3.
Restaurant. Each remote ordering station and each
service window at a restaurant with drive-through service shall be
provided with a stacking lane for a minimum of five (5) vehicles.
G.
Off-Site Parking. The Director may allow required
parking spaces to be provided on a building site other than that of
the use for which the spaces are required. In general, such exception
may be considered for employee parking or for institutional type uses,
such as hospitals, churches or other uses where longer-term parking
is common. Off-site parking shall meet the following conditions:
1.
Same ownership. The parking area is located on land
under the same ownership as the use it serves, or a recorded easement
in perpetuity that has been established for the use of an off-site
location for parking and filed with the Benton County Recorder of
Deeds.
2.
Distance between off-site parking area and the proposed use.
a.
Off-site parking for multiple-family dwellings shall not be located
more than six hundred (600) feet from any normally used entrance of
the principal use served.
b.
Off-site parking for nonresidential or mixed uses shall not be located
more than six hundred (600) feet from any normally used entrance of
the principal use served.
c.
The above distances shall be measured along the shortest legal, practical
walking route. This route may include crossing a right-of-way, provided
that it uses a legal crosswalk.
3.
No undue hazard. The off-site parking area shall
be convenient to the use without causing unreasonable:
a.
Hazard to pedestrians;
b.
Hazard to vehicular traffic;
c.
Traffic congestion;
d.
Interference with commercial activity or convenient access to other
parking areas in the vicinity;
e.
Detriment to the appropriate use of business lands in the vicinity;
or
f.
Detriment to any abutting residential neighborhood.
4.
Easement required. A permanent and irrevocable easement
of the parking facilities in favor of the premises to be benefited
thereby shall be dedicated and recorded in the Benton county records
as a condition of such use.
H.
Shared Parking. The Director may allow shared parking.
Shared parking shall mean that the required spaces provided for one
use may also be credited as required spaces for a complementary use.
A permanent and irrevocable easement of the parking facilities in
favor of the use to be benefited thereby shall be dedicated and recorded
in the Benton County records as a condition of such use. Shared parking
shall meet the following conditions:
1.
Proximity to use. Shared parking spaces shall be
located within six hundred (600) linear feet of the primary entrance
of all uses served as measured along the shortest legal, practical
walking route. This route may include crossing a right-of-way, provided
that it uses a legal crosswalk. Such distance shall not apply if a
remote parking shuttle bus service is provided and approved as part
of a development approval. Shared parking spaces shall not be separated
from the use they serve by an arterial or collector street with a
right-of-way greater than eighty (80) feet. In addition, adequate
and safe pedestrian access must be provided from and to the shared
parking areas.
2.
Same or more intensive use. A shared parking area
shall be located on a site with the same or more intensive zone district
classification than required for the primary uses served.
3.
Calculating shared parking.
a.
General. Where two (2) land uses listed in separate
use categories in Table 405.050-1 share a parking lot or structure,
the total off-site parking required for those uses may be reduced
by the factors shown in Table 405.110-3, below. Total off-street parking
required shall be the sum of the two (2) parking requirements for
the two (2) uses divided by the factors in Table 405.110-3. If uses
in three (3) or more categories of Table 405.050-1 share a parking
lot or structure, the Director shall determine the parking reduction
based on the relative sizes of the various uses and the reduction
factors listed in Table 405.110-3.
|
Table 405.110-3
Joint Parking Reduction Factors
[Add the two parking requirements and divide by these
factors]
| |||||
|---|---|---|---|---|---|
|
Property Use
|
Multifamily Residential
|
Public and Institutional
|
Food, Beverage, Indoor Entertainment, or Visitor Accommodation
|
Retail
|
Other Commercial
|
|
Multifamily residential
|
1.0
| ||||
|
Public and institutional
|
1.1
|
1.0
| |||
|
Food, beverage, indoor entertainment, or visitor accommodation
|
1.1
|
1.2
|
1.0
| ||
|
Retail
|
1.2
|
1.3
|
1.3
|
1.0
| |
|
Other commercial
|
1.3
|
1.5
|
1.7
|
1.2
|
1.0
|
4.
Additional joint parking permitted for certain uses. As an alternative to those reduction factors listed in Table 405.110-3,
a) up to fifty percent (50%) of the parking spaces required for food,
beverage and indoor entertainment uses, and up to one hundred percent
(100%) of parking spaces required for religious assembly uses and
elementary, middle, high school, university, or college auditoriums
may be used jointly by b) any nonresidential use not normally open,
used, or operated during the same hours as those listed in Item a).
I.
Bicycle Parking.
1.
Required number of spaces. Bicycle parking shall
be provided as follows:
|
Use
|
Bicycle Parking Spaces1
|
|---|---|
|
Multiple-family
|
2 or 1 per 10 units
|
|
Group home
|
1 per 4 bedrooms
|
|
Office
|
4 or 1 per 8,000 square feet (net area)
|
|
Commercial sales and service
|
4 or 1 per 4,000 square feet (net area)
|
|
Community use (nonutility)
|
4 or 1 per 8,000 square feet (net area)
|
|
Schools
|
0.5 per classroom
|
|
Notes:
| |
|
1
|
Whichever measurement results in the higher number of spaces.
|
2.
Design and location.
a.
Bicycle parking facilities shall include a rack or storage facility
(e.g., locker) that enables bicycles to be secured. Where racks are
used, they shall meet the following standards:
(1)
The bicycle frame and one wheel can be locked to the rack with
a high-security, U-shaped shackle lock if both wheels are left on
the bicycle;
(2)
A bicycle six (6) feet long can be securely held with its frame
supported so that the bicycle cannot be pushed or fall in a manner
that will damage the wheels or components; and
(3)
The rack must be securely anchored.
b.
Bicycle racks and storage facilities shall be accessible without
moving another bicycle.
c.
Bicycle racks and storage facilities shall be located in convenient,
visible, well-lit areas with easy access and near main entrances of
all commercial, residential/and institutional buildings. Such locations
shall be clearly noted with signage.
d.
The racks and storage facilities shall be located so they do not
interfere with pedestrian traffic and shall be protected from potential
damage by motor vehicles.
e.
Bicycle parking shall not be within any required landscape area nor
interfere with any pedestrian pathway.
J.
Design And Maintenance.
1.
Parking layout and construction standards. Every
parcel of land hereafter used as a public or private parking area,
including commercial parking lots and vehicular display/storage areas,
shall be developed and maintained in accordance with the following
requirements.
a.
Minimum size and setbacks. A required off-street
parking space shall be a minimum of eight (8) feet six (6) inches
in width and nineteen (19) feet in length.
b.
Curbs or wheel stops required. In any parking space
which faces toward a property line or a building, a wheel stop and/or
a curb shall be provided that prevents a vehicle from extending across
the property line or hitting the building. As determine by the Director,
wheel stops may also be required where a curb will not be sufficient.
c.
Parallel parking. The minimum paved dimension for
a parallel parking space shall be eight (8) feet by twenty-two (22)
feet.
d.
Surfacing.
(1)
Except as provided herein, all parking spaces and access drives
shall be surfaced with asphalt or concrete pavement. All pavement
must be of sufficient strength to support the heaviest vehicular loads
imposed on it, and shall be so graded and drained to dispose of all
surface water in accordance with the requirements of the City of Warsaw,
and shall be marked to provide for orderly and safe loading, unloading,
parking and storage of vehicles. All surfaces shall be maintained
in good condition, generally free of potholes, cracks or broken pavement
and allowing uninhibited access to all parking and loading spaces
or drives.
(2)
The use of pervious or semipervious parking area surfacing materials,
including but not limited to grasscrete, ring and grid systems used
in conjunction with grass seed or sod, permeable concrete or asphalt,
porous or grid pavers, or recycled materials, such as glass, rubber,
used asphalt, brick, block and concrete, may be approved by the Director
for the required vehicular surface area on a lot, provided that such
areas are properly maintained and that the underlying soil conditions
support the use of such materials. Decorative dust-free gravel used
in conjunction with reinforced matting, grid pavers or pervious asphalt
is permitted as an alternative parking area surfacing material in
the RH-O District. Where possible, such materials should be used in
areas proximate to and in combination with on-site stormwater control
devices.
2.
Parking garage. The off-street parking required
by this Section may be located in a parking structure, whether on
the same or on a different lot than the uses which it serves. Such
structure shall be subject to the following:
a.
Ground floor parking provided in a parking structure shall be landscaped
and screened, insofar as practicable, from surrounding uses and from
public view as required by Section 405.120(B), Screening. In addition,
for uses located on the same lot as the structure, the conditions
required for shared parking shall apply. For uses located on a different
lot than the structure, the conditions required for off-site parking
shall apply.
b.
Parking structures with ground floors that are not completely wrapped
with commercial, office, institutional, public uses or civic uses
on the side facing an intersection (except sides abutting alleys)
shall not:
c.
Design.
(1)
Parking structures should be constructed of materials of similar
quality and shall be compatible in appearance with adjacent buildings.
(2)
Facades of parking structures not occupied by commercial, office,
institutional, public uses or civic uses shall be articulated through
the use of three (3) or more of the following architectural features:
(3)
Vehicle entries to off-street parking structures shall be integrated
into the placement and design of adjacent buildings or oriented away
from the primary street frontage. At a minimum, parking structures
shall have user vehicle access from locations that minimize conflicts
with pedestrian circulation.
K.
Off-Street Loading.
1.
General requirements.
a.
Location. All required loading berths shall be located
on the same lot as the use served. No permitted or required loading
berth shall be located within fifty (50) feet of the nearest point
of intersection of any two (2) streets, measured from edge of asphalt.
No loading berth shall be located in a required front yard.
b.
Size. Unless otherwise specified, a required off-street
loading berth shall be at least twelve (12) feet in width by thirty-five
(35) feet in length, exclusive of aisle and maneuvering space, and
shall have a vertical clearance of at least fifteen (15) feet.
c.
Access. Each required off-street loading berth shall
be designed with appropriate means of vehicular access to a street
or alley in a manner which will least interfere with traffic movement,
and shall meet standard Public Works Department specifications. All
driveways servicing off-street loading berths shall be in accordance
with applicable driveway standards.
d.
Utilization. Space allocated to any off-street loading
use shall not, while so allocated, be used to satisfy the space requirements
for any required off-street parking facilities or portions thereof.
e.
Central loading. Central loading facilities may
be substituted for loading berths on individual lots, provided that
the following conditions are fulfilled:
f.
Minimum facilities. Uses for which off-street loading
facilities are required herein, but which are located in buildings
of less floor area than the minimum prescribed for such required facilities,
shall be provided with the adequate receiving facilities accessible
by motor vehicle off any adjacent alley, service drive, parking lot
or open space located on the same lot.
2.
Specific requirements. The minimum amount of off-street
loading or unloading space to be provided shall be as follows:
|
Table 405.110-4
Off-Street Loading Requirements
| |||
|---|---|---|---|
|
Use
|
Floor Area Requiring One 12-Foot by 35-Foot Berth
(square feet)
|
Floor Area Requiring Additional 12-Foot by 35-Foot Berth
(square feet)
|
Floor Area Requiring 12-Foot by 55-Foot Berth
(square feet)
|
|
(1) Residential: multifamily dwellings
| |||
|
As determined by the Planning and Zoning Commission
| |||
|
(2) Office; Institutional; Educational
| |||
|
a. Health and medical institutional uses; educational, cultural,
religious institutions; recreation and social; banks, financial institutions;
medical-dental clinics; business and professional offices
|
10,000
|
Over 100,000
| |
|
(3) Commercial Uses
| |||
|
a. Retail
|
5,000
|
Over 20,000
|
Over 35,000
|
|
b. Hotels-motels
|
10,000
|
Over 100,000
|
—
|
|
c. Commercial recreation
|
10,000
|
Over 100,000
|
—
|
|
d. Wholesale
|
10,000
|
Over 40,000
|
—
|
|
e. Restaurants
|
5,000
|
Over 25,000
|
—
|
|
(4) Industrial Uses
| |||
|
a. Manufacturing
|
Up to 5,000
|
Over 40,000
|
—
|
|
b. Storage
|
Up to 10,000
|
Over 25,000
|
—
|
|
(5) Other Uses
| |||
|
a. Stadiums, auditoriums and arenas
|
Up to 20,000
|
—
|
Over 20,000
|
|
b. Transportation terminals
|
5,000
|
Over 40,000
|
—
|
[Ord. No. 211 § 2, 12-21-2015]
A.
Landscaping.
1.
Purpose. The purpose of the landscaping standards
is to ensure that landscaping in Warsaw:
a.
Integrates building sites with both natural topography and existing
vegetation;
b.
Minimizes disturbed areas;
c.
Respects the limitations and best uses of water resources;
d.
Reduces the amount of reflected glare and heat absorbed in and around
developments;
e.
Breaks up large expanses of parking lots; and
f.
Preserves residential neighborhoods by lessening the impacts of potentially
incompatible uses.
2.
Applicability. This landscaping section shall apply
to all new development and redevelopment as provided in Section 405.120(A)(3).
Applicability of the provisions of this Section shall be as indicated
in Table 405.120-1, below.
|
Table 405.120-1
Applicability of Landscaping Standard by Development Type
| ||||||
|---|---|---|---|---|---|---|
|
Standard
|
Section
|
Single-Family/ Duplex
|
Multifamily
|
Mixed Use
|
Commercial
|
Industrial
|
|
Landscaped area
|
405.120(A)(3)(a)
|
♦
|
♦
|
♦
|
♦
|
♦
|
|
Landscape buffer
|
405.120(A)(3)(b)
|
♦
|
♦
|
♦
|
♦
| |
|
Parking lot landscaping
|
405.120(A)(3)(d)
|
♦
|
♦
|
♦
|
♦
| |
3.
Fig. 405.120-A: Parking Lot
Landscaping Elements
Required landscaping.
a.
Landscaped areas. All exposed ground areas surrounding
or within a principal or accessory use, including adjacent, unpaved
street rights-of-way, that are not devoted to drives, parking lots,
sidewalks, patios or similar uses shall be landscaped.
(1)
All residential lots shall have a minimum of one (1) tree planted
between the sidewalk and the front of each house at the time the house
is constructed.
(2)
All multifamily and commercial uses shall provide at least four
(4) feet in depth of site perimeter landscaping along all public streets,
planted at a minimum of thirty hundredths (0.30) landscape unit per
linear feet, fifteen percent (15%) of which shall be trees.
b.
Landscape buffer. The following regulations apply
to properties where a multifamily, mixed-use or nonresidential district
or use abuts a single-family residential district or use.
(1)
Buffer required.
(a)
A minimum fifteen-foot wide buffer space shall
be provided.
(b)
The buffer shall be landscaped with sixty hundredths
(0.60) landscape unit per linear foot, twenty-five percent (25%) of
which shall be trees.
(c)
New trees and shrubs shall be evenly spaced at
planting.
(d)
A solid masonry wall, a minimum of six (6) feet
in height, may be substituted for required shrubs.
(e)
Where a natural buffer exists, as determined by
the Director, it shall remain undisturbed.
(f)
If used in addition to a landscape screen, fences
shall have additional evergreen shrubs planted on the residential
side of the fence.
(2)
Uses and easements.
(a)
Mechanical equipment, permanent detention and temporary
erosion and sedimentation control basis are prohibited in the buffer
area.
(b)
Utility easements may cross but not be placed in
the long dimension of a buffer yard.
(c)
Wherever practical, pedestrian access shall be
placed through the buffer yard.
c.
Landscaping units. Required landscaping is calculated
in landscaping units. Table 405.120-3 indicates the landscape units
awarded for various preserved or planted landscape materials:
|
Table 405.120-3
Landscape Units Awarded
| ||
|---|---|---|
|
Landscape Material
|
Landscape Units Awarded
| |
|
Newly Installed
|
Existing Retained
| |
|
Evergreen tree, more than 10 feet high
|
8
|
14
|
|
Evergreen tree, more than 8 feet to 10 feet high
|
8
|
11
|
|
Evergreen tree 6 feet to 8 feet high
|
6
|
9
|
|
Deciduous tree, more than 8 inches in caliper
|
n/a
|
14
|
|
Deciduous tree, more than 4 inches to 8 inches in caliper
|
n/a
|
11
|
|
Deciduous tree, more than 2.5 inches to 4 inches in caliper
|
7
|
9
|
|
Deciduous tree, 1.5 inches to 2.5 inches in caliper or multistem
|
4
|
4
|
|
Shrubs, 36 inches high
|
1
|
1.2
|
|
Shrubs, 24 inches high
|
0.8
|
0.9
|
|
Shrubs, 18 inches high
|
0.5
|
0.6
|
|
Perennials/ground cover
|
1 per 400 square feet
| |
|
Annual flower bed
|
1 per 400 square feet
| |
|
Lawn grass
|
1 per 800 square feet
| |
|
Flower basket support
|
0.2 per basket
| |
|
Earthen berm, minimum 18 inches high
|
0.05 per linear foot
| |
|
Hardscape Material
|
Units Awarded
|
|---|---|
|
Split rail fence
|
0.20 per linear foot
|
|
Screening (opaque) fence
|
0.40 per linear foot
|
|
Shredded bark or 3 inches plus rock mulch, such as river rock
|
1 per 500 square feet
|
|
Ornamental pavers
|
1 per 250 square feet
|
|
Landscape boulders, 3 feet or greater in height
|
1 per boulder
|
|
Seating
|
0.40 per linear foot
|
|
Landscape lighting, sculpture, art, water feature, and/or sheltering
structure/landmark
|
As determined by Director
|
|
Retained Existing Vegetation Mass1
|
Bonus Landscaping Units Awarded
|
|---|---|
|
300 or more square feet with a minimum of 3 deciduous trees
(4 inches in caliper or greater), 3 evergreen trees (minimum 6 feet
high) or any combination thereof
|
15%
|
|
500 or more square feet with a minimum of 5 deciduous trees
(4 inches in caliper or greater), 5 evergreen trees (minimum 6 feet
high) or any combination thereof
|
20%
|
|
800 or more square feet with a minimum of 8 deciduous trees
(4 inches in caliper or greater), 8 evergreen trees (minimum 6 feet
high) or any combination thereof
|
25%
|
|
NOTES:
| |
|
1
|
Points awarded for retained vegetation in perimeter buffers
may only be applied in the buffer area along the same lot line or
street frontage where the vegetation is found.
|
Fig. 405.120-A: Parking Lot
Landscaping Elements
d.
Parking Lot Landscaping. The following landscaping
requirements shall be met for all off-street surface parking lots.
Figure 405.120-A identifies the three (3) required types of parking
lot landscaping.
(1)
Parking lot perimeter landscaping is required around the entire
perimeter of a parking lot as follows:
(a)
Perimeter parking lot landscaping of a minimum
width of ten (10) feet shall be required for all parking lots having
more than three (3) spaces where the parking lot is adjacent to a
public street or a nonretail or industrial use such as a residential
area, institutional use (e.g., hospital) or office.
(b)
The parking lot perimeter landscaping shall achieve
a minimum of one and two-tenths (1.2) landscape units per linear foot.
(c)
Where lots are being developed in a mixed-use district,
the parking lot perimeter landscaping requirement may be reduced along
an interior lot line, at the discretion of the Director, provided
that interior parking lot landscaping applies to both parking lots.
(2)
Internal landscaping shall be provided as follows:
(a)
Landscape strips shall be installed between the
parking rows of every other double row of parking when parking rows
exceed fifty (50) parking spaces. Landscape strips shall be designed
as follows:
(b)
Landscape islands shall be installed for every
ten (10) parking spaces contained in a parking row, either within
the parking row or at the end of the parking row and shall be designed
as follows:
i.
Be a minimum of six (6) feet in width and at least
two hundred (200) square feet in total area.
ii.
Be sunken below the level of the parking lot surface
to allow for runoff capture.
iii.
Have a minimum of four (4) five-gallon deciduous
shrubs and one (1) deciduous tree, a minimum of two and one-half inches
in caliper, per two hundred (200) square feet.
iv.
Incorporate perennials and grasses for seasonal
color.
v.
Contain a minimum of fifty percent (50%) living
landscaping material, with a maximum of fifty percent (50%) nonliving
landscaping material. Approved sidewalks are not counted toward the
nonliving landscape material percentage.
(3)
Curbs. Landscaped areas within parking lots
or the along perimeter of the property must be protected from vehicular
traffic through the use of continuous concrete curbs. At least one
break per ten (10) linear feet of curb is required to allow for runoff
inflows into the landscaped areas.
e.
Site distance triangle. A site distance triangle
within the off-street parking area must be established at street intersections
by maintaining a maximum height for shrubs and ground cover of thirty
(30) inches. No obstructions are permitted in the site distance triangle,
including tree branches that must be trimmed within eight (8) feet
of the ground. All applicable sight distance requirements must be
met for parking lot internal circulation and access points to the
public right-of-way.
4.
Landscaping standards. All landscaping elements,
including but not limited to planters, retaining walls and berms,
must be specifically approved and shall conform to the following standards:
a.
Preservation of existing vegetation. Landscaping
plans should be designed to preserve and protect existing native vegetation
and mature trees. Bonus landscape credit shall be awarded for preserved
vegetation as indicated in Table 405.120-3, Landscape Units Awarded,
above, where the Director accepts the existing vegetation as being
in good health and meets the intent of the landscaping requirements
of this Chapter.
b.
Allowed plant materials. Proposed materials must
be specified on development plans. A list of permissible plant species
that are compatible with various climate zones found in the City shall
be adopted by the Planning and Zoning Commission and may be amended
from time-to-time. Materials not on the list may be approved if the
Director determines that they are equally or more suitable for local
soil conditions and local climate requirements, and that the requested
materials would provide the same or better level of visual benefits
and have desired growth habits. No noxious weeds, as defined by the
State, are permitted for use in the City.
c.
Revegetation.
(1)
All disturbed areas must be adequately reseeded and restored
on all projects. A revegetation bond, satisfactory to the Director,
must be furnished as a condition of certificate of occupancy and shall
remain in full force and effect until the landscaping plan is completed,
vegetation is sufficiently established, and structural best management
practices (BMPs), such as silt fence and straw bales, are removed
from the site.
(2)
In all disturbed areas, soil must be prepared with tilling and
the addition of decomposed organic matter, such as, but not limited
to, compost, composted horse manure, or composted chopped straw or
hay. Straw tackifier or matting on steep slopes is required to prevent
soil erosion. The addition of decomposed organic matter is also required
prior to turf installation.
d.
Retaining walls.
(1)
Where retaining walls are used, they shall not exceed six (6)
feet in height and shall either incorporate the use of native materials
or be earth tone colors to match the native soils and rocks. In instances
where the topographic conditions justify additional retaining walls,
there shall be a minimum planting area of five (5) feet between the
walls.
(2)
In cases where the wall is split into multiple sections, a minimum
of five (5) five-gallon shrubs for each twenty (20) feet of linear
planting area shall be planted in the area between the walls and at
the base of the lowest wall.
B.
Screening.
1.
Single-family residential screening. To the maximum
extent practicable, utility equipment on residential lots shall be
located behind the front building line of the house and screened from
public view by an opaque wall, fence or landscaping screen. Alternative
locations may be approved by the Director to allow for the retention
of existing trees on wooded sites. Roof-mounted mechanical equipment,
except solar energy collection systems, is prohibited on single-family
residential dwellings.
2. 
Fig. 405.120-B: Roof parapet
wall screen
Multifamily, mixed-use and commercial screening. For all developments other than single-family residential, the following
mechanical equipment screening standard shall apply to the maximum
extent practicable.
Fig. 405.120-B: Roof parapet
wall screen
a.
Roof-mounted mechanical
equipment. Roof-mounted mechanical equipment shall be screened
by a parapet wall or similar feature that is an integral part of the
building's architectural design. The parapet wall or similar feature
shall be of a height equal to or greater than the height of the mechanical
equipment being screened. See Figure 405.120-B.
b.
Wall-mounted mechanical equipment. Wall-mounted
mechanical equipment, except air-conditioning equipment (e.g., window
air-conditioning units), that protrudes more than six (6) inches from
the outer building wall shall be screened from view by structural
features that are compatible with the architecture and color of the
subject building. Wall-mounted mechanical equipment that protrudes
six (6) inches or less from the outer building wall shall be designed
to blend with the color and architectural design of the subject building.
c.
Ground-mounted mechanical equipment. Ground-mounted
mechanical equipment shall be screened from view by landscaping or
by a decorative wall that is compatible with the architecture and
landscaping of the development site. The wall shall be of a height
equal to or greater than the height of the mechanical equipment being
screened.
d.
Utilities.
(1)
Utility poles (other than wooden poles erected by a public utility
company) and supports shall be painted or be of materials neutral
in color.
(2)
All transformers and other facilities and equipment, including
telecommunications equipment, shall either be screened through the
use of architectural materials compatible with the architectural materials
present on the site or, alternatively, through landscape screening.
(3)
Such screening shall be adequate to completely screen such facilities
from all rights-of-way.
e.
Alternate screening. Mechanical equipment that is
not screened in full compliance with the screening standards of this
Section shall be reviewed in accordance with the procedures of Section
405.030(H), Alternative Compliance. Alternate screening methods may
include, but shall not be limited to, increased setbacks, increased
landscaping, grouping the equipment on specific portions of a site
and painting or otherwise camouflaging the equipment.
3.
Screening of service, loading and storage areas.
a.
Applicability. These screening requirements are
applicable to all service, loading and storage areas. Owners are encouraged
to locate the types of features listed in this Subsection where they
are not visible from off-site or from public areas of a site, so that
screening is unnecessary.
b. 
Fig. 405.120-C: Service and
loading area placement and screening
Placement.
Fig. 405.120-C: Service and
loading area placement and screening
(1)
All service areas shall be placed at the rear, on the side of,
or inside buildings. See Figure 405.120-C.
(2)
No service area shall be visible from a public right-of-way
or from adjacent residential areas.
(3)
Service areas and access drives shall be located so they do
not interfere with the normal activities of building occupants or
visitors on driveways, walkways, in parking areas or at entries.
c.
Outside storage areas and loading docks.
(1)
All storage areas, service areas and loading docks not screened
by an intervening building shall be screened from view from any public
street right-of-way. In addition, storage and loading areas must be
screened from view from any adjoining property when that property
requires a buffer. On property zoned or used industrial, all outside
storage areas that are adjacent to nonindustrial zoned property must
also be screened from view.
(2)
An opaque screen consisting of one (1) or a combination of the
following shall be used:
(3)
Screening shall be a minimum height of eight (8) feet to screen
truck berths, loading docks, areas designated for permanent parking
or storage of heavy vehicles and equipment or materials.
(4)
Screening shall be long enough to screen the maximum size trailer
that can be accommodated on site. Sites that can accommodate a full-size
tractor-trailer shall provide a forty-eight-foot wing wall, where
wing walls are used.
d.
Shopping cart storage. All shopping carts shall
be stored inside the building they serve. Shopping cart corrals shall
be made of a material suitable for withstanding weathering and rusting.
Plastic corrals are prohibited.
e. 
Fig. 405.120-D: Refuse facility
screening
Refuse facility screened. All refuse facilities,
including new refuse facilities placed on an existing development,
shall be large enough to accommodate a trash dumpster and shall be
completely screened from view of public streets and adjoining nonindustrial
zoned properties by:
Fig. 405.120-D: Refuse facility
screening
(1)
Meeting the requirements of the other sections of this Section;
or
(2)
Screening on three (3) sides by a minimum six-foot wall surrounded
by evergreen landscaping. See Figure 405.120-D. An opening shall be
situated so that the container is not visible from adjacent properties
or public streets and the opening shall be a wood or metal clad opaque
gate. Chain-link gates are not permitted. Gates must have tie backs
to secure in the open position.
f.
Design of screening. All screening shall be complementary
to the building served in landscaping approach and through the use
of similar colors and material palette.
[Ord. No. 211 § 2, 12-21-2015]
A.
Wind Energy.
1.
Purpose. This Subsection is intended to promote
the compatible use of small wind-energy systems. Wind energy is an
abundant, renewable, and nonpolluting energy resource. When converted
to electricity, it reduces our dependence on nonrenewable energy resources
and reduces air and water pollution that result from conventional
sources. Distributed wind-energy structures also enhance the reliability
and power quality of the power grid, reduce peak power demands, and
increase local electricity generation.
2.
Small wind-energy standards. Small wind-energy systems
shall be a permitted accessory use in all zoning districts subject
to the following requirements:
a. 
Fig. 405.140-1: Small wind
energy system tower
Tower system standards.
Fig. 405.140-1: Small wind
energy system tower
(1)
A wind tower for a small
wind-energy system shall be set back a distance of one (1.0) times
its total height from:
(2)
The maximum height of a small wind-energy system tower shall
be seventy-five (75) feet. Systems taller than seventy-five (75) feet
shall be required to obtain a conditional use permit.
b. 
Fig. 405.140-2: Vertical axis wind turbine (VAWT)
Vertical axis wind turbine standards. A vertical
axis wind turbine (VAWT) using vertical wind turbine technology shall
be permitted in all zone districts as an accessory use, subject to
the following requirements:
Fig. 405.140-2: Vertical axis wind turbine (VAWT)
(1)
Residential district requirements.
(a)
A maximum of one
(1) VAWT is permitted per lot or one (1) per acre, whichever is greater.
(b)
Building-mounted
VAWTs shall not exceed forty (40) feet in height measured from the
base attached to the structure to the highest point on the VAWT.
(c)
The maximum height for a VAWT shall not exceed
seventy-five (75) feet measured from the base of the tower to the
highest point on the VAWT.
(d)
A VAWT shall be set back a distance of one (1.0)
times its total height from:
i.
Any public road right-of-way, unless written permission
is granted by the governmental entity with jurisdiction over the road;
ii.
Any overhead utility lines, unless written permission
is granted by the affected utility; and
iii.
All property lines, unless written permission
is granted from the affected land owner or neighbor.
(2)
Nonresidential district requirements. Multiple
VAWTs are permitted on any nonresidential lot subject to the following
requirements:
(a)
Building-mounted VAWTs shall not exceed forty (40)
feet in height measured from the base attached to the structure to
the highest point on the VAWT.
(b)
Light-pole-mounted VAWTs shall not exceed twenty-five
(25) feet in height measured from the top of the light pole to the
highest point on the VAWT.
(c)
The maximum height for a VAWT shall not exceed
seventy-five (75) feet measured from the base of the tower to the
highest point on the VAWT.
(d)
A VAWT shall be set back a distance of one (1.0)
times its total height from:
i.
Any public road right-of-way, unless written permission
is granted by the governmental entity with jurisdiction over the road;
ii.
Any overhead utility lines, unless written permission
is granted by the affected utility; and
iii.
All property lines, unless written permission
is granted from the affected land owner or neighbor.
3.
General standards for tower and VAWT systems.
a.
Lighting. A small wind-energy system or VAWT shall
not be artificially lighted unless such lighting is required by the
Federal Aviation Administration. A light temporarily used to inspect
a turbine, tower and associated equipment is permissible, provided
that said light is only used for inspection purposes and not left
on for an extended period of time.
b.
Decibel levels. Decibel levels for a small wind-energy
system or VAWT shall not exceed the lesser of sixty (60) decibels
(dBa) as measured at the closest neighboring inhabited dwelling, except
during short-term events, such as utility outages and severe wind
storms.
c.
Color. The color of the small wind-energy system
shall either be the stock color from the manufacturer or painted with
a nonreflective, unobtrusive color that blends in with the surrounding
environment. Approved colors include but are not limited to white,
off-white or gray.
d.
Signs. All signs, other than the manufacturer's
or installer's identification, appropriate warning signs, or owner
identification on a wind generator, tower, building, or other structure
associated with a small wind-energy system or VAWT visible from any
public road shall be prohibited.
e.
Code compliance. A wind-energy structure including
tower shall comply with all applicable State construction and electrical
codes, and the National Electrical Code as adopted by the City.
f.
Screening. Ground-level mechanical equipment associated
with the wind-energy system shall conform to Section 405.120(B), Screening.
4.
Other standards.
a.
The structure shall comply with all applicable Federal Aviation Administration
requirements, including but not limited to Subpart B (commencing with
Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations
regarding installations in excess of two hundred (200) feet in height
and installations close to airports. The system shall also comply
with any and all Missouri aeronautics regulations.
b.
All electrical wires associated with a wind-energy system, other
than wires necessary to connect the wind generator to the tower wiring,
the tower wiring to the disconnect junction box, and the grounding
wires shall be located underground.
c.
A VAWT tower shall be designed and installed so as to not provide
step bolts or a ladder readily accessible to the public for a minimum
height of eight (8) feet above the ground.
d.
No part of the system, including guy wire anchors, may be closer
than five (5) feet from any property boundary.
e.
Temporary meteorological (Met) towers shall be permitted under the
same standards as a small wind-energy system, except that the requirements
shall be the same as those for a temporary structure. A permit for
a temporary Met tower shall be valid for a maximum of three (3) years
after which an extension may be granted. Permanent Met towers may
be permitted under the same standards as a small wind energy system.
f.
All ground-mounted electrical and control equipment shall be labeled
or secured to prevent unauthorized access.
5.
New technology. The Director may waive the provisions
of these requirements through the alternative compliance process in
Section 405.030(H) where the availability of new technology alleviates
the issues addressed by these regulations.
6.
Decommissioning. A wind-energy system that has reached
the end of its useful life shall be removed within six (6) months
of such determination. A wind-energy system is considered to have
reached the end of its useful life when it has been inoperable for
twelve (12) consecutive months. Time extensions are allowed when good
faith efforts to repair the turbine can be demonstrated.
B.
Solar Energy Systems.
[Ord. No. 239 §1, 3-7-2016]
1.
Purpose. This Subsection is intended to promote
the compatible use of solar energy systems and to assist in decreasing
the City's dependence upon non-renewable energy systems through the
encouragement of solar energy systems for the heating of buildings
and water.
3.
Roof-mounted solar. The installation and construction
of a roof-mounted solar energy system shall be subject to the following
development and design standards:
a.
A roof- or building-mounted solar energy system may be mounted on
a principal or accessory building.
b.
A roof-mounted solar collection system shall not exceed by more than
eighteen (18) inches above the roof on which it is located, nor shall
it extend a minimum of one (1) foot below the ridge line.
c.
A solar collection system may be located on an accessory structure.
d.
The zone district height limitations of this Code shall not be applicable
to solar collectors, provided that such structures are erected only
to such height as is reasonably necessary to accomplish the purpose
for which they are intended to serve, and that such structures do
not obstruct solar access to neighboring properties.
e.
Placement of solar collectors on flat roofs shall be allowed by right,
provided that panels do not extend horizontally past the roofline.
f.
A development proposed to have a solar collection system located
on the roof or attached to a structure, or an application to establish
a system on an existing structure, shall provide a structural certification
as part of the building permit application.
4.
Ground- or pole-mounted solar. The installation
and construction of a ground-mounted or pole-mounted solar energy
system shall be subject to the following development and design standards:
a.
The height of the solar collector and any mounts shall not exceed
twenty (20) feet when oriented at maximum tilt.
b.
Any solar collector and any mounts, in a residential district, shall
not exceed the greater of one-half (1/2) the footprint of the principal
structure or six hundred (600) square feet, whichever is greater.
The size of any solar collector and any mounts in mixed use and non-residential
districts shall not exceed one-half (1/2) of the footprint of the
principal structure.
c.
The surface area of a ground- or pole-mounted system, regardless
of the mounted angle, shall be calculated as part of the overall coverage.
d.
The minimum solar energy system setback distance from the property
lines shall be equivalent to the building setback or accessory building
setback requirement of the underlying zoning district, and the system
may not be located in the front yard.
e.
All power transmission lines from a ground-mounted solar energy system
to any building or other structure shall be located underground and/or
in accordance with the building electrical code, as appropriate.
f.
All abandoned or unused freestanding solar energy systems shall be
removed within twelve (12) months of the cessation of operations.
5.
Electrical equipment. All electrical equipment associated
with and necessary for the operation of solar energy systems shall
comply with the setbacks specified for accessory structures in the
underlying zoning district.
6.
Solar panel orientation. Solar panels are designed
to absorb (not reflect) sunlight; and, as such, solar panels are generally
less reflective than other varnished or glass exterior housing pieces.
However, solar panel placement should be prioritized to minimize or
negate any solar glare onto nearby properties or roadways, without
unduly impacting the functionality or efficiency of the solar system.
7.
Administrative review process.
a.
In general. The Director, in consultation with Code
Enforcement, shall have up to fifteen (15) working days following
the submittal of a complete application to approve or deny such application.
The Director may impose such conditions and require such guarantees
deemed reasonable and necessary to protect public interest and to
ensure compliance with the standards and purposes of this Zoning Ordinance
and policies of the land use.
b.
All solar collection installations shall be performed by a qualified
solar installer, and, prior to operation, the electrical connections
shall be inspected by the Code Enforcement Director. In addition,
any connection to the public utility grid must be inspected by the
appropriate public utility.
c.
Submittal requirements. An application for a solar
energy system shall be filed on a form, approved by the Director,
with any other required documentation he or she should deem necessary.
8.
Conflict with other municipal policies and ordinances. Nothing in this Subsection does, or is intended to, abrogate the
owner's responsibility to meet all other requirements of this Code,
including, but not limited to, the preservation of private and public
views, the quality of architectural design, the preservation of historic
landmark structures, or the like.
[Ord. No. 211 § 2, 12-21-2015]
A.
General Purpose And Intent. The purpose and intent
of these regulations is to provide for the harmonious development
of the community and the surrounding area; to provide for the proper
location and width of streets, building lines, open spaces, safety
and recreation facilities, utilities, drainage, and for the avoidance
of congestion of populations through requirements of minimum lot width,
depth and area and the compatibility of design; to require and fix
the extent to which and the manner in which streets shall be graded
and improved and water, sewer, drainage, and other utility mains and
piping or connections or other physical improvements shall be installed;
and to provide for and secure the actual construction of such physical
improvements.
B.
Submission Requirements. The following information
shall be submitted for subdivision plat applications.
1.
Preliminary plat. Five (5) prints of a preliminary
plat of any proposed subdivision shall be submitted to the Planning
and Zoning Commission at least ten (10) days before the meeting at
which approval is asked. The preliminary plat shall be drawn at a
scale of one hundred (100) feet to the inch. The preliminary plat
shall show or be accompanied by the following information:
a.
The proposed name of the subdivision and names of adjacent subdivisions.
b.
The names of the owner and the engineer, surveyor or landscape architect
responsible for the survey and design.
c.
The location of boundary lines and their relation to established
section lines or fractional section lines.
d.
The location and size of existing and proposed streets, roads, lots
(approximate dimensions), alleys, water, sewer and drainage facilities,
parks, school sites and other features of the proposed subdivision.
The plan shall show the outline of adjacent properties for a distance
of at least three hundred (300) feet, and how the streets, alleys
or highways in the proposed subdivision may connect with those adjacent
which are of record.
e.
Survey showing physical features of the property, including watercourses,
ravines, bridges, culverts, present structures and other features
of importance of lot and street layout. The approximate acreage of
the property shall be indicated. Topography of the tract shall be
shown on the preliminary plan by means of contours of two-foot intervals.
f.
Approximate gradients of streets. All grades shall be based on City
datum.
g.
The current zoning classification of land within the subdivision.
h.
Center-line profiles of proposed streets may be required by the Planning
and Zoning Commission.
i.
North point, scale and date.
2.
Final Plat.
a.
After the preliminary plat has been approved by the Planning and
Zoning Commission or the Board of Aldermen on appeal, a final plat
for record shall be prepared and submitted to the Planning and Zoning
Commission for approval by that body and by the Board of Aldermen.
Five (5) prints of the plat shall be filed in the office of the Planning
and Zoning Commission at least ten (10) days prior to the meeting
at which approval is asked. The original plat shall be drawn in India
ink on linen or better and shall show or be accompanied by the following
information:
(1)
The name of the subdivision and subdivisions, the names of streets
(to conform wherever possible to existing street names), and the number
of lots and blocks in accordance with a systematic arrangement.
(2)
An accurate boundary survey of the property, with bearings and
distances, referenced to section or fractional section corners and
showing (in dotted lines) the lines of immediately adjacent streets
and alleys with their widths and names.
(3)
Location of lots, streets, public highways, alleys, parks and
other features, with accurate dimensions in feet and decimals of feet,
with the length and radii of all curves, and with all other information
necessary to duplicate the plat on the ground.
(4)
The location of building setback lines on all streets and the
location and dimension of utility and drainage easements and other
public right-of-way or access.
(5)
Dedication of all streets, public highways, alleys, parks and
other land intended for public use signed by the owner or owners and
by all other parties who have lease rights, mortgage or lien interest
in the property, together with any restrictions which are to apply
to the lots.
(6)
Certification by a registered land surveyor to the effect that
the plat represents a survey made by him/her and that all the necessary
boundary survey monuments are correctly shown thereon.
(7)
North point, scale and date.
b.
All figures and letters shown must be plain, distinct and of sufficient
size to be easily read and must be of sufficient density to make a
lasting and permanent record. When more than one (1) sheet is used,
a key map, showing the entire subdivision at smaller scale with block
numbers and street names, shall be shown on one (1) of the sheets
or on a sheet of the same size. A copy of such restrictions as may
be filed in connection with the property shall be submitted with the
final plat.
C.
Blocks, Lots And Easements.
1.
Block length.[1]
a.
Intersecting streets (which determine block length) shall be provided
at such intervals as to serve cross traffic adequately and to meet
existing streets in the neighborhood.
b.
In residential districts, where no existing plats are recorded, the
blocks shall not exceed one thousand three hundred twenty (1,320)
feet in length, except that a greater length may be permitted where
topography or other conditions justify a departure from this maximum.
c.
In blocks longer than eight hundred (800) feet, pedestrianways and/or
easements through the block may be required near the center of the
block.
d.
Such pedestrianways or easements shall have a minimum width of ten
(10) feet.
[1]
Editor's Note: See the Transportation Improvement Plan on
file in the City offices.
2.
Block width.
a.
In residential development, the block width shall normally be sufficient
to allow two (2) tiers of lots of appropriate depth.
b.
In certain instances, however, a different arrangement may be required
in order to provide better circulation or to protect a major circulation
route.
c.
Blocks intended for business or industrial use shall be of such width
and depth as may be considered most suitable for the prospective use.
3.
Lots.
a.
Minimum lot width shall be measured at the building setback line.
In addition, corner lots should have a width fifteen (15) feet greater
than the minimum width.
b.
Minimum lot depth should be one hundred (100) feet. This measurement
shall be made through the center of the lot and shall be perpendicular
to the property line or radial to the property line on curved streets.
c.
Minimum lot area shall be subject to the zoning regulations of the
district in which the subdivision is located and the minimum design
standards of this regulation. The more restrictive of the regulations
shall govern.
d.
All side lot lines shall bear between sixty degrees (60°) and
ninety degrees (90°) from the street right-of-way line on a straight
street or from the tangent of a curved street.
e.
Front building or setback shall be shown on the final plat for all
lots in the subdivision and shall not be less than the setbacks established
by the zoning regulations or any other regulations adopted by the
Board of Aldermen; the most restrictive setback requirement shall
govern.
f.
Double-frontage lots shall be avoided unless, in the opinion of the
Planning and Zoning Commission, a variation to this rule will give
better street alignment and lot arrangement.
g.
Every lot shall abut on a public street other than an alley.
h.
The subdivision or resubdivision of a tract or lot shall not be permitted
where said subdivision or resubdivision places an existing permanent
structure in violation of the requirements of the zoning regulations
or the minimum design standards of these regulations.
i.
Where possible, residential lots should not be designed to face on
arterial streets. The number of lots facing on collector streets shall
be kept to a minimum. The street pattern shall be designed so that
the side lines of lots abut arterial and collector streets wherever
land shapes and topography permit.
4.
Easements.
a.
Where alleys are not provided, permanent easements of not less than
ten (10) feet in width shall be provided on each side of all rear
lot lines and three (3) feet in width on side lot lines, where necessary,
for utility poles, wires, conduits, underground conductors, storm
and sanitary sewers, gas, water and heat mains, and other public utilities.
(1)
These easements shall provide for a continuous right-of-way.
(2)
Where the utility company or agency has the need for a wider
easement than required above for a specific location, this easement
shall be shown on the plat.
(3)
Permanent easements shall not be obstructed by structures, retaining
walls or trees.
(4)
A property owner may install fences and landscape the easement
with grass and shrubs at his/her own risk.
(5)
A twelve-foot temporary construction easement shall be provided
on each side of all lot lines for initial construction of water, sewer
and other utility lines.
b.
Drainage easements. If a subdivision is traversed
by a watercourse, drainageway or channel, then a stormwater easement
shall be provided. Such easement or right-of-way shall conform substantially
to the lines of such watercourse and shall be of such width or construction,
or both, as may be necessary to provide adequate stormwater drainage
and for access for maintenance thereof.
D.
Streets And Alleys.
1.
Relationship to adjoining street systems.
a.
The arrangement of streets in new subdivisions shall make provisions
for the continuation of the principal existing streets in adjoining
additions (or their proper projection where adjoining property is
not subdivided) insofar as they may be necessary for public requirements.
b.
The width of such streets in new subdivisions shall be not less than
the minimum street widths established herein.
c.
Alleys, when required, and street arrangements must cause no hardship
to owners of adjoining property when they plat their land and seek
to provide for convenient access to it.
d.
Whenever there exists a dedicated or platted half street or alley
adjacent to the tract to be subdivided, the other half of the street
or alley shall be platted and dedicated as a public way.
2.
Street names. Streets that are obviously in alignment
with other already existing and named streets shall bear the names
of the existing streets. Street names should not be similar to already
platted street names.
3.
Arterial streets. Arterial streets through subdivisions
shall conform to the major street plan of the Comprehensive Plan as
adopted by the Planning and Zoning Commission and the governing body.
4.
Culs-de-sac. An adequate turnaround of not less
than a one-hundred-foot diameter right-of-way shall be provided at
the closed end of a dead-end local street longer than one (1) lot
in length. Such local street segment shall not exceed five hundred
(500) feet in length from the center line of an intersection of a
cross street to the center of the cul-de-sac.
5.
Right-angle intersections. Under normal conditions,
streets shall be laid out to intersect, as nearly as possible, at
right angles. Where topography or other conditions justify a variation
from the right-angle intersection, the minimum angle shall be sixty
degrees (60°).
6.
Half streets. Half streets shall be prohibited,
except where no lots front on such half street.
7.
Alleys.
a.
Alleys may be required in commercial, industrial and residential
areas.
b.
Dead-end alleys shall be avoided, wherever possible, but if unavoidable,
such alleys shall be provided with adequate turnaround facilities
at the dead end.
c.
Alleys should be avoided in residential areas except where alleys
of adjoining subdivisions would be closed or shutoff by failing to
provide alleys in the adjoining subdivision.
8.
Street alignment. On streets with reverse curves,
a reasonable tangent shall be provided between curves to permit a
smooth flow of traffic.
9.
Street layout. Proposed streets shall conform to
topography as nearly as possible to reduce drainage problems and grades.
10.
Minimum requirements. The right-of-way grades and widths for streets and alleys dedicated and accepted shall conform to the standardized regulations of the Kansas City Metropolitan Chapter APWA, 1997 Editions, as adopted in Section 500.050.
11.
Curbing. Curbing shall be placed on all streets
within a subdivision. Curbing design shall be presented by developer
for approval by the City Engineer.
E.
Required Improvements. The subdivider shall install,
or provide for the installation of, the following improvements:
1.
Streets. The subdivider shall provide for the installation
of paved streets. All street construction shall conform to the specifications
of the Board of Aldermen, and compliance therewith shall be confirmed
by the City Engineer prior to release of surety by the Board of Aldermen.
2.
Walks. Sidewalks shall be installed on both sides
of all arterial and collector streets, and sidewalks shall be required
on both sides of the street in a commercial district. All sidewalks
shall be not less than five (5) feet in width of Portland cement concrete
and shall comply with the specifications of the City Engineer. Sidewalks
shall be located in the platted street right-of-way six (6) inches
from the property line.
3.
Storm drainage. The subdivider shall install culverts,
storm sewers, riprap slopes, stabilized ditches, and these and other
improvements shall comply with the minimum standards of the Board
of Aldermen as such plans shall be examined by the City Engineer and
approved prior to construction.
4.
Sanitary sewers and other utilities.
a.
The subdivider shall be responsible to provide for and pay the full
cost for the proper installation of all utilities, including sanitary
sewer and connection to approved treatment facilities, and water supply,
natural gas, electricity and telephone service. Such utilities shall
be installed according to the specifications of the controlling utility
company or public agency.
b.
All structures within seven hundred fifty (750) feet of a public
sewer system must utilize such public system for sewage disposal.
Structures further than seven hundred fifty (750) feet from an existing
sewer line may use a private sewage disposal system provided that
the owner of such structure can demonstrate to the satisfaction of
the Board of Aldermen that such private sewage system will function
properly given its design, the anticipated volume of sewage and the
characteristics of the site.
5.
Street signs. The City shall install street signs
at all intersections within a subdivision.
6.
Permanent monuments. Permanent monuments shall be
placed at all lot and block corners, angle points, point of curve
in streets, and at intermediate points as required prior to the final
acceptance of the plat by the City. Said permanent monuments shall
be three-fourths-inch iron bars or pipe, eighteen (18) inches long,
and shall be set with top of monument flush with existing ground line.
7.
Exceptions for existing improvements. Where the
proposed subdivision is a resubdivision or concerns an area presently
having any or all required improvements as previously set out, and
where such improvements meet the requirements of this Section and
are in good condition as determined by the Board of Aldermen upon
its consideration of the opinion of the City Engineer, no further
provision need be made by the subdivider to duplicate such improvements.
However, where such existing improvements do not meet the requirements
of this Code as determined by the Board of Aldermen upon its consideration
of the opinion of the City Engineer, the subdivider shall provide
for the repair, correction or replacement of such improvements so
that all final improvements will then meet the requirements of this
Code as determined by the Board of Aldermen upon its consideration
of the opinion of the City Engineer.
[Ord. No. 211 § 2, 12-21-2015]
A.
In case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used in violation of Sections 89.010 to 89.140, RSMo., or of any
ordinance or other regulation made under authority conferred hereby,
the proper local authorities of the City, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, conversion,
maintenance or use, to restrain, correct, or abate such violation,
to prevent the occupancy of such building, structure, or land, or
to prevent any illegal act, conduct, business, or use in or about
such premises. Such regulations shall be enforced by an officer empowered
to cause any building, structure, place or premises to be inspected
and examined and to order in writing the remedying of any condition
found to exist therein or thereat in violation of any provision of
the regulations made under authority of Sections 89.010 to 89.140,
RSMo.
B.
The owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist shall be guilty
of a misdemeanor punishable by a fine of not less than ten dollars
($10.00) and not more than one hundred dollars ($100.00) for each
and every day that such violation continues, but if the offense be
willful on conviction thereof, the punishment shall be a fine of not
less than one hundred dollars ($100.00) or more than two hundred fifty
dollars ($250.00) for each and every day that such violation shall
continue or by imprisonment for ten (10) days for each and every day
such violation shall continue, or by both such fine and imprisonment
in the discretion of the court.
C.
Any such person who having been served with an order to remove any
such violation shall fail to comply with such order within ten (10)
days after such service or shall continue to violate any provision
of the regulations made under authority of Sections 89.010 to 89.140,
RSMo., in the respect named in such order shall also be subject to
a civil penalty of two hundred fifty dollars ($250.00).
[Ord. No. 211 § 2, 12-21-2015]
A.
Composition; Terms; Vacancy; Removals. There is
hereby established within and for the City a Planning and Zoning Commission
which shall consist of not more than fifteen (15) nor fewer than seven
(7) members, including the Mayor, if the Mayor chooses to be a member;
a member of the Board of Aldermen selected by the Board, if the Board
chooses to have a member serve on the Commission; and not more than
fifteen (15) nor fewer than five (5) citizens appointed by the Mayor
and approved by the Board of Aldermen. The term of each of the citizen
members shall be for four (4) years, except that the terms of the
citizen members first appointed shall be for varying periods so that
succeeding terms will be staggered. Any vacancy in a membership shall
be filled for the unexpired term by appointment as aforesaid. The
Board of Aldermen may remove any citizen member for cause stated in
writing and after public hearing.
B.
Compensation. All citizen members of the Planning
and Zoning Commission shall serve without compensation.
C.
Officers. The Planning and Zoning Commission shall
elect a Chairman and a Secretary from among the citizen members. The
term of Chairman and Secretary shall be for one (1) year with eligibility
for reelection.
D.
Meetings; Rules; Records. The Planning and Zoning
Commission shall hold regular meetings and special meetings as it
provides by rule and shall adopt rules for the transaction of business
and keep a record of its proceedings. These records shall be public
records.
E.
Expenditures. The expenditures of the Planning and
Zoning Commission, exclusive of grants and gifts, shall be within
amounts appropriated for the purposes of the Board of Aldermen.
F.
Duty Of Public Officials To Furnish. All public
officials shall upon request furnish to the Planning and Zoning Commission,
within a reasonable time, all available information it requires for
its works.
G.
General Powers. In general, the Planning and Zoning
Commission shall have the power necessary to enable it to perform
its functions and promote City planning. The Planning and Zoning Commission
shall have the power to perform all of the functions of the Zoning
Commission provided for in Chapter 89, RSMo., and shall have and perform
all of the functions of a Planning Board as outlined in such chapter.
[Ord. No. 211 § 2, 12-21-2015]
A.
Established; Membership; And Terms. A Board of Adjustment
is hereby established in accordance with the provisions of the Statutes
of Missouri regarding the zoning of cities. The word "Board," when
used in this Chapter, shall be construed to mean the Board of Adjustment.
The Board of Adjustment shall consist of five (5) members who shall
be freeholders. The membership of the first Board appointed shall
serve respectively one (1) for one (1) year, one (1) for two (2) years,
one (1) for three (3) years, one (1) for four (4) years, and one (1)
for five (5) years. Thereafter, members shall be appointed for terms
of five (5) years each. All members shall be removable for cause by
the appointing authority upon written charges and after public hearings.
Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant. The Board shall elect its own Chairman who shall
serve for one (1) year. Meetings of the Board shall be held at the
call of the Chairman and at such other times as the Board may determine.
B.
Proceedings. Such Chairman or, in his/her absence,
the Acting Chairman may administer oaths and compel the attendance
of witnesses. All meetings of the Board shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote
of each member upon question or, if absent or failing to vote, indicating
such fact and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of
the Board and shall be public records. All testimony, objections thereto
and rulings thereon shall be taken down by a reporter employed by
the Board for that purpose.
C.
Powers. The Board of Adjustment shall have the following
powers:
1.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
official in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which it is
required to pass under this Chapter.
3.
To hear and decide requests for variances from these regulations
where there are practical difficulties or unnecessary hardship in
the way of carrying out the strict letter of this Chapter so that
the spirit of the Chapter shall be observed, public safety and welfare
secured and substantial justice done.
[Ord. No. 211 § 2, 12-21-2015; Ord. No. 379, 9-16-2019]
A.
Rules Of Construction. The following words, terms and phrases, when
used in this Code, shall have the meanings ascribed to them in this
Chapter, except where the context clearly indicates a different meaning.
The term "building" shall include the term "structure." The term "lot"
shall indicate an area that has been platted or mapped, and may include
the term "plot" or "parcel." The term "zone" shall mean "district."
In addition, the following general rules of construction shall apply:
1.
Meanings And Intent. All provisions, terms, phrases and expressions
contained in this Code shall be construed according to this Code's
stated purpose and intent. All provisions, terms, phrases, and expressions
contained in this Code shall be construed according to the general
purposes set forth in Section 405.020(G)(7) and the specific purpose
statements set forth throughout this Code. When, in a specific Section
of this Code, a different meaning is given for a term defined for
general purposes in this Chapter, the specific Section's meaning and
application of the term shall control.
2.
Headings, Illustrations And Text. In the event of a conflict or inconsistency
between the text of this Code and any heading, caption, figure, illustration,
table or map, the text shall control.
3.
Lists And Examples. Unless otherwise specifically indicated, lists
of items or examples that use terms such as "for example," "including,"
and "such as," or similar language are intended to provide examples
and shall not be interpreted as exhaustive lists of all possibilities.
4.
Computation Of Time. The time in which an act is to be done shall
be computed by excluding the first day and including the last day.
If a deadline or required date of action falls on a Saturday, Sunday
or holiday observed by the City, the deadline or required date of
action shall be the next day that is not a Saturday, Sunday or holiday
observed by the City. References to days are calendar days unless
otherwise stated.
5.
References To Other Regulations/Publications. Whenever reference
is made to a resolution, ordinance, statute, regulation or document,
it shall be construed as a reference to the most recent edition of
such regulation, resolution, ordinance, statute, regulation or document,
unless otherwise specifically stated.
6.
Delegation Of Authority. Any act authorized by this Code to be carried
out by a specific official of the City may be carried out by a designee
of such official.
7.
Technical And Nontechnical Terms. Words and phrases not otherwise
defined in this Code shall be construed according to the common and
approved usage of the language, but technical words and phrases not
otherwise defined in this Code that may have acquired a particular
and appropriate meaning in law shall be construed and understood according
to such meaning.
B.
Interpretation.
1.
Mandatory And Discretionary Terms. The words "shall," "must," or
"will" are always mandatory, and the words "may" or "should" are always
discretionary.
2.
Conjunctions. Unless the context clearly suggests the contrary, conjunctions
shall be interpreted as follows:
3.
Tenses And Plurals. Words used in one (1) tense (past, present, or
future) include all other tenses, unless the context clearly indicates
the contrary. The singular shall include the plural, and the plural
shall include the singular.
4.
Interpretation. The Director has authority to determine the interpretation
or usage of terms used in this Code. Appeal of an interpretation made
by the Director shall be to the Planning and Zoning Commission.
5.
Undefined Terms. The Director has the authority to provide the definition
for a term where it is not defined in this Code. Appeal of a definition
provided by the Director shall be to the Planning and Zoning Commission.
C.
ABANDON
ACCESSORY BUILDING
ACCESSORY USE
AGRICULTURAL USE
ALLEY
ALTERATION
ALTERNATIVE FINANCIAL SERVICES
ANIMAL RAISING
ANIMAL SERVICES
ASSEMBLY
AUCTION HOUSE
BASEMENT
BLOCK
BOARD
BOARD OF ADJUSTMENT
BREWERY, DISTILLERY OR WINERY
BREWPUB
BUILDING
BUILDING HEIGHT
CHILD DAY CARE CENTER
CHURCH or PLACE OF WORSHIP
CITY ENGINEER
COGENERATION FACILITY
COMMON AREA
COMMON OPEN SPACE
COMMUNITY SERVICES
COMMUNITY SUPPORT SERVICES
COMPREHENSIVE PLAN
CONDOMINIUM
CONFERENCE CENTER
CONGREGATE LIVING FACILITY/SENIOR HOUSING
CUL-DE-SAC
DATA CENTER
DAY-CARE CENTER
DAY-CARE NURSERY
DEMOLITION
DENSITY
DESIGN
DIGITAL PRODUCTION
DIRECTOR
DISTRICT
DOG
DWELLING
DWELLING FOR THE ELDERLY AND/OR HANDICAPPED
DWELLING, ACCESSORY DWELLING UNIT
DWELLING, LIVE/WORK
DWELLING, LOFT
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY ATTACHED
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, TOWNHOUSE/ROW HOUSE
DWELLING, TWO-FAMILY OR DUPLEX
EARTH-SHELTERED RESIDENCE
EASEMENT
EDUCATIONAL FACILITY
ENERGY PRODUCTION, RENEWABLE
EROSION
FACADE
FAMILY
FARMERS' MARKET
FILL
FINAL PLAT
FINANCIAL SERVICES
FLOOR AREA
FOOD AND BEVERAGE PREPARATION
FOOD TRUCK
FOSTER HOME
FRONTAGE
GASOLINE SERVICE STATION
GOVERNING BODY
GROUP CARE HOME
GROUP LIVING
HEADSHOP
HEALTH CARE FACILITY
HISTORIC PROPERTY
1.
2.
3.
4.
HOME OCCUPATION
HOOKAH or SHISHA
HOOKAH PARLOR or LOUNGE
HOSPICE
HOTEL
HOUSEHOLD LIVING
IMPROVEMENTS
INDUSTRIAL SERVICE
KENNEL, BOARDING
KENNEL, BREEDING
LOT
LOT OF RECORD
LOT, CORNER
LOT, DEPTH OF
LOT, DOUBLE-FRONTAGE
LOT, ZONING
MAINTENANCE AND REPAIR, GENERAL
MANUFACTURED HOME
MANUFACTURING, ARTISAN
MANUFACTURING, GENERAL
MANUFACTURING, HEAVY
MARIJUANA or MARIHUANA
MARIJUANA-INFUSED PRODUCTS
MARIJUANA, MEDICAL CULTIVATION FACILITY
MARIJUANA, MEDICAL DISPENSARY FACILITY
MARIJUANA-INFUSED, MEDICAL PRODUCTS MANUFACTURING FACILITY
MARIJUANA, MEDICAL TESTING FACILITY
MARIJUANA, MEDICAL: PRIMARY CAREGIVER
MARIJUANA, MEDICAL: QUALIFYING PATIENT
MARIJUANA OVERLAY DISTRICT
MEDICAL CLINIC
MICROBREWERY
MOBILE HOME
MOBILE HOME PARK
MOBILE HOME SPACE
MODULAR HOME
NONCONFORMING LOT OF RECORD
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSING HOMES or CONVALESCENT HOMES
OFFICE, BUSINESS AND PROFESSIONAL
OPEN SPACE
PARKS AND OPEN SPACE
PEDESTRIANWAY
PERSONAL SERVICES, GENERAL
PLANNING AND ZONING COMMISSION
PRELIMINARY PLAT
PRIVATE CLUB
PROHIBITED USE
RECREATION AND ENTERTAINMENT, INDOOR
RECREATION AND ENTERTAINMENT, OUTDOOR
RELIGIOUS ASSEMBLY
RESTAURANT
RESTAURANT, DRIVE-IN
RETAIL SALES
RETAIL SALES, LARGE-SCALE, GENERAL
RETAIL SALES, SMALL-SCALE, GENERAL
SALVAGE YARD
SETBACK LINE
SHELTER FACILITY
SHELTER, ANIMAL
SIGHT TRIANGLE
SIGN
SOLAR ARRAY
STREET
STREET LINE
STREET NETWORK
STRUCTURAL ALTERATIONS
STRUCTURE
SUBDIVIDER
SUBDIVISION
TAVERN
TEMPORARY METEOROLOGICAL (MET) TOWER
URBAN AGRICULTURE/COMMUNITY GARDEN
UTILITY, MAJOR FACILITY
UTILITY, MINOR FACILITY
VEHICLES AND EQUIPMENT
VISITOR ACCOMMODATION
WHOLESALE SALES AND DISTRIBUTION, GENERAL
WIND-ENERGY SYSTEM, COMMERCIAL
WIND-ENERGY SYSTEM, SMALL
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONE OR DISTRICT
ZONING ADMINISTRATOR
ZONING AREA
Definitions. As used in this Chapter, the following terms shall have
the meanings indicated:
To discontinue a use for more than a specified period of
time, or to vacate a right-of-way, easement or other interest in real
property.
A subordinate building which serves a function customarily
incidental to that of the main building. Customary accessory buildings
include garages, carports and small storage sheds.
A subordinate use which serves an incidental function to
that of the main use of the premises. Customary accessory uses include
tennis courts, swimming pools, air conditioners, barbecue ovens and
fireplaces.
The use of a tract of land of not less than five (5) acres
for the growing of crops, pasturage, nursery, or the raising of poultry,
including the structures necessary for carrying out farming operations
and the residence or residences of those owning or operating the premises,
a member of the family thereof, or persons employed thereon and the
family thereof, but such use shall not include feedlots as defined
by State Statute.
A dedicated public right-of-way, other than a street, which
provides only a secondary means of access to abutting property, the
right-of-way of which is twenty (20) feet or less in width.
As applied to a building or structure, is a change or rearrangement
in the structural parts of an existing building or structure. Enlargement,
whether by extending a side, increasing in height, or the moving from
one location or position to another, shall be considered as an alteration.
Provision of nonbank financial services, such as check cashing,
payday advance or loan, money transfer, motor vehicle title loan,
or credit access businesses. An alternative financial services establishment
does not include State or Federally chartered banks, savings and loans,
and credit unions. An alternative financial services establishment
does not include an establishment that provides financial services
that are accessory to another main use.
A facility or area for raising animals (including fish, birds
and bees) and the development of animal products, such as meat, fur
or eggs on a commercial basis. Typical uses include beef, horse or
sheep ranching; piggeries; poultry; dairy; and fish farming. This
use does not include raising animals to sell as pets.
The boarding and care of animals on a commercial basis. Accessory
uses may include confinement facilities for animals, parking and storage
areas.
A room or place such as a ballroom, auditorium, party room,
gaming room or convention hall that is intended or used to accommodate
people in a group.
An establishment where the real or personal property of others
is sold by a broker or auctioneer to persons who attend scheduled
sales or events.
Any story of a building having more than one-half (1/2) of
its height below grade and which serves as substructure or foundation
for the remainder of the building.
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railroad rights-of-way or parks, etc., or a combination
thereof.
Board of Aldermen of the City of Warsaw.
That Board which has been created by the governing body having
jurisdiction and which has the statutory authority to hear and determine
appeals and variances to the zoning regulations.
An establishment that produces alcoholic beverages in conjunction
with a restaurant, retail sales or tasting room. The liquor may be
distributed to other locations and be sold on site.
An establishment where beer and malt beverages are made on
the premises in conjunction with a restaurant or bar and where forty
percent (40%) or more of the beer produced on site is sold on site.
Where allowed by law, brewpubs may sell beer to go and/or distribute
to off-site accounts.
Any structure designed or intended for the enclosure, shelter
or protection of persons, animals or property.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof;
the deck line of a mansard roof; and to the average height between
the plate and ridge of a gable, hip or gambrel roof.
A child day care center, whether known or incorporated under
another title or name, is a child care program conducted in a location
other than the provider's permanent residence, or separate from the
provider's living quarters, and licensed by the Department of Health
and Senior Services of the State of Missouri where care is provided
for children not related to the child care provider for any part of
the twenty-four-hour day.
At a minimum, a church includes a body of believers or communicants
that assembles regularly in order to worship. Unless the organization
is reasonably available to the public in its conduct of worship, its
educational instruction, and its promulgation of doctrine, it cannot
fulfill the associational role that Courts have increasingly adopted
as a threshold for determining when an organization qualifies as a
church. The definition of the word church includes synagogues and
mosque.
The person responsible to perform the duties of the City
Engineer, including any and all special engineers as appointed by
the governing body.
A structure in which electricity or mechanical power and
thermal energy (heating or cooling) are generated from a single fuel
source.
An area, including all improvements, designed for the use
and enjoyment of residents in or users of a residential or nonresidential
structure.
An area of land or water or combination thereof planned for
passive or active recreation, which does not include areas utilized
for streets, alleys, driveways or private roads, off-street parking
or loading areas. However, the area of recreational activities such
as swimming pools, tennis courts, shuffleboard courts, etc., may be
included as common open space.
Buildings, structures or facilities owned, operated or occupied
by a governmental entity or nonprofit organization to provide a service
to the public.
Community-based organizations focused on improving the quality
of life for community residents.
The Warsaw Comprehensive Plan, as amended.
A single dwelling unit under individual ownership within
a multiple-dwelling-unit structure. A multiple-family structure with
two (2) condominiums shall be considered a two-family dwelling and
a structure with more than two (2) condominiums shall be considered
a multiple-family dwelling.
A facility used for conferences and seminars which may include
accommodations for sleeping, food preparation and eating, recreation,
entertainment, resource facilities and meeting rooms.
A noninstitutional, independent group living environment
that integrates shelter and service needs of functionally impaired
and/or socially isolated elders who do not need institutional supervision
and/or intensive health care.
A vehicular turnaround which is located at the closed end
of a dead-end street or alley.
A facility whose primary service is data processing and is
used to house computer systems and associated components, such as
telecommunications and storage systems, including but not limited
to web hosting organizations and Internet service organizations. A
server farm, telecom hotel, carrier hotel, telehouse co-location center,
or any other term applicable to facilities which are used for these
specified purposes shall be deemed to be a data center.
A building or place where care, supervision, custody or control
is provided for more than four (4) unrelated children or adults for
any part of a twenty-four-hour day up to twelve (12) hours.
A residence or building in which care, supervision, custody
or control is provided for four (4) or fewer unrelated children or
adults for any part of a twenty-four-hour day up to twelve (12) hours.
Babysitting service for four (4) or fewer infants shall be considered
a day-care nursery.
The razing or destruction, whether entirely or in significant
part, of a building, structure, site, or object, and includes the
removal of the building, structure, or object from its site or the
removal or destruction of the facade or surface.
The number of dwelling units allowed on a site based on the
gross acreage of the site.
The location of streets, alignment of streets, grades and
widths of streets, alignment of easements, grades and widths of easements,
alignment and rights-of-way for drainage and sanitary sewers and the
designation of minimum lot area, width and length.
Uses focused on digital production, such as software and
internet content development and publishing; computer system design
and programming; and graphic and industrial design.
The City of Warsaw City Administrator/Planner or his or her
designee.
A section or sections of the zoning area for which these
regulations governing the use of land, the height of buildings, the
size of yards and the intensity of use are uniform.
Any canine species over twelve (12) months of age.
A building or portion thereof, not including mobile homes,
which is designated and used exclusively for residential purposes.
A two-family or multiple-family residential building having
accommodations for and occupied exclusively by elderly or handicapped
residents and necessary maintenance personnel. Elderly residents are
those people who are at least sixty-two (62) years of age. Handicapped
persons are those people having an impairment which is expected to
be of long, continuous and indefinite duration, is a substantial limitation
to their ability to live independently, and is of a nature that such
ability could be improved by more suitable housing.
A residential unit that is located on the same lot as a single-family
dwelling unit, either internal to or attached to the single-family
unit or in a detached structure. The accessory dwelling unit shall
be a complete housekeeping unit with a shared or separate entrance,
and separate kitchen, sleeping area, closet space, and bathroom facilities.
A use that combines a commercial activity allowed in the
zone with a residential living space for the owner of the commercial
business or the owner's employee and that person's household where:
A residential dwelling that is located above the ground floor
of a multistory building.
A residential building having accommodations for and occupied
exclusively by more than three (3) or more families independently.
A portion of a residential building having accommodations
for and occupied exclusively by one (1) family and which is located
on a separate lot of record apart from the remaining portions of the
building. Each such dwelling may be sold independent of other portions.
Typical structures include duplex and townhouse.
A residential building having accommodations for and occupied
exclusively by one (1) family and that is not attached to any other
dwelling by any means.
A building that has two (2) or more single-family dwelling
units erected in a row as a single building on adjoining lots, each
unit being separated from the adjoining unit(s) by a fire wall (to
be constructed in accordance with building code requirements) along
the dividing lot line, and each such building being separated from
any other building by space on all sides. Each individual townhouse
unit has individual front and rear access to the outside. Townhouse
units are typically surrounded by common areas owned and maintained
by a property owners' association.
A residential building having accommodations for and occupied
exclusively by two (2) families independently.
A residence designed as a complete structure below or partially
below ground level, whose perimeter walls comply with the yard requirements
of the district in which it is located, and which was not intended
to serve a substructure or foundation for a building.
A grant by the property owner to the public, a corporation
or persons of the use of a strip of land for specific purposes.
Public, private, and parochial institutions at the primary,
elementary, middle, high school, or post-secondary level, or trade
or business schools, that provide educational instruction to students.
Accessory uses include play areas, cafeterias, recreational and sport
facilities, auditoriums, and before- or after-school day care.
Energy produced from resources that are regenerative or for
all practical purposes cannot be depleted.
The process by which land surface is worn away by the action
of water, wind, ice or gravity.
The side of a building below the eaves.
One (1) or more persons related by blood, marriage or adoption
living together as a single housekeeping unit; or a group of not more
than four (4) unrelated persons living together as a single housekeeping
unit, plus in either case, usual domestic servants. A family shall
under no circumstances be construed as a boardinghouse, fraternity
or sorority house, club, lodging house, hotel, motel or commune.
An outdoor market open to the public, operated by a governmental
agency, a nonprofit corporation, or one (1) or more producers.
A portion of land surface to which soil or other solid material
has been added; the depth above the original ground.
A plan or map prepared in accordance with the provisions
of this regulation and those of any other applicable local regulation,
which plat is prepared to be placed on record in the office of the
Recorder of Deeds of the County.
Establishments that provide retail banking services, mortgage
lending, and similar financial services to individuals and businesses.
Accessory uses may include automatic teller machines, offices and
parking. The use may or may not be allowed to have a drive-through
facility, depending on the zone district.
For computing off-street parking requirements, shall mean
the gross floor area of the building measured from the exterior face
of the exterior walls or from the center line of walls separating
two (2) buildings and shall include the following areas:
Businesses that serve prepared food or beverages for consumption
on or off the premises. Accessory uses may include food preparation
areas, offices and parking. Specific use types include: bakery products;
beverage manufacturing, nonalcoholic; candy and other confectionary
products; canning and preserving of fruits, vegetables and seafood;
coffee roasting and coffee products; and dairy products.
Licensed motorized vehicle or mobile food unit from which
food items are sold to the general public.
A residence or building in which more than twelve-hour care
is provided to no more than five (5) children, two (2) or more of
whom are unrelated to the foster parents. Foster homes shall be permitted
in all residential structures, the same as would a family.
The length of the property abutting on one side of a street
measured along the dividing line between the property and the street.
A service station shall consist of a building or group of
buildings and surfaced area where automotive vehicles may be refueled
and serviced. Self-service pumps without buildings shall also be included.
Such service shall not include tire recapping, body repairs or major
overhaul.
The Board of Aldermen of Warsaw, Missouri.
A residence or building in which twelve- to twenty-four-hour
care is provided to more than five (5) children or adults, any three
(3) of which are unrelated.
This category is characterized by residential occupancy of
a structure by a group of people who do not meet the definition of
"household living." Tenancy is arranged on a monthly or longer basis,
and the size of the group may be larger than a family. Generally,
group living structures have a common eating area for residents. The
residents may receive care, training, or treatment, and caregivers
may or may not also reside at the site. Accessory uses commonly include
recreational facilities and vehicle parking for occupants and staff.
A retail outlet that specializes in selling or advertising
for sale paraphernalia for the consumption of tobacco and cannabis.
Characterized by activities focusing on medical services,
particularly licensed public or private institutions that provide
primary health services and medical or surgical care to persons suffering
from illness, disease, injury, or other physical or mental conditions.
Accessory uses may include laboratories, outpatient or training facilities
and parking or other amenities primarily for the use of employees
in the firm or building.
A structure, site or work of art, including the adjacent
area necessary for the proper appreciation or use thereof, deemed
worthy of preservation by reason of its value to Warsaw, the region,
or Missouri for one (1) or more of the following reasons:
It is a landmark;
It is a structure representative of its era that is part of
the historic downtown area of Warsaw;
It is one (1) of a few remaining examples of a past architectural
style; or
It is a site of natural or aesthetic interest that is continuing
to contribute to the cultural or historic development and heritage
of Warsaw, the region, or the State of Missouri.
A business, profession, service or trade conducted for gain
or support entirely within a residential building.
A water pipe in which flavored tobacco is burnt using charcoal.
The smoke is passed through an ornate water vessel and inhaled through
a hose.
An establishment where patrons may purchase or consume hookah
or shisha alone or communally.
A facility that provides twenty-four-hour nursing and supportive
care and other services in a home-like setting to persons who have
a medical diagnosis of terminal illness.
A building or portion thereof or a group of buildings used
as a transient abiding place which may or may not serve meals, and
whether such establishments are designated as a hotel, inn, automobile
court, motel, motor inn, motor lodge, motor court, tourist cabin,
tourist court or other similar designation.
This use category is characterized by residential occupancy
of a dwelling unit by a household. Tenancy is arranged on a month-to-month
or longer basis. Common accessory uses include recreational activities,
raising of pets, gardens, personal storage buildings, hobbies, and
parking of the occupants' vehicles.
Street work, utilities, sidewalks, drainage structures and
other physical modifications which are to be installed or constructed
by the subdivider for the benefit of the lot owners and for the proper
development of the community as a condition precedent to the approval
and acceptance of the final plat.
Industrial service firms are engaged in the repair or servicing
of agricultural, industrial, business, or consumer machinery, equipment,
products, or by-products. Contractors and similar uses perform services
off-site. Few customers come to the site. Accessory activities may
include sales, offices, parking and storage.
Any place, area, building, or structure where dogs [including
those under one (1) year of age] are boarded, housed, cared for, fed
or trained by other than the owner.
Any place, area, building or structure where more than four
(4) dogs are kept for purposes of breeding, raising or as pets.
Real estate in the original town, now City, additions thereto
or subdivisions in the City of Warsaw, that is a platted lot, or contiguous
lots or contiguous portions thereof or contiguous unplatted tracts
that have identical ownership. Land shall not be deemed contiguous
if completely separated by a street, road or alley or only joined
at a corner.
A lot which is a part of a subdivision, the plat of which
has been recorded in the office of the Register of Deeds; or a lot
described by metes and bounds, the description of which has been recorded
in the office of the Register of Deeds prior to the adoption of this
regulation.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and the rear
lot lines.
A lot having a frontage on two (2) nonintersecting streets
as distinguished from a corner lot.
A parcel or tract of land used, developed or built upon as
a unit under single ownership or control. Said parcel or tract may
consist of one (1) or more lots of record, one (1) or more portions
of a lot or lots or record or any combination thereof.
An establishment, whether for consideration or not, that
provides maintenance and repair services such as:
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Appliance repair
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Electrical repair services except radio and television
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Furniture repair and reupholstery
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Fur repair and storage
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A factory-built structure that is manufactured or constructed
under the authority of 42 U.S.C. § 5401 and is to be used
as a place for human habitation but which is not constructed or equipped
with a permanent hitch or other device allowing it to be moved other
than for the purpose of moving to a permanent site, and which does
not have permanently attached to its body or frame any wheels or axles.
A mobile home is not a manufactured home.
Spaces used by artists for the creation of art or the practice
of their artistic endeavors.
Establishments involved in the manufacturing, processing,
fabrication, packaging, or assembly of goods. Natural, constructed,
raw, secondary, or partially completed materials may be used. Products
may be finished or semifinished and are generally made for the wholesale
market, for transfer to other plants, or to order for firms or consumers.
Goods are generally not displayed or sold on site, but if so, such
activity is a subordinate part of sales. Relatively few customers
come to the manufacturing site. Accessory activities may include retail
sales, offices, cafeterias, parking, employee recreational facilities,
warehouses, storage yards, repair facilities, truck fleets, and caretaker's
quarters. Specific use types include:
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Apparel and accessories
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Athletic, amusement and sporting goods and toys
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Books, publishing and printing
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Boxes and paperboard containers
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Brooms and brushes
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Building paper and building board
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Cabinetmaking
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Carpet and rug
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Clocks, watches, clockwork-operated devices and parts
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Commercial equipment
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Cosmetics, perfumes and other toiletries
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Costume jewelry, novelties, buttons and miscellaneous notions
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Cotton, man-made fibers, silk, and wool weaving and manufacturing
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Drugs and biological products
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Electronic components and accessories
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Engineering, laboratory, and scientific instruments and equipment
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Fur goods
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Furniture
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Handbags and other personal leather goods
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Grain mill products
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Hats, caps, and millinery
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Ice manufacturing
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Instruments manufacturing
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Knit goods
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Leather gloves and mittens
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Luggage
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Machine shop
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Medical and dental instruments and apparatus
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Millwork
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Mortician's goods
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Musical instruments and parts
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Noodles, macaroni, spaghetti, and vermicelli
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Office, computing, and accounting machines
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Ophthalmic goods
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Optical instruments and lenses
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Orthopedic, prosthetic, and surgical appliances and upplies
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Paperboard
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Paper products
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Pens, pencils, and other office and artists' materials
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Photographic equipment and supplies
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Plywood and veneer
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Porcelain electrical supplies
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Pottery
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Prefabricated wooden buildings and structural members
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Printing, commercial
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Printing and publishing of books
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Printing and publishing of periodicals
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Pattern shop
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Photoengraving and electrotyping
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Pulp manufacturing
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Rubber footwear
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Sawmills and planing mills, general
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Shades and venetian blinds
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Shoes
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Signs and advertising displays
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Silverware and plated ware
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Steel wire drawing, steel nails and pipes
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Sugar refining
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Textile goods manufacturing and fabricating
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Tobacco
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Umbrellas, parasols, and canes
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Vitreous china fixtures, china, and bathroom accessories
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Wooden containers
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Wool preserving
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Yarns and threads
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A facility or area for generally mass producing goods usually
for sale to wholesalers or other industrial or manufacturing uses.
Specific use types include:
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Aircraft and parts
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Appliances and electronics (household)
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Automobile and other motor vehicle equipment
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Brick and structural clay products
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Cleaning, polishing and sanitation preparation (except soap)
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Concrete products
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Dyeing and finishing of textiles
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Electrical transmission and distribution equipment
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Electric lighting and wiring equipment
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Electrometallurgical products and processing
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Extrusion, drawing and rolling of nonferrous metals
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Fabricated metal products
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Foundries iron and steel
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Foundries, nonferrous metals
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Fur dressing and dyeing
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Glass and glassware
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Glass, flat
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Gum and wood chemicals
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Greases and lubricating oils
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Gypsum products
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Hardware dimension and flooring
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Leather tanning and products
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Lime products
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Linoleum, asphalted felt-base, and other hard surface floor
covering
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Machinery and equipment
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Meat products
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Mobile homes
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Motorcycles, bicycles, and parts
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Paving mixtures
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Plastics and synthetic resins, synthetic rubber, and other man-made
fibers
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Plastic products
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Oil milling
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Petroleum refining
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Railroad equipment
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Reclaiming rubber
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Rubber products fabrication
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Shortening, table oils, margarine, and other edible fats and
oils
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Soaps and detergents (except specialty cleaners)
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Steel works, blast furnaces and the rolling of ferrous metals
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Stone products and cut stone
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Tires and inner tubes
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Smelting and refining of nonferrous materials
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Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seeds thereof and resin extracted from the plant and marijuana-infused
products. Marijuana does not include industrial hemp containing a
crop-wide average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent (0.3%) on a dry weight basis, or
commodities or products manufactured from industrial hemp.
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Chapter to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
faculty, or a medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana testing
facility, or another medical marijuana-infused products manufacturing
facility.
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's application
for an identification card.
A Missouri residence diagnosed with at least one (1) qualifying
medical condition per State of Missouri regulations.
Authorized uses as provided for in 405.050-1 Table, and further
described as follows:
Commencing at the intersection of the most northern point
of the City limits of the City of Warsaw that intersects with the
City limits bordering the western side of State Highway 65; thence
run south along the City limit border most adjacent to State Highway
65 to the most eastern point of a tract of land lying south of State
Highway 7, containing fourteen (14) acres, and following said tract
to the most south eastern point; then following the property line
of said fourteen (14) acre tract west to the southwest point of said
fourteen (14) acre tract and continuing across Commercial Street to
the most southwest corner of a tract containing four and three-tenths
(4.3) acres; thence run north along the western border of said four
and three-tenths (4.3) acre tract and continue north along the western
border of a tract containing three and eight-tenths (3.8) acres (the
current location of Orschein Farm and Home); continue north across
State Highway 7 following the eastern border of a tract containing
six and five-tenths (6.5) acres; continue north along the eastern
border of a tract containing twenty-seven (27) acres, inclusive of
the area lying east of Tower Drive, and continue north along the eastern
border of said tract to the most north east point; then west along
the northern border of said twenty-seven (27) acre tract to the City
limits of the City of Warsaw; thence North along the border of the
City limits of Warsaw, crossing Polk Street, and continue north along
the eastern border of a nineteen (19) acre tract to the U.S. Access
Road; then crossing the U.S. Access Road; thence east along the northern
border of the U.S. Access Road to Commercial Street, lying north of
the U.S. Access Road, thence north along Commercial Street to the
most northerly border of the City limits of Warsaw; thence east to
the point of beginning.
Any building designed for use by one (1) or more persons
lawfully engaged in the diagnosis, care and treatment of physical
or mental diseases or ailments of human beings, including, but not
limited to, doctors of medicine, dentists, chiropractors, osteopaths,
optometrists, podiatrists, and in which no patients are lodged overnight,
but which may include an apothecary.
An establishment where beer and malt beverages are made on
the premises and then sold or distributed, and which produces fewer
than fifteen thousand (15,000) barrels [a barrel is approximately
thirty-one (31) gallons] of beer per year. Microbreweries sell to
the public by one (1) or more of the following methods:
A transportable, factory-built home more than eight (8) feet
in width and more than thirty-six (36) feet in length designed to
be used as a year-round residential dwelling and built prior to the
enactment of the Federal Manufactured Housing Construction and Safety
Standards of 1974, which became effective June 15, 1976, and equipped
with the necessary service connections and made so as to be readily
movable as a unit on its own running gear and designed to be used
as a dwelling unit without a permanent foundation.
Any area, piece, parcel, tract or plot of ground equipped
and required for support of mobile homes and used or intended to be
used by one (1) or more occupied mobile homes, but under no circumstance
shall the mobile home spaces be sold or offered for sale individually.
The term "mobile home park" does not include sales lots on which unoccupied
mobile homes, whether new or used, are parked for the purposes of
storage, inspection or sale.
A plot of ground within a mobile home park which can accommodate
one (1) mobile home and which provides the necessary utility services
for water, sewerage and electricity.
Factory-built housing bearing the seal issued by the Missouri
Public Service Commission indicating compliance with the State of
Missouri Modular Standards and Regulations for Modular Homes.
An unimproved lot which is part of a recorded subdivision
or a parcel of land, the deed to which was recorded prior to the adoption
of these regulations and neither said lot nor parcel complies with
the lot width or area requirements for any permitted use in the district
in which it is located.
An existing structure which does not comply with the height
or yard requirements which are applicable to new structures in the
zoning district in which it is located.
An existing use of a structure or of land which does not
comply with the use regulations applicable to new uses in the zoning
district in which it is located.
An institution or agency licensed by the State for the reception,
board, care or treatment of three (3) or more unrelated individuals,
but not including facilities for the care and treatment of mental
illness, alcoholism or narcotics addiction.
A facility that provides executive, management, administrative
or professional services not specifically listed elsewhere in this
Code, but not involving the sale of merchandise except as incidental
to a permitted use. Examples include:
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Accounting and bookkeeping;
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Advertising
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Armed Forces reserve enter
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Business and management consulting services
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Business office not elsewhere listed
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Business associations
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Computer-generated graphics for signage and advertising displays
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Credit reporting, adjustment, and collection services
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Detective and protective services
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Employment services
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Engineering, planning, and architectural professional services
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Executive, legislative and judicial functions
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Insurance agents and brokers services
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Investment and holding services
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Labor unions and similar labor organizations;
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Legal services
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Motion picture distribution
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News syndicate services
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Professional offices not elsewhere listed
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Security and commodity brokers, dealers, exchanges, and services
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Real estate agents, brokers, and abstracting services
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Social, correctional, treatment, and counseling services
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Stenographic, duplicating, and mailing services
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Welfare and charitable services
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An area of land or water or combination thereof planned for
passive or active recreation but does not include areas utilized for
streets, alleys, driveways or private roads, off-street parking or
loading areas, or required front, rear or side yards.
Park and open space uses focus on natural areas, large areas
consisting mostly of vegetative landscaping or outdoor recreation,
community gardens, or public squares. Lands tend to have few structures.
Accessory uses may include clubhouses, playgrounds, maintenance facilities,
concessions, caretaker's quarters and parking.
A right-of-way dedicated to public use which cuts across
a block to facilitate pedestrian access to adjacent streets and properties.
Establishments that provide individual services related to
personal needs directly to customers at the site of the business,
or that receive goods from or return goods to the customer, which
have been treated or processed at that location or another location.
Specific use types include:
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Alteration, tailoring and garment repair
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Barber and beauty services
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Dry cleaning and laundering
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Lapidary work
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Locksmith
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Photographic studio and services
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Shoe repair, shoe shining, and hat cleaning
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The Warsaw, Missouri, Planning and Zoning Commission.
A map made for the purpose of showing the design of a proposed
subdivision and the existing conditions in and around it; this map
need not be based on accurate or detailed final survey of the property.
A nonprofit association of persons who are bona fide members
paying annual dues which owns, hires or leases a building or premises
or portion thereof, the use of such building or premises being restricted
to members and their guests. The affairs and management of such private
club are conducted by a Board of Directors, Executive Committee or
similar body chosen by the members at their annual meeting. It shall
be permissible to serve goods and meals on such premises, provided
that adequate dining room space and kitchen facilities are available.
The sale of alcoholic beverages to members and their guests shall
be allowed, provided that it is secondary and incidental to the promotion
of some other common objective by the organization and, further provided
that such sale of alcoholic beverages is in compliance with the applicable
Federal, State and municipal laws.
Any use that is not a permitted use, a conditional use, or
recognized as a similar use in a zoning district, and shall not be
established in such district.
Uses that provide recreation or entertainment activities
within an enclosed environment. Accessory uses may include concessions,
snack bars, parking and maintenance facilities.
Uses that provide recreation or entertainment activities
outside of an enclosed environment. Accessory uses may include concessions,
snack bars, parking and maintenance facilities.
A facility or area for people to gather together for public
worship, religious training, or other religious activities, including
a church, temple, mosque, synagogue, convent, monastery or other structure,
together with its accessory structures, including a parsonage or rectory.
This use does not include home meetings or other religious activities
conducted in a privately occupied residence. Accessory uses may include
meeting rooms and child care provided for persons while they are attending
assembly functions. Schools and other child-care services are not
accessory uses and shall require approval as separate principal uses.
A public eating establishment at which the primary function
is the preparation and serving of food.
An establishment whose primary purpose is the sale, dispensing
or service of food, refreshments or beverage in automobiles, including
those establishments where customers may serve themselves, except
that this shall not be construed to include what is commonly called
a "cafeteria."
Retail sales firms are involved in the sale, lease or rent
of new or used products to the general public. Accessory uses may
include offices, parking, storage of goods, and assembly, repackaging,
or repair of goods for on-site sale.
Retail sales firms are involved in the sale, lease, or rent
of new or used products to the general public. Large-scale retail
is typically located outside of downtown Warsaw in a structure that
has at least ten thousand (10,000) square feet of gross floor area.
Accessory uses may include offices, parking, storage of goods and
assembly, repackaging or repair of goods for on-site sale. Specific
use types include:
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Appliances and electronics (household)
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Department store
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Discount and variety store
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Dry goods and general merchandise
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Garden supplies and landscape nursery
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Lumberyards and building materials
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Mail order houses
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Musical instruments and supplies
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Paint, glass, and wallpaper
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Retail trade not elsewhere listed
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Secondhand merchandise
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Sporting goods and bicycles, rental
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Retail sales firms are involved in the sale, lease, or rent
of new or used products to the general public. Small-scale retail
is typically located in downtown Warsaw or a neighborhood commercial
area in a structure that smaller than ten thousand (10,000) square
feet in gross floor area. Accessory uses may include offices, parking,
storage of goods and assembly, repackaging or repair of goods for
on-site sale. Specific use types include:
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Antiques
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Apparel, shoes and accessories
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Bait shop
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Books and stationery
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Candy, nut and confectionary
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Cameras and photographic supplies
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China, glassware and metalware
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Cigars and cigarettes
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Craft sales
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Drugs and proprietary
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Fish and seafood
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Firearms
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Florist
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Fruits and vegetables
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Gifts, novelties, and souvenirs
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Groceries and meats
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Hearing aids, optical goods, orthopedic appliances, and similar
devices
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Hobby supplies
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Ice
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Jewelry
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Liquor
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Magazines and newspapers
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Monuments
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Sporting goods
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A place where junk, waste, discarded or salvaged materials
are bought, sold, exchanged, stored, baled, packed, disassembled,
handled or prepared for recycling, which shall include auto wrecking
yards but shall not include retail secondhand furniture stores or
the purchase and storage of used or salvage materials as a part of
a manufacturing operation.
A line on a plat generally parallel to the street right-of-way
indicating the minimum open space to be provided between buildings
or structures and the edge of the street right-of-way.
Facility that provides temporary, overnight shelter and accommodations.
A facility that is used to house or contain animals and is
owned, operated or maintained by a nonprofit corporation for the purpose
of providing temporary kenneling and care for the animals and finding
permanent adoptive homes for them.
An area at a street intersection in which nothing shall be
erected, placed, planted or allowed to grow in such a manner as to
materially impede vision between a height of two and one-half (2 1/2)
feet and eight (8) feet above the grades of the bottom of the curb
of the intersecting streets, measured from the point of intersection
of the center line of the streets, ninety (90) feet in each direction
along the center line of the streets.
 Sight Triangle
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As to the definition of "sign," see Section 407.020 of this Code.
A freestanding, ground-mounted solar collection system consisting
of a linked series of photovoltaic modules with a rated capacity of
up to ten (10) kilowatts, the primary purpose of which is to provide
for the collection, inversion, storage and distribution of solar energy
for electricity generation, space heating, space cooling, or water
heating on-site; however, the energy output may be delivered to a
power grid to offset the cost of energy on-site.
A right-of-way, dedicated to the public use, which provides
vehicular and pedestrian access to adjacent properties.
A dividing line between a lot, tract or parcel of land and
the contiguous street.
A system of streets shown in the Warsaw Comprehensive Plan.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
complete rebuilding of the roof or the exterior walls. For the purpose
of this regulation, the following shall not be considered a structural
alteration:
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, but not including fences or public
items, such as utility poles, streetlight fixtures and street signs.
A person, firm, corporation, partnership or association who
causes land to be divided into a subdivision for itself or for others.
The division of a tract of land into two (2) or more lots
or parcels for the purpose of transfer of ownership or building development
or, if a new street is involved, any division of a parcel of land.
The term "subdivision" includes "resubdivision," and the term "resubdivision,"
as used herein, shall include any further subdivision of a lot or
parcel of land previously subdivided for sale, use or other purposes
which varies from the latest approved plat of the same.
An establishment in which the primary function is the public
sale and serving of alcoholic and cereal malt beverages for consumption
on the premises, including establishments commonly known as "key clubs,"
which are open and in which alcoholic and cereal malt beverages are
served only to members and their guests.
Structures used to mount atmospheric sensors to measure wind
and other local conditions.
An area managed and maintained by a group of individuals
to grow and harvest food crops or nonfood crops (e.g., flowers) for
personal or group consumption, for donation, or for sale that is incidental
in nature. A community garden area may be divided into separate garden
plots or orchard areas for cultivation by one (1) or more individuals
or may be farmed collectively by members of the group. A community
garden may include common areas (e.g., hand tool storage sheds) maintained
and used by the group. Community gardens may be principal or accessory
uses and may be located on a roof or within a building.
Infrastructure services that have substantial land use impacts
on surrounding areas. Typical uses include but are not limited to
water and wastewater treatment facilities, major water storage facilities
and electric generation plants.
Infrastructure facilities and services that need to be located
in the area where the service is to be provided, such as water and
sewer pump stations; electrical transforming substations; wind energy
conversion systems; solar collector systems; water conveyance systems;
or gas regulating stations.
This category includes a broad range of uses for the maintenance,
sale or rental of motor vehicles and related equipment. Accessory
uses may include incidental repair and storage and offices.
For-profit facilities where lodging, meals and the like are
provided to transient visitors and guests for a defined period.
Uses engaged in the wholesale sales, bulk storage and distribution
of goods. Such uses may also include incidental retail sales. Wholesale
showrooms are also included in this use category. Goods are generally
delivered to other firms or the final consumer, except for some will-call
pickups. There is little on-site sales activity with the customer
present. Accessory uses may include offices, truck fleet parking and
maintenance areas. Specific use types include:
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Air conditioning, refrigerated equipment and supplies
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Alcoholic beverages, beer and wine
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Appliances (electrical), televisions, tape players, radio sets
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Books, magazines and newspapers distributing
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Building materials and lumber
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Commercial and industrial machinery equipment and supplies
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Drugs, chemicals and druggist sundries
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Dry goods and apparel
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Electronic parts and equipment
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Equipment and supplies for services establishments
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Farm machinery and equipment
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Farm products
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Furniture and home furnishings
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Groceries and food products
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Hardware
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Metals and minerals except petroleum products and scrap
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Motor vehicles and equipment
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Plumbing and heating equipment and supplies
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Professional equipment and supplies
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Paper and paper products
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Scrap and waste materials, nonmetallic
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Transportation equipment and supplies (except motor vehicle)
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A wind-energy conversion system consisting of more than one
(1) wind turbine and tower that will be used primarily for off-site
consumption of power or a wind energy system that has a rated capacity
in excess of one hundred (100) kilowatts.
A wind-energy conversion system consisting of one (1) wind
turbine, a tower, and associated control or conversion electronics
that has a rated capacity of not more than one hundred (100) kilowatts
and that is intended to primarily reduce on-site consumption of utility
power.
A space on the same lot with a main building open, unoccupied
and unobstructed by buildings or structures from the ground upward.
A yard extending across the full width of the lot, the depth
of which is the least distance between the street right-of-way and
the building setback line.
A yard extending across the full width of the lot, the depth
of which is the least distance between the rear lot line and the rear
setback line.
A yard extending from the front yard, or front lot line where
no front yard is required, to the rear yard.
A section of the zoning area for which uniform regulation
governing the use, height, area, size and intensity of use of buildings,
land and open space are herein established.
The person or persons authorized and empowered by the governing
body having jurisdiction to administer the requirements of these zoning
regulations.
The area to be zoned as set out on the official Zoning District
Map filed of record.
[Ord. No. 379, 9-16-2019; Ord. No. 511, 5-15-2023]
A.
Purpose. The City of Warsaw desires to protect the public health
and safety by establishing reasonable regulations on marijuana-related
businesses and qualifying customer cultivation regarding noise, air
quality, neighborhood safety, security, other health and safety concerns,
and time, place, and manner restrictions on marijuana facility operations.
B.
C.
Marijuana Dispensary Facility.
1.
Marijuana dispensary facilities shall be allowed within the City
of Warsaw in the "C-3" Zoning District only.
2.
Marijuana dispensary facilities shall not be located within one thousand
(1,000) feet of any school, child day-care center, church or public
library.
3.
No marijuana dispensary facility shall take place within five hundred
(500) feet of any residential zoning district or public park.
D.
Conformance With Regulations. All marijuana-related uses shall conform
to and meet all regulations established by the State and the City.
E.
Drive-through, take-out or drive-in service shall be allowed at any
marijuana dispensary facility so long as all municipal, State and
Federal regulations are followed.
F.
All marijuana dispensing operations shall be conducted within a completely
enclosed building.
G.
Age And Access. It shall be unlawful for any marijuana dispensary
facility to allow any person who is not at least twenty-one (21) years
of age on the premises. Individuals must be at least twenty-one (21)
years of age to purchase marijuana products from a marijuana dispensary
facility.
H.
Odor Control And Ventilation.
1.
Dispensaries shall not emit any odor of marijuana which is capable
of being smelled by a person of ordinary sense outside of the boundary
of the building in which the facility is located.
I.
Security Of Facilities. All facilities shall be secured per current
State of Missouri regulations but in no case shall these security
measures negate any emergency egress requirements per the City's
current adopted editions of the International Building Code and International
Fire Code.
J.
Residential Use Of Medical And Recreational Marijuana.
1.
The smell or odor of marijuana being smoked, vaped or grown within
the primary dwelling unit shall not be capable of being detected by
a person of normal senses from any adjoining dwelling unit, adjoining
lot, parcel or tract of land not owned or rented by the primary residence,
or from any adjoining right-of-way.
2.
Personal marijuana cultivation is allowed either inside or outside
the home owner or home occupant's property so long as the cultivation
remains located on the home owner or occupant's property and
all municipal, State and Federal regulations are followed.
3.
The room, secondary or accessory structure, or outside parcel of
property used to grow, cultivate or process marijuana shall be secured
at all times and shall remain accessible only to the owner of the
cultivated marijuana. The owner shall take all steps necessary to
prevent access to the cultivated marijuana be any individual under
the age of twenty-one (21).
4.
No chemical or gas shall be used to extract or enhance tetrahydrocannabinol
(THC) from the marijuana that is grown.
5.
The room, secondary or accessory structure used to grow, cultivate
or process marijuana shall meet all applicable requirements of the
City of Warsaw currently adopted building codes.
6.
Any outside cultivation of marijuana within the City shall abide
by all municipal, State and Federal regulations, and shall be minimally
intrusive to all adjoining neighbors or landowners.
K.
Violations. Violations of this Section are punishable under the Codes
of the City of Warsaw, with a maximum fine of five hundred dollars
($500.00) and up to ninety (90) days in jail.
L.
Medical or recreational marijuana dispensary business licenses shall
be an additional fee of seventy-five dollars ($75.00) in addition
to the required retail license.
