City of Warsaw, MO
Benton County
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Table of Contents
Table of Contents
[Ord. No. 211[1] § 2, 12-21-2015]
A. 
Title And Effective Date. These regulations shall be known and may be cited as the "Unified Development Code, City of Warsaw, Missouri" and are referred to in this document as the "Unified Code," the "UDC," or this "Code." The Unified Development Code shall take effect and be in force from and after December 21, 2015.
B. 
Authority. This Unified Development Code is adopted and administered pursuant to the authority granted to the City of Warsaw by the Missouri Zoning Enabling Act, Sections 89.020 through 89.491, RSMo.
C. 
Purpose. The purposes of this Code are to:
1. 
Implement the Warsaw Comprehensive Plan and other relevant planning documents;
2. 
Promote the health, safety, and welfare of the community;
3. 
Lessen congestion on the roads and enhance pedestrian and vehicular movement with the least detriment to environmental quality;
4. 
Provide adequate light and open space and avoid undue concentration or sprawl of population;
5. 
Provide a planned and orderly use of land, protection of the environment and preservation of viability as a tourist area, all to conserve the value of the investments of the people of this community and encourage a high quality of life and the most appropriate use of land throughout the municipality;
6. 
Prevent the inefficient use of land and prevent overcrowding of land and avoid transportation and public service and facility demands that cannot be satisfied; provide for phased development of government services and facilities; and aid in realizing the policies, objectives, and goals of the City; and facilitate adequate provisions for water, sewage, schools, parks, open space, medical facilities, recreation, and other public requirements to achieve community self-sufficiency;
7. 
Secure the safety of the people against fire hazards, unstable slopes, mudslides, and flood danger;
8. 
Provide clean air by reducing pollutants discharged into the air;
9. 
Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and water bodies, and enhancing public access to recreational water sources;
10. 
Maintain the natural scenic beauty of Warsaw in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, and sustain a tourist-based economy;
11. 
Encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type and design of dwellings and by the conservation of more efficient and attractive use of appropriately located open space; and
12. 
Ensure that development and resource decisions are sustainable not only for the current residents of Warsaw but for future residents and generations also.
D. 
Applicability And Jurisdiction.
1. 
Permit or approval required. All land, buildings, structures, or appurtenances thereon located within the City of Warsaw, which are hereafter occupied, used, erected, altered, or converted shall be used, placed, and erected in conformance with the regulations for the zoning district in which such land or building is located, any applicable development standards, and all applicable development review processes, including obtaining any necessary approvals, authorizations, and/or permits.
2. 
Subdivision compliance required. It is unlawful for any person to subdivide land within the entire area of the City without having first complied with the provisions of this Code.
3. 
Requirements as minimum. The provisions of this Code shall be held to be minimum requirements. No required open space for one building or use shall be computed as being the open space, yard, or area requirement for any other building or use. When this Code imposes a greater restriction than imposed by other ordinances or laws, the provisions of this Code shall govern.
4. 
Emergency powers. The Board of Aldermen may authorize deviations from any provision of this Code during a local emergency. Such deviations shall be authorized by a resolution of the Board of Aldermen without a requirement for prior notice or public hearing.
5. 
Applicability to public agencies. The provisions of the Unified Code shall apply to all public bodies, districts, and agencies of the Federal, State, county, and municipal governments to the extent permitted by law.
E. 
Conflicting Provisions.
1. 
Conflict with other public laws, ordinances, regulations or permits. This Code is intended to complement other City, State and Federal regulations that affect land use. This Code is not intended to revoke or repeal any other public law, ordinance, regulation or permit. However, where conditions, standards or requirements imposed by any provision of this Code are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the Director, shall govern.
2. 
Conflict with private agreements. This Code is not intended to revoke or repeal any easement, covenant or other private agreement. However, where the regulations of this Code are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, then the requirements of this Code shall govern. Nothing in this Code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this Code. In no case shall the City be obligated to enforce the provisions of any easements, covenants or agreements between private third parties.
F. 
Transitional Regulations. The purpose of transitional regulations is to resolve the status of properties with pending applications or recent approvals and properties with outstanding violations at the time of the adoption of this Code.
1. 
Continuity of provisions. The provisions of this Code, insofar as they are substantially the same as previously existing Code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not new enactments. Any actions or proceedings commenced or permits issued pursuant to any previously existing ordinance shall not be affected by the enactment of this Code, but such actions, proceedings, and permits shall hereafter conform to this Code.
2. 
Violations continue. Any violation of the previous versions of this Code shall continue to be a violation under this Code and shall be subject to the penalties and enforcement set forth in Section 405.150, Violations, Enforcement and Penalties, unless the use, development, construction, or other activity complies with the provisions of this Code. Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this Code.
3. 
Legal nonconformities under prior regulations. Any legal nonconformity under the previous zoning and subdivision regulations shall also be a legal nonconformity under this Code, as long as the situation that resulted in the nonconforming status under the previous Code continues to exist. If a nonconformity under the previous zoning and subdivision regulations becomes conforming because of the adoption of this Code, then the situation will no longer be a nonconformity.
4. 
Uses, structures and lots rendered nonconforming. Except as specifically provided in this Code, if any use, building, structure, lot or parcel that legally existed on the effective date of this Code does not meet all standards set forth in this Code, such building, structure or lot shall be considered nonconforming and shall be controlled by Section 405.050(F), Nonconformities.
5. 
Legal recorded nonconforming lots and parcels.
a. 
A legally recorded nonconforming lot or parcel not in a subdivision may be used for any use permitted in the zoning district in which it is located, provided that the lot conforms to all other requirements of this Code, except as provided for in Subsection (F)(5)(b) below.
b. 
A legally recorded nonconforming lot or parcel not in a subdivision shall be permitted to retain its approved minimum lot area, minimum lot width and minimum required yards.
6. 
Processing of applications commenced or approved under previous ordinances.
a. 
Pending applications.
(1) 
Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decisionmaking body prior to the effective date of this Code shall be reviewed in accordance with the provisions of the Code in effect on the date the application was deemed complete by the City. The applicant, however, may waive review under the prior ordinance through a written letter to the Director and request review of the entire application pursuant to this Code.
(2) 
If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this Code.
(3) 
Any reapplication for an expired project approval shall meet the standards in effect at the time of reapplication.
b. 
Preliminary approvals. An application for which approval of a preliminary subdivision plat was granted prior to the effective date of this Code shall be considered as having received preliminary plan approval under this Code, provided that all final plat submittals subsequent to the date of these regulations shall conform to the requirements of this Code. In the instance of large tracts or blocks of land contained within a recorded subdivision and intended or designed for resubdivision into smaller tracts, lots, or building sites, the resubdivision shall comply with all provisions of this Code except for those that, in the opinion of the Board of Aldermen, have been satisfied prior to the filing of the original subdivision plat. Failure to obtain a final plat or plan approval within the specified time shall result in expiration of the preliminary approval.
c. 
Approved projects.
(1) 
Approved rezoning requests, site plans, variances, grading permits or building permits that are valid on the effective date of this Code shall remain valid until their expiration date, where applicable.
(2) 
Projects with valid approvals or permits should comply with the development standards of this Code where the standards will not materially affect the project. In the case that these standards would materially affect the project, it shall be carried out with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed.
(3) 
Any building or development for which a building permit was granted prior to the effective date of this Code shall be permitted to proceed to construction, even if such building or development does not conform to the provisions of this Code, as long as the building permit remains valid.
(4) 
If the development for which the building permit is issued prior to the effective date of this Code fails to comply with the time frames for development established for the building permit, the building permit shall expire, and future development shall be subject to the requirements of this Code.
G. 
Transition To New Zone Districts. Upon the effective date of this Code, land that is zoned with a zoning district classification from the previous zoning regulations shall be reclassified or translated to one (1) of the zone district classifications set forth in this Code by separate action of the Board of Aldermen. Table 405.010-1, Transition to New Zone Districts, summarizes the translation or reclassification of the zoning districts in the previous zoning regulations to the zone districts used in this Code.
Table 405.010-1
Transition to New Zone Districts
Existing District(s)
New District
C-3 and C-4
C-3
H. 
Severability.
1. 
If any court of competent jurisdiction invalidates any provision of this Code, then such judgment shall not affect the validity and continued enforcement of any other provision of this Code.
2. 
If any court of competent jurisdiction invalidates the application of any provision of this Code to a particular property, structure or situation, then such judgment shall not affect the application of that provision to any other building, structure or situation not specifically included in that judgment.
3. 
If any court of competent jurisdiction judges invalid any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
4. 
Whenever a condition or limitation is included in an administrative action authorizing regulatory activity, then it shall be conclusively presumed that the authorizing officer, commission or board considered such condition or limitation necessary to carry out the spirit and intent of this Code, and that the officer, commission or board would not have granted the authorization to which the condition or limitation pertained except in belief that the condition or limitation was lawful.
[1]
Editor's Note: This ordinance also repealed former Ch. 405, Zoning Regulations, adopted 1-7-1985 by Ord. No. 584, as amended.
[Ord. No. 211 § 2, 12-21-2015]
A. 
Purpose And Organization.
1. 
Procedural requirements. This Section describes the procedures for review of all applications for land use and development activity in Warsaw.
a. 
Section 405.020(A)(2), Table of Procedures, includes a summary table listing the land use and development procedures in this Code.
b. 
Section 405.020, Common Development Review Procedures, Subsections (B) through (J), describe standard procedures that are applicable to all or most types of specific applications based on the following review steps:
(1) 
Preapplication meeting.
(2) 
Neighborhood meeting.
(3) 
Application submissions, content and fees.
(4) 
Complete application and staff review.
(5) 
Public notice requirements.
(6) 
Action by review and decisionmaking authorities.
(7) 
Appeals.
2. 
Table of procedures. Section 405.030, Specific Procedures and Approval Criteria, Subsections (A) through (N), include additional provisions unique to each type of application, such as public hearing requirements and approval criteria. The specific procedures work in conjunction with the common procedures. The following procedures are included:
Table 405.020-1
Specific Procedures
Section
Application Type
405.030(B)
Comprehensive Plan amendment
405.030(C)
Rezoning (Zoning Map amendment)
405.030(D)
Unified Development Code amendment (text amendment)
405.030(E)
Conditional use permit
405.030(F)
Site plan
405.030(G)
Planned development
405.030(H)
Alternative compliance
405.030(I)
Major subdivision
405.030(J)
Minor subdivision
405.030(K)
Variance
405.030(L)
Appeal
405.030(M)
Minor modification
405.030(N)
Grading permit
3. 
Administrative Manual for additional materials. The Director may compile the requirements for application contents, forms, fees, submission materials, and review schedule in an Administrative Manual, which shall be made available to the public. The Director may amend and update the Administrative Manual from time-to-time.
B. 
Preapplication Meeting.
1. 
Purpose. The purpose of the preapplication meeting is to provide an opportunity for the applicant and the City to discuss the development concept prior to the application submission for a project in order to:
a. 
Determine the required application(s) and, if necessary, the timing of multiple application submittals (i.e., whether they may be processed concurrently or must be processed sequentially);
b. 
Provide the applicant with application materials and inform the applicant of submittal requirements;
c. 
Provide the applicant with an estimated time frame for the review process;
d. 
Discuss generally compliance with the Code's zoning, use, density, development, and design standards, and attempt to identify potentially significant issues regarding compliance;
e. 
Discuss the need for any neighborhood meetings and public notice requirements; and
f. 
Refer the applicant to other departments or agencies to discuss potential significant issues prior to application submittal.
2. 
Applicability.
a. 
Preapplication meeting recommended. A preapplication meeting is recommended prior to submitting most development applications. The preapplication meeting is designed to help the applicant understand the Warsaw development approval process.
b. 
Record of preapplication conference. The City is not responsible for making or keeping a summary of the topics discussed at the preapplication conference.
C. 
Neighborhood Meeting.
1. 
Purpose and intent. The purpose of the neighborhood meeting is for applicants to educate residents, occupants, and owners of nearby lands about the proposed development and application, receive comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible. The intent is to have applicants take primary responsibility for the neighborhood meetings.
2. 
Applicability.
a. 
A neighborhood meeting is required for the following applications: Comprehensive Plan amendments, rezonings, planned developments, and major subdivisions.
b. 
The Director may require a neighborhood meeting for any application type if the Director determines the application may have significant adverse neighborhood impacts, including but not limited to traffic, noise, visual, or environmental impacts, or where substantial objections have been raised by neighbors. To the maximum extent practicable, the Director shall determine the necessity for a neighborhood meeting at the preapplication meeting.
c. 
If either the Planning and Zoning Commission or Board of Aldermen find that the circumstances of an application justify a neighborhood meeting where a neighborhood meeting was not previously scheduled, or that an additional meeting is necessary as the application process is underway, they may continue the application and instruct the applicant to schedule a meeting following the procedure established in this Section.
3. 
Procedure. If a neighborhood meeting is held by the applicant, it shall be held at the applicant's expense and comply with the following procedures:
a. 
Time and place. The neighborhood meeting shall be held at a place that is convenient and generally accessible to neighbors that reside in proximity to the land subject to the application. It shall be scheduled after 5:00 P.M. on a weekday unless the Director specifies another time that is more convenient under the circumstances.
b. 
Notification.
(1) 
The applicant shall provide notification of the neighborhood meeting a minimum of ten (10) calendar days in advance of the meeting by mail to:
(a) 
All owners and occupants within two hundred (200) feet of the land subject to the application;
(b) 
Any neighborhood organization registered with the City of Warsaw within such two-hundred-foot radius; and
(c) 
Board of Aldermen or Planning and Zoning Commission, when the neighborhood meeting is required by either of those review boards as described in Subsection (C)(2)(c), above.
(2) 
The notification shall State the time and place of the meeting, contain a vicinity map and short description of the project, and State the purpose of the meeting.
c. 
Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal and application, answer any questions, and respond to concerns neighbors have about the application and proposed ways to resolve conflicts.
d. 
Staff attendance. The applicant shall be responsible for scheduling the meeting, coordinating the meeting, and for retaining an independent facilitator if needed. The meeting shall be held prior to submittal of the subject development application. Attendance at the neighborhood meeting by City planning staff is not required, unless deemed necessary by the Director.
e. 
Written summary of neighborhood meeting. The applicant shall provide the Director a written summary or transcript of the neighborhood meeting within ten (10) business days of its conclusion or with the completed application, whichever is sooner. The written summary shall include a list of those in attendance, a summary of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information the applicant deems appropriate. The written summary of the neighborhood meeting shall be included with the application materials and be made available to the public for inspection.
f. 
Response to summary. Any person in attendance at the neighborhood meeting, within five (5) calendar days after the meeting summary has been made public, may submit a written response stating his or her understanding of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information deemed appropriate. All written responses to a summary of the neighborhood meeting shall be included with the application materials and be made available for public inspection.
4. 
Failure to hold meeting. If an applicant fails to hold a neighborhood meeting or does not demonstrate a reasonable effort was made in the notification of such meeting, such failure shall not stop or delay the review process or create a legal cause of action. However, such omission may be just cause for denial of the application.
D. 
Application Submission, Content And Fees.
1. 
Form of application.
a. 
Application submittal requirements, contents and fees shall be established in the individual application forms provided by the City.
b. 
In addition to the information required by the application form, the Director may require applicants for rezoning, conditional use permit, preliminary or final development plan, or preliminary plat to submit any technical studies that the Director deems necessary to enable the Planning and Zoning Commission, Board of Aldermen, or Board of Adjustment to fully evaluate the application. Examples of technical studies include, but are not limited to: traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, photometric (lighting) studies, or surface water management/drainage studies.
2. 
Authority to file application. The person having legal authority to take action according to the approval sought shall file an application for development review or approval under this Code. The person is presumed to be the record owner, purchaser under a sale or option to purchase, or the duly authorized agent of the record owner. Agents may only submit applications where the owner indicates consent in writing, a copy of which consent shall be submitted with the application.
3. 
Where to file applications. All applications required by this Section shall be submitted to the City offices unless otherwise specified.
4. 
Contact person designation.
a. 
The applicant shall designate one (1) person on the application as the primary contact person who will be responsible for all notification, including meeting dates, deadlines and requirements. The City will communicate with the contact person about the application and review procedures. It is the contact person's responsibility to inform the owners or applicant of such information.
b. 
The applicant shall notify the Director in writing if there is to be a change in the contact person. The Director will continue to communicate with the designated contact person until the notice of change has been received.
5. 
Concurrent applications. Where an applicant seeks approval of two (2) different requests for the same parcel simultaneously, the applicant shall submit all necessary documents, plans, maps and other required information in accordance with the provisions relating to both of the submitted applications and pay all appropriate fees for both applications.
6. 
Application content and fees.
a. 
Application contents: general. The Director is authorized to establish submittal requirements for all land use development applications required by this Section and to update and amend such requirements as necessary to ensure effective and efficient City review. Applicants shall refer to the individual application forms for submittal requirements for each type of land use development application. The applicant shall provide any additional information, documents, or other material relevant to the application that the Director reasonably believes is necessary in order for the City to evaluate, analyze and understand the subject matter of the application.
b. 
Submittal waivers pursuant to preapplication meetings. At or following a preapplication meeting, the Director may waive certain submittal requirements set forth in the application form, except for fees, in order to reduce the burden on the applicant and to tailor the requirements to the information necessary to review a particular application. The Director may waive such requirements where the Director finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development or subdivision clearly justify such waiver. This discretion may only be exercised if a preapplication meeting is held.
c. 
Fees. Nonrefundable fees are required at the time of the filing of any development application and are payable to the City in accordance with the fee schedules adopted by City ordinance. The City may require, in addition to the fees above, that the applicant pay all or a portion of the reasonable fees charged by private consultants retained by the City for the purposes of reviewing the application and advising City officials and agencies with respect thereto. The Director will notify the applicant prior to retaining any such consultant.
d. 
Authorization and payment required. The City shall adopt and amend from time to time a fee schedule setting forth an assessment of fees to defray the cost of processing land development applications under this Section. At the time of submittal, all applications shall include payment of the processing fee, as well as any review fees charged by agencies which the City has agreed to collect.
e. 
No required fees for City-initiated applications. No fee shall be required for land development applications initiated by the City.
E. 
Complete Application And Staff Review.
1. 
Complete application required for processing. All application submissions must be complete prior to any processing by the City of Warsaw. A complete application includes all of the submittal information identified on the application form and any items or exhibits requested by the Director that are consistent with the standards and requirements of this Code. A complete application is also accompanied by the applicable fee. Incomplete applications shall be denied.
2. 
Official submission. An application shall be officially submitted when it is presented to the Director, either through hand submitted copy of the application, or electronically submitted copy of the application filed pursuant to instructions for electronic filing identified on the City of Warsaw webpage or portal at such time as the City makes this technology available, filed on a business day during normal office hours.
3. 
Determination of completeness. The City's acceptance of an application for completeness review does not bind the City to accept an incomplete application.
a. 
Completeness determination. Staff shall determine whether an application is complete no later than ten (10) calendar days after the official submission of the application.
(1) 
Staff shall make its determination of an incomplete application in writing. An e-mail to the applicant or comment in the City's permit on-line tracking system, if one is established, shall be considered a determination in writing.
(2) 
Notice occurs upon dispatch or publication, not upon receipt.
(3) 
The determination shall identify the documents, studies, or other information needed to make the application complete.
b. 
Incomplete applications rejected. An incomplete application shall not be processed by the City. The City may retain the application fee paid for any submitted application. Following notice of an incomplete application, the applicant shall have thirty (30) days to submit the information required to make the application complete or the application shall be deemed rejected. After thirty (30) days the City shall require that any additional or further requests by the applicant be accompanied by a new application and fee.
4. 
Staff review.
a. 
Review by other departments and divisions.
(1) 
In addition to internal review, staff may distribute the complete application to other City departments and divisions and to any other appropriate governmental or quasi-governmental agencies and bodies to solicit comments and ensure that the proposal complies with all applicable standards, requirements and review criteria. The applicant shall be responsible for submitting any additional information or revised plans required by staff or the referral agencies in a timely manner. As applicable, the review and decisionmaking bodies shall consider the services and facilities provided by the referral agencies as a factor in approval of the complete application. The criteria for evaluating sufficiency of the services that must be satisfied for the approval of the application shall be provided to the review and decisionmaking bodies as a part of any referral response.
(2) 
Referral agencies shall comment in writing after receiving a complete application. The failure of any agency to respond shall be considered no comment on the application by that agency. As applicable, referring agencies will provide the review and decisionmaking bodies with a summary of any capacity evaluation study that assesses the availability of City-provided facilities or services to the proposed development. The summary will include an explanation of the agency's assumptions regarding available capacity.
b. 
Subsequent requests for information. Staff and referral agencies shall use best efforts to identify all major issues and to request additional information, data, or reports from the applicant during the review period described above. This provision shall not be interpreted to preclude staff or referral agencies from requesting revisions or corrections to previously submitted materials if such materials are subsequently found to be inaccurate, incomplete, or if subsequent plan revisions do not comply with this Section.
F. 
Public Notice Requirements. Applications for development approval shall comply with the Missouri Statutes and the provisions of this Section with regard to public notification.
1. 
General notice requirements and timing of notice.
a. 
Unless otherwise stated in this Code, notice for all public hearings shall be given pursuant to this Section. Notice may be written (mailed), published or posted as further described in this Section. Agenda notice shall be posted and published on the City's website a minimum of seventy-two (72) hours prior to a meeting.
b. 
Table 405.020-2 sets forth the specific notice requirements for applications requiring any type of notification.
Table 405.020-2
Notice Requirements
Procedure
Section
Type of Notice Required
Publish
Written/ Mailed
Posted
Agenda
Comprehensive Plan amendment
405.030(B)
Rezoning (Zoning Map amendment)
405.030(C)
Unified Development Code amendment (text amendment)
405.030(D)
Conditional use permit
405.030(E)
Site plan
405.030(F)
Planned development
405.030(G)
Alternative compliance
405.030(H)
Major subdivision
405.030(I)
Minor subdivision
405.030(J)
Variance
405.030(K)
Appeal
405.030(L)
Minor modification
405.030(M)
Grading permit
405.030(N)
2. 
Content. Notices, whether by publication or written, shall at a minimum:
a. 
Identify the address or location of the property subject to the application and the name, address and telephone number of the applicant or the applicant's agent;
b. 
Specify the date, time and place of the public hearing;
c. 
Describe the nature, scope and purpose of the application or proposal;
d. 
Notify the public where to view the application; and
e. 
Include a statement that the public may appear at the public hearing or be heard, if any, and submit evidence and written comments with respect to the application.
3. 
Published notice. When the provisions of this Code require that notice be published, the City shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation that has been selected by the City. The content and form of the published notice shall be consistent with Section 405.020(F)(2), Content, above and the requirements of Missouri Statutes. Unless otherwise specified in the specific procedure section, published notice shall be provided before the 15th day before the date of the hearing.
4. 
Written (mailed) notice.
a. 
When the provisions of this Code require that written or mailed notice be provided, the Director shall be responsible for preparing and mailing notice to specific property owners of their opportunity to be heard.
(1) 
Written notice shall be sent via regular mail notice at least fifteen (15) days prior to the date of the hearing.
(2) 
Written notice of the public hearing on the application shall be provided to the owner of the property for which the approval is sought and all property owners within one hundred eighty-five (185) feet of the subject property.
(3) 
In cases of an application where a protest petition may be submitted, the notice shall also contain a statement explaining that property owners within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the district to be changed shall have the opportunity to submit a protest petition.
b. 
Written notice to property owners shall be required only for the initial presentation of the proposed development at a public hearing. Additional mailed notice shall not be required where the application is not decided at the initial public hearing unless otherwise directed by the City.
c. 
If the hearing is deferred or continued at the applicant's request, the applicant shall be responsible for paying any additional fees for the purposes of renotifying adjacent property owners.
5. 
Posted notice.
a. 
For applications where posted notice is required, it shall be posted on the property and maintained for at least fifteen (15) days prior to the date of the public hearing.
b. 
Any posted notice shall be a minimum of twenty-four (24) inches by thirty-six (36) inches and printed so that the following information is visible from a distance of one hundred (100) feet from a public street or right-of-way:
(1) 
Current zoning classification;
(2) 
Proposed zoning classification/use;
(3) 
Proposed type of development review (e.g., rezoning, subdivision, variances); and
(4) 
Date and time of the hearing.
c. 
Projects abutting more than one (1) right-of-way may be required to post additional notices.
6. 
Constructive notice.
a. 
Minor defects.
(1) 
Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties.
(2) 
Failure of a party to receive written notice shall not invalidate subsequent action.
(3) 
In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed.
(4) 
If questions arise at a review hearing regarding the adequacy of notice, the decisionmaking authority shall direct the Director to make a formal finding as to whether there was substantial compliance with the notice requirements of this Code, and such finding shall be made available to the decisionmaking authority prior to final action on the request.
b. 
Presumption of notice. When the City records of publication, mailing and posting of notices as required by this Section, it shall be presumed that notice of a public hearing was given as required by this Section.
G. 
Action By Review And Decisionmaking Authorities.
1. 
Recommendations by review authority.
a. 
The proper review authority (Director, Planning and Zoning Commission, Board of Aldermen, or Board of Adjustment) is established for each type of procedure in the specific review procedures. The review authority shall evaluate the application, referral comments, staff report, and public testimony, if any, and make a recommendation to the decisionmaking authority to approve, approve with conditions, continue for additional information or for further study, or deny the application.
b. 
The review authority's actions shall be based on the evidence presented and compliance with the general review criteria identified in Section 405.020(G)(7), below, and the specific review criteria for each application as identified in Section 405.030(B) through (N).
2. 
Review and action by decisionmaking authority.
a. 
The proper decisionmaking authority (Director, Planning and Zoning Commission, Board of Aldermen, or Board of Adjustment) is established for each type of procedure in the specific review procedures. A decisionmaking authority may take action on an application or appeal by approving, approving with conditions, continuing, or remanding for additional information or for further study, or denying the application or appeal.
b. 
In taking action, the decisionmaking authority shall evaluate the application, referral comments, staff report, public testimony, if any, and the review authority's recommendation. All final decision actions shall be based on the application or appeal's compliance with the general review criteria identified in Section 405.020(G)(7), below, and the specific review criteria for each application as identified in Section 405.030(B) through (N).
3. 
Withdrawal of application by applicant. An applicant shall have the right to withdraw an application, without prejudice, at any time prior to action on the application at a public hearing or meeting. The applicant shall submit in writing the withdrawal request to the Director, and after such withdrawal, the City will not take further action on the application. The application shall be considered terminated, and no rights shall vest based on the application. To reinitiate review, the applicant may resubmit the application; in all respects it shall be treated as a new application for purposes of review, scheduling, and payment of application fees. Withdrawal of an application from a public hearing or meeting agenda is at the review or decisionmaking authority's discretion.
4. 
Continuation of public hearings. The review or decisionmaking authority may continue the public hearing for its consideration of the application for a definite time not to exceed sixty (60) days, unless a longer period is agreed to by the applicant in writing or at a public hearing. The continuance may be granted by the review or decisionmaking authority on its own initiative or at the request of the applicant or affected property owners. A review or decisionmaking body may also deny a request for continuation.
5. 
Written findings of fact.
a. 
Unless otherwise specifically required by this Code or other applicable laws, written findings are not required for a final decision on any application. However, any decision may be expressly made subject to the subsequent adoption of written findings and, in that case, the decision shall not be final until the findings are adopted.
b. 
Where an appeal of any quasi-judicial decision has been filed with the Circuit Court of Benton County, in cases where written findings have not been adopted, written findings shall be adopted by the approving authority within forty-five (45) days of service of the appeal on the City and thereafter shall be certified by the Circuit Court as part of the administrative record. The forty-five-day time period for adoption and certification of findings may be extended with the permission of the court.
6. 
Conditions of approval.
a. 
The review or decisionmaking authority may recommend or impose such conditions upon the subject development as is necessary to carry out the general purpose and intent of this Code. Conditions and additional information requirements shall be in written form and attached to the approved plan, plat, or permit.
b. 
Conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development and shall be based upon the review criteria specified in each procedure's adopted standards.
c. 
The decisionmaking authority may place specific time limits on the satisfaction of any condition of approval. If a time limit is not specified in the approval or in the specific provisions of this Code, then a one-year time limit shall apply.
d. 
The decisionmaking authority may require financial guaranties, as identified in Section 405.030, from the applicant where it finds such guaranties are necessary to ensure compliance with conditions of approval and to protect the public health, safety, or welfare. The City shall release such guaranties when the Director has determined that all conditions attached to the approval have been or will be satisfied.
e. 
Conditions of approval shall be met or financial guaranties provided prior to the issuance of a certificate of occupancy or the appropriate final permit required by the City.
7. 
Generally applicable review criteria. Unless otherwise specified in this Section or the specific procedure, City review and decisionmaking bodies shall review all development applications submitted pursuant to this Section for compliance with the general review criteria stated below. The application may also be subject to additional review criteria specific to the type of application. In case of conflict between the general review criteria set forth in this Section and the specific review criteria, the specific review criteria shall apply. A development application must be in compliance with these review criteria prior to the issuance of a certificate of occupancy or the appropriate final permit required by the City unless otherwise provided for in the development approval.
a. 
Consistent with prior approvals. Where a preliminary plan or plat was submitted and approved, a subsequent application for the same development shall be consistent with the terms and conditions of such prior preliminary plan or plat approval for the project including, without limitation, an approved phasing plan for development and installation of public improvements and amenities.
b. 
Consistent with Comprehensive Plan. The proposal is consistent with the City of Warsaw Comprehensive Plan and any applicable subarea, neighborhood, sector or district plan. The decisionmaking authority shall weigh competing plan goals, policies and strategies and may approve an application that provides a public benefit even if the development is contrary to some of the goals, policies or strategies in the Warsaw Comprehensive Plan or other applicable plans.
c. 
Compliance with use and development standards. The proposal complies with all applicable use standards, site development standards, design standards, subdivision standards, public improvement standards, floodplain management standards and all other applicable substantive standards stated in this Code or other applicable City code. Such compliance shall be applied at the level of detail required for the subject submittal and those standards which are not otherwise modified, varied or waived as allowed by this Code.
d. 
Compliance with other applicable regulations. As applicable, prior to final approval of the proposed development pursuant to this Code, the proposed development complies with all other City regulations and with all applicable regulations, standards, requirements or plans of the Federal or State governments and other relevant jurisdictions, including but not limited to wetlands, water quality, erosion control and wastewater regulations.
e. 
Minimizes adverse environmental impacts. The proposed development meets or exceeds all environmental protection standards in this Code, is designed to minimize negative impacts, and does not cause significant adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, scenic resources, wildlife habitat, soils, native vegetation and the natural functioning of the environment.
f. 
Minimizes adverse impacts on surrounding property. The proposed development meets or exceeds all neighborhood protection standards in this Code and all other site development standards intended at least in part to protect the existing character of neighboring properties and uses and does not cause significant adverse impacts on surrounding properties.
g. 
Minimizes adverse fiscal or economic impacts. The proposed use will not result in significant adverse fiscal or economic impacts on the community or the City.
h. 
Compliance with utility, service and improvement standards. As applicable, the proposed development complies with Federal, State, county and/or service district standards and design/construction specifications for roads, access, drainage, water, sewer, schools and emergency/fire protection.
i. 
Provides adequate road systems. There is adequate road capacity available to serve the proposed use, and the proposed use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site, including adequate access onto the site for fire, public safety and EMS services.
j. 
Provides adequate public services and facilities. There will be capacity to provide adequate public services and facilities to accommodate uses permitted under the proposed development at the time such needs or demands arise while maintaining adequate levels of service to existing development. Public services and facilities include, but are not limited to, roads, domestic water, sewer, schools, public safety, fire protection, libraries and vehicle/pedestrian connections and access within the site and to adjacent properties.
k. 
Rational phasing plan. As applicable, the proposed phasing plan for development of the project is rational in terms of available infrastructure capacity. In addition, each phase of the development shall contain all of the required streets, utilities, landscaping, open space and other improvements that are necessary and desirable for the residents and users of that phase and shall not be dependent upon subsequent phases for those improvements.
H. 
Appeals.
1. 
Procedures. Appeal procedures depend on the type of application and the appropriate review and decisionmaking authority. The applicant should consult with the specific provisions of this Code for requirements. This Section refers only to appeals to be heard by a City decisionmaking authority. Certain decisions that may be appealed by State law to a court are not covered by this Section.
a. 
Board of Adjustment. Most appeals of administrative determinations shall be made to the Board of Adjustment as provided in Section 405.030(L).
b. 
Planning and Zoning Commission. As identified in the specific provisions, some decisions of the Director or other departments may be appealed to the Planning and Zoning Commission by filing a written notice of appeal with the Director within ten (10) calendar days after the rendering of the decision. Upon filing of a written notice of appeal, the matter shall be placed on the agenda of the next regularly scheduled meeting of the Planning and Zoning Commission no later than thirty (30) calendar days after the notice of appeal has been filed. The Planning and Zoning Commission may hear the appeal at its regular meeting or set a special hearing date at its discretion.
c. 
Board of Aldermen. As identified in the specific provisions, some decisions of the Planning and Zoning Commission or Director may be appealed to the Board of Aldermen by filing a written notice of appeal with the Director within ten (10) calendar days after the rendering of the decision by the Planning and Zoning Commission or Director. Upon filing of a written notice of appeal, the matter shall be placed on the agenda of the next regularly scheduled meeting of the Board of Aldermen, no later than thirty (30) calendar days after the notice of appeal has been filed. The Board of Aldermen may hear the appeal at its regular meeting or set a special hearing date at its discretion.
d. 
Board of Aldermen decisions. A decision by the Board of Aldermen may be appealed to a Missouri court of record as permitted by Missouri Statutes.
2. 
Effect.
a. 
Stay of proceedings. The appeal of any decision or administrative action stays all proceedings in furtherance of the decision or administrative action.
b. 
Abandoned appeal. If an appeal is filed but not pursued (either withdrawn or continued at the applicant's request) for a period of ninety (90) days, the appeal shall be considered abandoned and the decision or administrative action shall be considered final.
c. 
Imminent peril. Where a stay of proceedings would cause imminent peril to life or property, the official from whom the appeal is taken or the Director may certify in writing to the decisionmakers hearing the appeal that the stay would cause such harm. The stay will be lifted pending hearing on the appeal. In such case, the action may be stayed only by a restraining order granted by a decisionmaking body or court of record if due cause is shown following notice to the official or Director.
I. 
Inactive Applications.
1. 
Criteria. The Director may notify the applicant in writing that an application will be considered inactive unless corrective action is taken within forty-five (45) days, if at any point in a development review process the following have occurred:
a. 
The applicant fails to attend any scheduled mandatory neighborhood meeting, meeting with the Director, meeting or hearing before the Planning and Zoning Commission, Board of Adjustment or Board of Aldermen; or
b. 
The applicant has not responded to a staff report, has not agreed to a date for a meeting or hearing before the Planning and Zoning Commission or Board of Adjustment, has not given proper public notice as required by this Chapter, or has not taken some other affirmative step within a reasonable time frame that is within the applicant's control and is necessary to advance the application for a final determination. A reasonable time frame shall be determined by the Director taking into account average response times from similar applicants on similar applications; or
c. 
The applicant fails to submit an application for the next required permit for the approved application within two (2) years.
2. 
Application terminated. No further processing of such application shall occur until the deficiencies are corrected. If the applicant does not correct the deficiencies within the forty-five-day correction period, the application shall be considered automatically withdrawn and terminated. Any resubmittal of the application thereafter by the applicant will be treated as a new application for purposes of review, scheduling and payment of application fees.
J. 
Actions And Limitations Following Development Approval Or Denial.
1. 
Termination of approval. Approvals granted under this Code terminate if unused by the applicant after a reasonable period of time.
a. 
Lapse. Except as otherwise specified in the specific procedures sections of this Code, an approval granted under these regulations shall lapse and shall become void one (1) year following the date of final approval unless, prior to the expiration date, a building permit based upon such approval is issued and construction is commenced and diligently pursued toward completion.
b. 
Extension.
(1) 
An approval may be extended by up to one (1) year by the body that issued the original approval. Requests for extensions of more than one (1) year must show good cause for the need for extension.
(2) 
All requests for extensions shall be submitted to the Director in writing at least thirty (30) days prior to the expiration of approval. An extension request shall include payment of required fees and a written description of the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood, any changes to the Comprehensive Plan or this Code that have occurred since approval of the permit/plan as these changes affect the permit/plan, and the anticipated time schedule for completing the review project and/or the specific project. Additional review of the permit/plan may result in additional conditions.
(3) 
If the extension is denied, the applicant may resubmit a new application, subject to the fees and regulations in effect at the time of resubmittal, for the same project.
2. 
Limitations on successive applications.
a. 
Limitations on resubmittals. No application on the same request shall be permitted within one (1) year of an application denial unless the Commission determines that extenuating circumstances exist. A notation of "denied without prejudice" on the minutes of the prior action on an application shall be evidence of the existence of extenuating circumstances and resubmission shall be permitted.
b. 
Amendments.
(1) 
All substantial changes, modifications, removal or release of the provisions of an approved plan or plat that do not qualify as minor modifications under Section 405.030(M) shall be considered amendments. Amendments shall include, but are not be limited to, changes in use, access, layout, any condition of approval, any change resulting in significant increased off-site impacts, and similar changes as determined by the Director.
(2) 
For purposes of review and scheduling, proposed amendments are treated as new applications subject to the applicable procedures and review criteria set forth in this Chapter unless otherwise noted in the specific review procedures.
(3) 
All approved amendments to a recorded plan or plat shall be recorded within ninety (90) days of the amendment's approval.
c. 
Modification of conditional use permits. A request to modify, expand, or otherwise change an approved conditional use permit not in substantial conformance with the approved permit shall be processed according to the provisions of this Section as a new application.
[Ord. No. 211 § 2, 12-21-2015]
A. 
Summary Of Specific Procedures. Table 405.030-1 summarizes the land use and development procedures in this Section and identifies the bodies that have review and decisionmaking responsibilities for each procedure. Exceptions to these general rules apply; see Subsections (B) through (N) for details on each procedure. Other boards, commissions, government agencies, and nongovernmental agencies may be asked by staff, the Planning and Zoning Commission, or the Board of Aldermen to review some applications, including, but not limited to, rezoning and plat approvals.
Table 405.030-1
Summary of Administrative Review Procedures
Procedure
Section 405.030.
Planning Director/ Staff
Planning and Zoning Commission
Board of Aldermen
Board of Adjustment
Key: R = Review A = Approve PH = Public hearing X = Appeal
Comprehensive Plan amendment
B
R
A
Adopt by resolution
Rezoning
C
R
PH/R
A
Unified Development Code amendment (text amendment)
D
R
PH/R
A
Conditional use permit
E
R
R
A
Site plan
F
X
Administrative
R
X
PZC review
R
A
X
Planned development
G
Preliminary plan
R
PH/A
Final plan
R
R
A
Alternative compliance
H
R
R/X
A
Major subdivision
I
R
R
A
Preliminary plat
R
PH/A
Final plat
R
R
A
Minor subdivision
J
A
X
Variance
K
R
PH/A
Appeal
L
R
PH/A
Minor modification
M
A
X
Grading permit
N
A
X
B. 
Comprehensive Plan Amendments.
1. 
Purpose. The purpose of this Subsection is to provide standards and requirements for amending the Warsaw Comprehensive Plan and other adopted City plans. The amendment process is established in order to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of the City.
2. 
Applicability. An application for plan amendment may be initiated by the Board of Aldermen, Planning and Zoning Commission or Director, or requested by a property owner in the City.
3. 
Procedures.
a. 
Preapplication meeting. A plan amendment applicant is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Notice for a plan amendment shall be by publication, pursuant to Section 405.020(F).
c. 
Action by review and decisionmaking bodies. A plan amendment application is reviewed and approved by the Planning and Zoning Commission and certified to the Board of Aldermen. The Board of Aldermen may adopt the plan amendment by resolution.
d. 
Planning and Zoning Commission hearing. The Planning and Zoning Commission shall hold a public hearing and determine whether to approve, approve with revisions, postpone, or deny the application for plan amendment based on consideration of the following criteria:
(1) 
The existing plan and/or any related element of the plan is in need of the proposed amendment;
(2) 
The proposed amendment is compatible with the surrounding area and the goals and policies of the plan;
(3) 
The proposed amendment will have no major impact on transportation services and facilities;
(4) 
The proposed amendment will have minimal effect on service provision, including adequacy or availability of facilities and services, and is compatible with existing and planned service provision;
(5) 
The proposed amendment is consistent with the City's ability to annex the property (if applicable);
(6) 
The proposed amendment is consistent with the logical expansion of services (if applicable);
(7) 
Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; and
(8) 
The proposed plan amendment will promote the public welfare and will be consistent with the goals and policies of the Warsaw Comprehensive Plan and the major elements of the plan.
(9) 
The following review criteria from Section 405.020(G)(7), Generally applicable review criteria, shall also be applicable:
(a) 
Minimizes adverse environmental impacts;
(b) 
Minimizes adverse impacts on surrounding property; and
(c) 
Minimizes adverse fiscal or economic impacts.
C. 
Rezoning (Zoning Map Amendment).
1. 
Purpose. The boundaries of any zone district may be changed or the zone classification of any parcel of land may be changed pursuant to this Subsection. The purpose of rezoning is to make adjustments to the official Zoning Map that are necessary in light of changed conditions, changes in public policy, to conform to the Warsaw Comprehensive Plan or other applicable plans, or to advance the general welfare of the City. Rezonings should not be used as a way to legitimize nonconforming uses or structures or when a conditional use, variance or minor administrative modification could be used to achieve the same result.
2. 
Applicability. An application for a rezoning may be initiated by the Board of Aldermen, Planning and Zoning Commission or the Director, or requested by a property owner in the City.
3. 
Procedures.
a. 
Preapplication meeting. An applicant for rezoning is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). Rezoning applications shall be submitted with a site plan pursuant to Section 405.030(F).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Published, written, and posted notice shall be provided before the 15th day prior to the Planning and Zoning Commission public hearing according to Section 405.020(F).
4. 
Action by review and decisionmaking bodies. A rezoning application is reviewed by the Planning and Zoning Commission and decided upon by the Board of Aldermen.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public meeting and make a recommendation to approve, approve with revisions, postpone, or deny the application for rezoning.
b. 
Board of Aldermen review.
(1) 
The Board of Aldermen shall hold a public hearing to review the application and shall approve, approve with conditions, postpone, or deny the proposed rezoning.
(2) 
If there is a valid protest against the change of zoning that is signed by the owners of at least thirty percent (30%) of either: the area of land (exclusive of street and alleys) included in the proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, a Zoning Map amendment will not become effective except upon the affirmative vote of two-thirds (2/3) of all members of the Board of Aldermen.
c. 
Review criteria. The application shall comply with all of the criteria in Section 405.020(G)(7) as well as the following specific criteria:
(1) 
Whether the proposed rezoning corrects an error or meets the challenge of some changing condition, trend, or fact since the time that the original text or map designations were established;
(2) 
Whether the proposed rezoning is consistent with the Warsaw Comprehensive Plan or other applicable City plans or policy guides;
(3) 
Whether the proposed rezoning is consistent with the purpose and intent of this Code;
(4) 
Whether and the extent to which the proposed rezoning addresses a demonstrated community need;
(5) 
Whether the proposed rezoning will protect the health, safety, morals, and general welfare of the public;
(6) 
Whether the proposed rezoning will contribute to mitigation of adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation;
(7) 
Whether the proposed rezoning will ensure efficient development within the City;
(8) 
Whether the proposed rezoning will result in a logical and orderly development pattern; and
(9) 
Whether the property has remained unused or underutilized under the current zoning designation.
5. 
Adoption by ordinance. Amendments to the Zoning Map shall be approved in the form of an ordinance and shall be indicated on the official Zoning Map.
6. 
Successive applications.
a. 
If the Board of Aldermen denies an application for rezoning, an application for the same or more intensive zoning shall not be refiled for one (1) year from the advertised public hearing date of the Board of Aldermen. An application for a less intensive zoning classification may be submitted at any time.
b. 
The Planning and Zoning Commission may, upon petition of the applicant, permit a filing of the application after six (6) months from the date of the original Board of Aldermen hearing when it determines that significant physical, economic, or land use changes have taken place on or in the immediate vicinity of the subject parcel.
D. 
Unified Development Code Amendment (UDC Text Amendment).
1. 
Purpose. The purpose of this Subsection is to provide standards and requirements for amending the text of this Code. The purpose of text amendments is to make adjustments to the text of this Code that are necessary in light of changed conditions, changes in public policy, or that are necessary to advance the general welfare of the City. Text amendments are not intended to relieve particular hardships or to confer special privileges or rights on any person.
2. 
Applicability. An application for a UDC text amendment may be initiated by the Board of Aldermen, Planning and Zoning Commission, or Director, or requested by an owner of land in the City.
3. 
Procedures.
a. 
Preapplication meeting. A nonCity applicant for a UDC text amendment is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Published notice shall be provided before the 15th day prior to the Board of Aldermen public hearing according to Section 405.020(F).
4. 
Action by review and decisionmaking bodies. A UDC text amendment application is reviewed by the Planning and Zoning Commission and decided upon by the Board of Aldermen.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to approve, approve with revisions, postpone, or deny the application for text amendment.
b. 
Board of Aldermen public hearing. The Board of Aldermen shall hold a public hearing and shall approve, approve with edits, postpone, or deny the proposed UDC text amendment.
c. 
Review criteria. Recommendations and decisions on UDC text amendments shall be based on consideration of the following criteria:
(1) 
Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the time that the original text designations were established;
(2) 
Whether the proposed amendment is consistent with the Warsaw Comprehensive Plan or other applicable City plans and policy guides;
(3) 
Whether the proposed amendment is consistent with the purpose and intent of this Code;
(4) 
Whether the proposed amendment will result in a logical and orderly development pattern; and
(5) 
Whether the proposed amendment is in the best interests of the City as a whole.
5. 
Adoption by ordinance. UDC text amendments shall be approved in the form of an ordinance.
E. 
Conditional Use Permit.
1. 
Purpose and applicability.
a. 
The City of Warsaw recognizes certain uses that may be appropriate in a specific zoning district, but which may have characteristics that, depending upon the location, design, and manner of operation, may have a greater impact than permitted uses on adjoining properties, businesses, or residences. Such uses require more comprehensive review, including the ability of the City to establish specific conditions for the project in order to mitigate any potential adverse impacts.
b. 
All uses listed as "conditional" in Table 405.050-1 shall be required to follow the procedures set forth below.
2. 
Applicability. An application for a conditional use permit may be initiated by the Board of Aldermen, Planning and Zoning Commission, or the Director, or requested by a property owner in the City.
3. 
Procedures.
a. 
Preapplication meeting. An applicant for a conditional use permit is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). Conditional use permit applications shall be submitted with a site plan pursuant to Section 405.030(F).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Posted notice shall be provided before the 15th day prior to the Planning and Zoning Commission public hearing according to Section 405.020(F).
4. 
Action by review and decisionmaking bodies. A conditional use application is reviewed by the Planning and Zoning Commission and decided upon by the Board of Aldermen.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to approve, approve with revisions, postpone, or deny the application for conditional use permit.
b. 
Board of Aldermen review. The Board of Aldermen shall hold a public meeting to review the application and shall approve, approve with conditions, postpone, or deny the conditional use permit.
c. 
Review criteria. The conditional use permit application shall comply with all of the criteria in Section 405.020(G)(7) as well as the following specific criteria:
(1) 
The proposed conditional use is consistent with the Warsaw Comprehensive Plan;
(2) 
The proposed conditional use complies with all applicable provisions of the UDC;
(3) 
The proposed conditional use will not have a negative impact on the value of surrounding property or the general neighborhood;
(4) 
The location and size of the conditional use, the nature and intensity of the operation involved or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent the development and use of neighborhood property in accordance with the applicable zoning district regulations. In determining whether the conditional use will dominate the immediate neighborhood, consideration shall be given to:
(a) 
The location, nature, and height of buildings, structures, walls, and fences on the site; and
(b) 
The nature and extent of the proposed landscaping and buffering on the site.
(5) 
Whether adequate utility, drainage, and other necessary facilities have or will be provided; and
(6) 
Whether adequate access roads or entrance and exit drives will be provided and shall be designed to prevent traffic hazards and minimize traffic congestion.
5. 
Special conditions. The Planning and Zoning Commission may stipulate conditions and limitations on the approval of the conditional use permit in the interest of the public welfare and to assure that the intent of this Code is carried out.
a. 
Conditions. The approval of a conditional use permit may place reasonable stipulations or conditions on the operation, location, arrangement, or construction of a conditional use in order to assure the protection of adjacent properties and uses in the vicinity, and to safeguard the welfare of the citizenry as a whole as it may be affected by the use.
b. 
Time limits and expiration.
(1) 
All conditional use permits expire upon any transfer of ownership of the property on which the conditional use is located.
(2) 
The Planning and Zoning Commission may impose any time limits on the duration of a conditional use permit use that the Commission finds appropriate for the circumstances of the use.
6. 
Extension of time or amendment. When a conditional use permit is set to expire due to an imposed time limit and the property owner wishes to continue the use, or when an applicant wishes to amend an approved conditional use permit, a new application for conditional use permit following the procedures established in this Subsection shall be submitted.
7. 
Termination for failure to pursue the conditional use or abandonment.
a. 
All conditional use permits approved prior to the passage of this Section and all conditional use permits approved after the effective date of this Code shall automatically terminate if the conditions set out below occur.
(1) 
Approval of the conditional use permit shall automatically terminate one (1) year after the date of approval of the conditional use permit unless a building permit or a certificate of occupancy has been granted for the use.
(2) 
Approval of the conditional use permit shall automatically terminate if the use is abandoned or is discontinued for a period of six (6) months or more.
b. 
Extensions of the approval period may be requested at any time prior to termination or within sixty (60) days after termination. When it is determined that no significant changes affecting the conditional use permit have occurred, the Planning and Zoning Commission may extend the approval. All approvals and extensions shall be valid for one (1) year from the date of action, unless the Planning and Zoning Commission approves a greater or lesser period.
F. 
Site Plan.
1. 
Purpose. The purpose of the site plan review process is to ensure compliance with the development and design standards and provisions of this Code. It is designed to encourage quality development reflective of the goals, policies, and objectives of the Comprehensive Plan. For land uses requiring a site plan review, such uses may be established in the City, and building or land use permits may be issued only after a site plan showing the proposed development has been approved in accordance with the procedures and requirements of this Subsection.
2. 
Types of site plan review.
a. 
Administrative site plan review. The following types of projects or amendments to existing site plan approvals may be approved by the Director using the administrative site plan approval process:
(1) 
A single use proposed in a structure that is less than twenty-five thousand (25,000) square feet in building size for that use;
(2) 
A combination of uses proposed in a single structure, such as a shopping center, that is less than twenty-five thousand (25,000) square feet in building size;
(3) 
Multiple buildings proposed where the combined total of all structures will not exceed twenty-five thousand (25,000) square feet in building size;
(4) 
Detached one-family dwellings and related accessory uses and buildings in approved subdivisions;
(5) 
Nonstructural remodeling of facade treatment in downtown Warsaw;
(6) 
Relocation of development pads, buildings, or dwelling units for some practical reasons such as topography, road alignment or easements, provided that the modification does not significantly alter the site design in terms of parking layouts, vehicular circulation, landscape design, and other similar components of the development plans;
(7) 
An increase or decrease in a proposed setback, provided that Code requirements are still met;
(8) 
A change in building design relating to items such as materials, colors, window, and door locations and mechanical units, provided that the design remains essentially the same as that previously approved by the Planning and Zoning Commission or Board of Aldermen;
(9) 
A modification to a recreation area or open space design, but not elimination or a significant reduction; or
(10) 
A change in landscape design/plant types or minor parking lot/site revisions.
b. 
Planning and Zoning Commission site plan review. The following types of projects shall require approval by the Planning and Zoning Commission:
(1) 
Any development, with the exception of single-family detached dwellings, that exceeds twenty-five thousand (25,000) square feet in building size;
(2) 
Any administrative site plan referred to the Planning and Zoning Commission by the Director;
(3) 
Any change that may affect an adjoining residential neighborhood;
(4) 
Any request that in the opinion of the Director would significantly alter the design of the site and/or building(s); or
(5) 
A request to change or delete a condition of approval established by the Planning and Zoning Commission or Board of Aldermen.
3. 
Procedures.
a. 
Preapplication meeting. A preapplication meeting is not required.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Notice is not required.
c. 
Multiple applications. Where a site plan is submitted in conjunction with another application that requires a preapplication meeting and notice of public hearing, the site plan shall be included in the preapplication meeting discussion and shall be made available for public review with all related applications.
4. 
Action by review and decisionmaking bodies.
a. 
Action by Director. The Director shall review each administrative site plan application and, as deemed necessary, distribute the application to other reviewers. Taking into account the results of those reviews, the Director shall take final action on the application and approve, approve with conditions, deny, or defer decision on the application based on the applicable approval criteria below. The Director's review and decision, including referral to other agencies and bodies, shall be completed within thirty (30) working days of receipt of a complete application. Failure to complete such review in thirty (30) working days shall not constitute deemed approval of the site plan.
b. 
Referral to Planning and Zoning Commission. The Director may refer to the Planning and Zoning Commission any application involving any requested deviation, modification, or exemption from the requirements of this Code, and/or any application that in the Director's opinion presents issues that require Planning and Zoning Commission attention. Such applications shall State all reasons for requesting any deviation, modification, or exemption from the rules, requirements, and regulations of this Code.
c. 
Action by Planning and Zoning Commission. Where a site plan has been referred by the Director to the Planning and Zoning Commission or is identified for Planning and Zoning Commission review by this Code, the Planning and Zoning Commission shall hold a hearing on the proposed application and approve, approve with conditions, or deny the proposed site plan, based on the applicable approval criteria below.
d. 
Approval criteria. The Director may approve a site plan upon a finding that the application meets all of the following criteria:
(1) 
The site plan is consistent with the Warsaw Comprehensive Plan;
(2) 
The site plan is consistent with any previously approved subdivision plat, planned development, or any other precedent plan or land use approval as applicable;
(3) 
The site plan complies with all applicable development and design standards set forth in this Code;
(4) 
Any significant adverse impacts reasonably anticipated to result from the structure or use will be mitigated or offset to the maximum extent practicable;
(5) 
The development proposed in the plan and its general location is or will be compatible with the character of surrounding land uses; and
(6) 
The development can be adequately served by City services, including but not limited to roads, water and wastewater.
5. 
Appeal. Appeal of a Director's determination on a site plan may be made to the Board of Adjustment. Appeal of a Planning and Zoning Commission determination on a site plan may be made to the Board of Aldermen by filing an appeal within fourteen (14) days of the date of the Planning and Zoning Commission's determination.
6. 
Modifications to site plans. The holder of an approved site plan may request a modification to the document or the conditions of approval by submitting amended documents to the Director. The amended documents shall be filed and processed in accordance with the procedures for an initial site plan submittal.
G. 
Planned Development.
1. 
Purpose.
a. 
Planned development district (PD) rezoning is appropriate for the purpose of providing design flexibility not normally available through standard zoning procedures. Planned development district rezoning is available in any zoning district classification except mixed use. Planned development rezoning is intended to encourage high-quality smart-growth development that provides:
(1) 
More efficient infrastructure;
(2) 
Reduced traffic demands;
(3) 
More usable public or private open space and pedestrian connectivity;
(4) 
Needed housing choices and affordability;
(5) 
Assurance of new quality development; and
(6) 
Protection of the quality and integrity of existing neighborhoods.
b. 
Planned development approval is a two-step process: approval of a preliminary site plan followed by approval of a final site plan. Preliminary plan approval may take place at the same time as rezoning if both applications are submitted together. The approved final development plan shall serve as a basis for use (permitted within the district), density, and design criteria.
c. 
The sale, subdivision or replatting of the lot after zoning approval does not exempt the project from complying with applicable development standards, architectural quality, sign concepts, or other conditions that were committed to at the time of rezoning.
2. 
Procedures.
a. 
Preapplication meeting. An applicant for PD rezoning is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). PD rezoning applications shall be submitted with a preliminary site plan that meets the requirements identified in the application form.
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Published, written and posted notice shall be provided before the 15th day prior to the Planning and Zoning Commission public hearing according to Section 405.020(F).
3. 
Planned development standards. The design of the PD shall be shown on the preliminary site plan and may include the following changes to the base zone district standards:
a. 
Revisions to site standards. All applications for planned developments may propose to revise site standards, such as setbacks or lot sizes, provided that they are reduced to not less than twenty-five percent (25%) of the underlying district standard and provided that the revisions are appropriate to the location and design of the development. For example, a front yard setback could be reduced from twenty-five (25) feet to six and twenty-five hundredths (6.25) feet to better suit a specific development layout.
b. 
Density bonus. A density bonus of up to ten percent (10%) over what is allowed by the underlying zoning district may be granted to projects that offer higher development standards and enhanced site amenities such as:
(1) 
Providing additional landscaping and buffering beyond the minimum amounts required under the standards in Section 405.120;
(2) 
Providing quality enhancements to the overall commercial architectural design for the site;
(3) 
Dedication of trails and open space, including on-site trail connections; and
(4) 
Maximizing traffic efficiency and connectivity while minimizing congestion by providing shared access to existing businesses and proposed land uses.
4. 
Action by review and decisionmaking bodies. A PD rezoning application is reviewed by the Planning and Zoning Commission and decided upon by the Board of Aldermen.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to approve, approve with revisions, postpone, or deny the application for PD rezoning.
b. 
Board of Aldermen review.
(1) 
The Board of Aldermen shall hold a public meeting to review the application and shall approve, approve with conditions, postpone, or deny the proposed PD rezoning.
(2) 
If there is a valid protest against the change of zoning that is signed by the owners of at least thirty percent (30%) of either: the area of land (exclusive of street and alleys) included in the proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, a zoning amendment will not become effective except upon the affirmative vote of two-thirds (2/3) of all members of the Board of Aldermen.
c. 
Approval criteria. The Planning and Zoning Commission and Board of Aldermen shall consider the following criteria when reviewing a PD preliminary site plan:
(1) 
The development meets the terms of the underlying zoning district and planned development district standards;
(2) 
The site is capable of providing the required amount of open space (green space) for the buildings, parking and drive areas;
(3) 
The site plan provides for safe and easy ingress, egress and internal traffic circulation;
(4) 
All easements and utilities shall be at or above the engineering standards/service capacities of the approving departments and agencies;
(5) 
The plan is consistent with good land use planning and site engineering design principles, particularly with respect to safety and aesthetics;
(6) 
The architectural designs are consistent with Warsaw's policies and regulations and compatible with surrounding features;
(7) 
The plan represents an overall development pattern that is consistent with the Comprehensive Plan, Master Street Plan, Master Land Use Plan and other adopted planning policies;
(8) 
Right-of-way, as determined by the City's Public Works Department, has been identified for dedication; and
(9) 
Recreational and aesthetic amenities associated with the planned developments shall be of an equal or higher quality than what is required of normal (nonplanned) developments.
5. 
Preliminary site plan amendment. Once property has been rezoned to a planned development district, changes to the preliminary site plan may be made only after approval of a revised preliminary site plan. Minor revisions or changes that are not considered significant may be approved by the Director without a public hearing. If these revisions or changes are not approved, they may be appealed to the Planning and Zoning Commission. Significant changes may only be approved after a rehearing by the Planning and Zoning Commission, which shall be subject to the same procedural requirements of the original application.
a. 
Determining significant changes. For the purposes of this Subsection, whether the changes to the preliminary site plan are significant shall be determined by the Director and shall mean any of the following as compared to the approved preliminary site plan:
(1) 
Any changes that exceed any terms specified by the Planning and Zoning Commission and/or Board of Aldermen;
(2) 
Increases in density or intensity of residential uses by more than five percent (5%);
(3) 
Increases in total floor area (entire plan) of all nonresidential buildings by more than five percent (5%) or five thousand (5,000) square feet, whichever is less;
(4) 
Increases of lot coverage by more than five percent (5%);
(5) 
Changes in architectural style that make the project less compatible with surrounding land uses;
(6) 
Changes in ownership patterns or stages of construction that lead to a different development concept;
(7) 
Changes in ownership patterns or stages of construction that impose substantially greater traffic volumes on streets and load capacities on other public facilities;
(8) 
Decreases in any peripheral setback of more than five percent (5%);
(9) 
Decreases in areas devoted to open space of more than five percent (5%) or the substantial relocation of such areas;
(10) 
Changes to the traffic circulation patterns that may affect traffic outside of the project boundaries;
(11) 
Modification or removal of conditions and stipulations to the preliminary site plan approval; or
(12) 
Modifications that change, amend, or violate the terms of the Comprehensive Plan.
b. 
Appeal. Appeal of the Director's determination of significance may be made to the Planning and Zoning Commission, whose decision shall be final. No further action shall be taken to process the application pending the Planning and Zoning Commission's determination.
6. 
Final site plan approval.
a. 
Submission. Following approval of a preliminary PD site plan, an applicant may submit a final PD site plan for approval. The final plan shall include the information specified on the PD final site plan application form.
b. 
Submitting preliminary and final plans. The developer may submit preliminary and final development plans simultaneously at the developer's own risk.
c. 
Grading and construction. Permits for grading or construction shall be issued only after final plans have been approved by the Director or Planning and Zoning Commission.
d. 
Conditions for approval. Final plans shall be approved only after the following conditions have been met:
(1) 
Final plans conform to the approved preliminary site plan and meet any special amendments or requirements imposed at the time of rezoning. Significant changes, as determined by the Director, between the preliminary plan and the final plan shall be sufficient reason to require the resubmission of a preliminary plan.
(2) 
If the project is being constructed in phases, each phase shall be functional and shall be adequately served by access drives, parking and utilities as a freestanding project and shall not have adverse effects on the neighborhood if the later phases of development are not carried out.
e. 
Director action.
(1) 
A final PD site plan that contains no modifications or additions from the approved preliminary plan shall be approved by the Director if the Director determines that all of the submission requirements have been satisfied.
(2) 
A final development plan that contains modifications from the approved preliminary development plan but which changes are not significant as measured against the original approved preliminary development plan may be approved by the Director if the Director determines that all of the submission requirements have been satisfied.
(3) 
If the final site plan has significant changes from the preliminary plan, the Director shall not be consider the final plan and shall return it to the applicant.
(4) 
Appeal of the Director's determination may be made to the Planning and Zoning Commission, whose determination shall be final. No further action shall be taken to process the application pending the Planning and Zoning Commission's determination.
H. 
Alternative Compliance.
1. 
Purpose and scope. To encourage creative and unique design, the alternative compliance process allows development to occur in a manner that meets the intent of this Code yet through an alternative design that does not strictly adhere to the Code's standards. This is not a general waiver of regulations. Rather, this Subsection authorizes a site-specific plan that is equal to or better than the strict application of the standard.
2. 
Applicability. The alternative compliance procedure is available only for the following sections of this Code:
a. 
Section 405.070, Natural Resource Area Protection;
b. 
Section 405.080, Mobility and Connectivity;
c. 
Section 405.090, Commercial and Mixed Use Design and Development Standards;
d. 
Section 405.100, Multifamily and Townhouse Residential Design Standards; and
e. 
Section 405.120, Landscaping and Screening.
3. 
Procedures.
a. 
Preapplication meeting. An applicant proposing alternative compliance shall request and attend a preapplication conference prior to submitting application materials for the applicable permit(s) to discuss the project, the applicable Code standards, and the proposed method of alternative compliance. The application should include sufficient explanation and justification, in both written and graphic form, for the requested alternative compliance.
b. 
Application and notice. An alternative compliance request shall be submitted as part of another application, such as with the landscaping portion of a site plan application or lot layout in a subdivision application. The alternative compliance request shall be clearly labeled on the application.
4. 
Decisionmaking responsibility. Final approval of any alternative compliance proposed under this Subsection shall be the responsibility of the decisionmaking body responsible for deciding upon the application. Administratively approved projects proposing alternative compliance shall receive written approval of the alternative compliance from the Director.
5. 
Review criteria. Alternative compliance requests may be approved if the applicant demonstrates that the following criteria have been met by the proposed alternative:
a. 
Achieves the intent of the subject standard to the same or better degree than the subject standard;
b. 
Advances the goals and policies of the Comprehensive Plan and this Code to the same or better degree than the subject standard;
c. 
Results in benefits to the community that are equivalent to or exceed benefits associated with the subject standard; and
d. 
Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code.
6. 
Effect of approval. Alternative compliance approval shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
I. 
Major Subdivision.
1. 
Purpose. The purpose of the subdivision review procedures is to ensure compliance with the standards and requirements in Section 405.140, Subdivision Design Standards, and encourage quality development consistent with the goals, policies and objectives in the Comprehensive Plan.
2. 
Applicability. The procedures of this Subsection and the standards in Section 405.140, Subdivision Design Standards, shall apply to all subdivisions or resubdivisions that result in the portioning, dividing, combining or altering of any lot, parcel or tract of land into two (2) or more lots, tracts, parcels or other divisions of land, except any subdivisions that are specifically excluded by State law or are defined as minor subdivisions in Section 405.030(J), below. However, unless the method of disposition is adopted for the purpose of evading the requirements of this Code, this procedure shall not apply to any division of land that:
a. 
Is created by any transfer by operation of law;
b. 
Creates cemetery lots;
c. 
Creates an interest or interests in oil, gas, minerals or water that are severed from the surface ownership of real property;
d. 
Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common of such interest. For the purpose of this Subsection, any interest in common owned in joint tenancy shall be considered a single interest; or
e. 
Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate.
3. 
Preliminary plat: procedures.
a. 
Generally. All major subdivisions are processed in two stages: the preliminary plat, and the final plat. The final plat can only be filed with the City for review and processing after the preliminary plat has been approved or conditionally approved by the Board of Aldermen. Specific procedures for preliminary and final plats are outlined below.
b. 
Preliminary plat preapplication meeting. An applicant for a preliminary plat approval is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
c. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
No notice is required for preliminary plat consideration.
4. 
Preliminary plat: action by review and decisionmaking bodies.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public meeting and approve, approve with revisions, postpone, or deny the application for preliminary plat. The Planning and Zoning Commission shall act on the application within sixty (60) days of the opening of the public meeting to consider the application or the application shall be deemed approved. The sixty-day time frame may be extended with the applicant's consent.
b. 
Board of Aldermen action. The Board of Aldermen shall review the Planning and Zoning Commission's action on the preliminary plat and take action by resolution. If the Planning and Zoning Commission has denied the preliminary plat, the Board may, by a vote of not less than three-fourths (3/4) of its full membership, overrule the disapproval.
c. 
Review criteria. Recommendations and decisions on preliminary plat approvals shall be based on consideration of the following criteria:
(1) 
Evidence of substantial compliance with the purpose and intent provisions of this Code.
(2) 
Consistency with the Warsaw Comprehensive Plan.
(3) 
Physical suitability of the land for the proposed development or subdivision.
(4) 
Compatibility of the subdivision design and development intensity with surrounding land uses.
(5) 
Whether there are adequate facilities available to serve the development as designed.
(6) 
Evidence of approval by the appropriate utilities, including water and sewer utilities.
(7) 
Compliance with all applicable use, density, development, and design standards set forth in this Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall avoid creating lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible.
(8) 
That the general layout of lots, roads, driveways, sidewalks, utilities, drainage facilities, and other services within the proposed subdivision is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Code.
(9) 
Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with State and local laws and regulations.
(10) 
Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas is compatible with such conditions.
(11) 
Provision has been made for assumption of responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision.
(12) 
As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing.
5. 
Preliminary plat: effect of approval. Approval of the preliminary plat does not constitute acceptance of the subdivision but is merely an authorization to proceed with preparation of the final plat for record. No grading of streets or construction shall be done in the subdivision before the final plat is approved by the Planning Commission and by the Board of Alderman except by special permission of the Board of Aldermen. Upon refusal of the Planning and Zoning Commission to approve a preliminary plat, the applicant may make such changes as are required for approval and resubmit the plat or he/she may appeal the decision to the Board of Aldermen who may reverse the decision of the Planning Commission and approve said preliminary plat. The approval of the preliminary plat shall be effective for a period of two (2) years; such period may be extended by the Planning Commission upon the request of the property owner.
6. 
Preliminary plat: termination. An approved preliminary plat terminates after two (2) years without further notice unless a final plat has been filed. Final plats may be filed for less than the entire preliminary plat; however, any portions of the preliminary plat that are not subject to a final plat at the end of two (2) years shall be deemed terminated. A new preliminary plat application will be required for any areas of the development subject to a terminated preliminary plat.
7. 
Engineering and construction plans.
a. 
Engineering and construction plans required. Completed engineering and construction plans, prepared by an engineer licensed in the State of Missouri, shall be submitted to the Director of Public Works prior to or concurrently with the submission of a final plat application. The Director of Public Works shall determine whether the engineering and construction plans conform to the City's engineering specifications. If the engineering and construction plans do not comply, the Director of Public Works shall provide the applicant with information as necessary to modify the plans. Engineering and construction plans must be approved by the Director of Public Works prior to City approval of a final plat application.
b. 
Submission requirements.
(1) 
Upon the approval of the preliminary plat, the subdivider shall have prepared engineering drawings for proposed required improvements containing the data and information specified below:
(a) 
Plans, profiles, details, specifications and cost estimates for roadway and sidewalk construction, including plans and profiles for each street with a typical cross section of the roadway. The profiles of grade lines shall be shown to a scale of one (1) inch equals fifty (50) feet horizontal and one (1) inch equals five (5) feet vertical. This information shall be shown on standard plan and profile sheets unless otherwise required.
(b) 
Plans, profiles, details, specifications and cost estimates of proposed storm drainage improvements.
(c) 
Plans, profiles, details, specifications and cost estimates of proposed water distribution systems and proposed water supply facilities and hydrants, if any.
(d) 
Plans, profiles, details, specifications and cost estimates of sewage systems and of any required sewage treatment facilities.
(e) 
Grading plans for all lots and other sites in the subdivision.
(f) 
When unusual site conditions exist, the governing body may require such additional plans, specifications and drawings as may be necessary for an adequate review of the improvements to be installed.
(g) 
All plans shall be based on City or United States Geological Survey datum for vertical control.
(2) 
Any or all of the required drawings may be waived or modified by the Board of Aldermen, after consideration of the City Engineer's opinion, upon a showing by the subdivider that such drawings are either unnecessary or create a substantial hardship.
8. 
Final plat: procedures.
a. 
Final plat preapplication meeting. An applicant for a final plat approval is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
No notice is required for final plat consideration.
9. 
Final plat: action by review and decisionmaking bodies.
a. 
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public meeting and recommend approval, approval with revisions or denial of the application for final plat. The Planning and Zoning Commission shall act on the application within sixty (60) days of the opening of the public meeting to consider the application or the application shall be deemed approved. The sixty-day time frame may be extended with the applicant's consent.
b. 
Board of Aldermen action. The Board of Aldermen shall review the Planning and Zoning Commission's recommendation on the final plat and approve, approve with revisions or deny the final plat application. Approval of the final plat does not constitute acceptance of the public improvements identified on the plan; the Board of Aldermen shall take a separate action to review and determine whether to accept dedication of the public improvements.
c. 
Review criteria. The Planning and Zoning Commission shall not recommend approval of and the Board of Aldermen shall not approve any final plat unless the final plat meets all of the following criteria:
(1) 
The proposed final plat complies with the conditions of approval of the preliminary plat;
(2) 
The layout and design of the proposed final plat is in substantial compliance with the approved preliminary plat, including but not limited to number of lots or parcels, street and block layout, and access;
(3) 
The improvement plans for any required on-site or off-site public or private improvements have been reviewed and approved by the City for construction; and
(4) 
The applicant has constructed all the required public or private improvements that have been inspected and accepted by the City, or the applicant has filed with the City sufficient financial security for those improvements pursuant to Section 405.030(I)(11), below.
10. 
Recordation. The approved plat shall be recorded at the Benton County Recorder of Deeds office at the applicant's expense within one (1) year of approval. A final plat that is not recorded within one (1) year shall be considered void.
11. 
Improvements.
a. 
General.
(1) 
After the approval of the final plat, the subdivider may do the grading and any drainage work that is required, all according to plans approved by the City Engineer.
(2) 
Prior to the issuance of any building permits, all street paving, storm drainage, and utility lines must be installed in accordance with Section 405.140.
(3) 
In lieu of the actual construction of all physical improvements prior to the filing of the final plat, the Board of Aldermen may accept a bond, cash escrow, benefit district or other financial guaranty in an amount that will provide for the construction of the required improvements within a period of time to be specified by the Board of Aldermen. Such financial guaranty shall be properly executed prior to any grading or construction and may be released in segments upon written approval of the City.
(4) 
In order to encourage appropriate development, the City may, at the discretion of the Board of Aldermen, assist in the construction and financing of any of the required improvements. The extent and nature of such assistance, if any, shall be determined solely by the Board of Aldermen.
b. 
Building permits. Unless the required improvements have been installed or guaranteed by a bond for a lot or tract, no building permits shall be issued for that lot or tract.
c. 
Construction of improvements. No improvements shall be constructed nor shall any work preliminary thereto be done until such time as a final plat and the engineering drawings accompanying it shall have been approved by the Board of Aldermen and there shall have been compliance with all of the requirements relating to an agreement, bond or deposit specified in these regulations.
d. 
Inspection. All improvements constructed or erected shall be subject to inspection by the City or its designated representative responsible for setting and enforcing the applicable design and construction standards of the required improvement. The subdivider shall give at least twenty-four (24) hours' notice to such official prior to the performance of any work item which the City requests to inspect.
e. 
Acceptance of improvements. Upon the determination by the Board of Aldermen, after consideration of the opinion of the official, that there are no defects, deficiencies or deviations in the improvements, and that all improvements have been installed in conformance with the approved engineering drawings, and with the requirements of this Code, and all other applicable State and Federal statutes, ordinances and regulations, the Board of Aldermen and/or such appropriate utility shall thereupon by resolution or by letter, respectively, formally accept such improvements. The improvements shall become the property of the Board of Aldermen or appropriate utility company involved.
J. 
Minor Subdivision And Administrative Lot Combination.
1. 
Purpose. The purpose of the minor subdivision review procedure is to ensure compliance with the standards and requirements in Section 405.140, Subdivision Design and Improvements, and to encourage quality development consistent with the goals, policies and objectives in the Comprehensive Plan.
2. 
Applicability. The minor subdivision procedure is applicable for the following, provided that the proposed lots and resulting density are permitted under the existing zoning designation of the subject property:
a. 
A condominium, timesharing, or duplex subdivision as defined in this Code;
b. 
A subdivision that creates no more than three (3) lots where no new roads or public infrastructure is required, provided that parcels are eligible for minor subdivision only once, and further subdivision of the original or newly created parcels shall be processed as a major subdivision;
c. 
Consolidation of two (2) or more lots into a single lot in a previously recorded subdivision plan; and
d. 
Lot line adjustments where the resulting number of lots does not change.
3. 
Minor subdivision plat: procedures.
a. 
Minor subdivision plat preapplication meeting. An applicant for a minor subdivision plat approval is required to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020.(E).
(3) 
No notice is required for minor subdivision plat consideration.
4. 
Action by review and decisionmaker.
a. 
Authority. The Director shall have decisionmaking authority for minor subdivisions.
b. 
Review and approval criteria.
(1) 
Evidence of substantial compliance with the purpose and intent provisions of this Code;
(2) 
Consistency with the Warsaw Comprehensive Plan;
(3) 
Physical suitability of the land for the proposed development or subdivision;
(4) 
Compatibility with surrounding land uses;
(5) 
Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed minor subdivision;
(6) 
Evidence of adequate sewage treatment for each lot; and
(7) 
Evidence that the subdivision will not create any hazards due to geology, soil, topography, drainage, fire protection, or any other condition, and that all lots will contain safe, adequate building sites.
5. 
Recordation. The applicant shall cause the minor plat to be recorded within ninety (90) days from the date of approval and acceptance of the Director. In the event that the plat is not recorded, the approval of the Director shall be deemed to be void.
6. 
Administrative lot combination. The Director has the authority to approve lot combinations in which the configuration of the property is created by the assembly or combination of existing tracts of record where the Director finds that the proposed lot combination does not substantially increase demands on public infrastructure serving existing and proposed tracts, parcels or lots, and the following conditions are satisfied:
a. 
The proposed lot combination is in compliance with all other provisions of this Code;
b. 
The proposed lot combination will not create any tract, parcel, or lot that does not meet the minimum lot standards of the zoning district in which it is located;
c. 
The proposed lot combination shall not cause any construction over a public sanitary sewer line or sewer easement; and
d. 
The proposed lot combination is consistent with the surrounding area. In determining consistency, the size and dimensions of lots previously developed, the layout and design of existing subdivisions and the degree of deviation from previous development shall be considered.
K. 
Variance.
1. 
Purpose and applicability. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted.
2. 
Applicability. An application for a variance may be requested by a property owner in the City.
3. 
Procedures.
a. 
Preapplication meeting. An applicant for a variance is encouraged to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). All variance applications shall be accompanied by a site plan.
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Published, mailed, and posted notice shall be provided before the 15th day prior to the Board of Zoning Adjustment public hearing according to Section 405.020(F).
4. 
Action by review and decisionmaking bodies.
a. 
Review by Board of Adjustment. A variance application is reviewed by the Board of Adjustment at a public hearing.
b. 
Review criteria. In exercising the power to grant variances from the specific requirements of these regulations, the Board of Adjustment shall find each of the following factors to exist:
(1) 
The variance requested arises for such condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action or actions of the property owner or applicant.
(2) 
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners represented in the application.
(3) 
The strict application of the provisions of the zoning regulations for which the variance is requested will constitute unnecessary hardship upon the property owners represented in the application.
(4) 
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
(5) 
The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations.
c. 
Conditions of approval.
(1) 
In granting a variance, the Board of Adjustment may impose such conditions, safeguards and restrictions upon the premises benefitted by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Code.
(2) 
The Board of Adjustment may require a performance bond to guarantee the installation of improvements. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board of Adjustment and shall be enforceable by or payable to the City in the sum equal to the cost of constructing the required improvements.
(3) 
In lieu of performance bonds or other conditions, the Board of Adjustment may specify a time limit for the completion of such required improvements, and in the event the improvements are not completed within the specified time, the Board of Adjustment may, after reconsideration, declare the granting of the application null and void, or the variance may be made contingent on the performance of certain actions.
d. 
Action on approval. If an application for variance is granted by the Board of Adjustment, it shall be signed by the Chairman of the Board and shall State on the application the conditions of the approval established by the Board. A copy of the approved variance application shall be forwarded to the Director who shall issue a permit setting out the terms of the variance
L. 
Appeal.
1. 
Purpose. The Board of Adjustment shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the administration or enforcement of this Code.
2. 
Applicability. Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer.
3. 
Procedures.
a. 
Preapplication meeting. An applicant for an appeal is encouraged to attend a preapplication meeting according to Section 405.020(B). The schedule for preapplication meetings is available from the City.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D). The application shall specify all grounds for the appeal. All grounds not specified in the application shall be deemed waived by the applicant.
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
No notice is required for an appeal.
c. 
Timing of application. An appeal shall be taken within thirty (30) days of the date of the decision. The officer whose decision is being appealed shall immediately, after being served with the notice of appeal, transmit all the papers constituting the record upon which the action appealed from was taken to the Secretary of the Board of Adjustment.
4. 
Action by review and decisionmaking bodies.
a. 
Review by Board of Adjustment.
(1) 
An appeal is reviewed by the Board of Adjustment at a regular meeting.
(2) 
The Board of Adjustment shall grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. An appeal shall be sustained only if the Board of Adjustment finds that the administrative official erred.
(3) 
In exercising the appeal power, the Board of Adjustment shall have all the powers of the official from whom the appeal is taken, and the Board of Adjustment may reverse or affirm wholly or partly or may modify the decision being appealed.
(4) 
If the Board of Adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence.
b. 
Time frame for action. The Board of Adjustment shall take action on an appeal within a reasonable period of time after application submittal, but in no case more than sixty (60) days after receipt of a complete application.
c. 
Vote to reverse administrative determination. A concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of an administrative official. Every decision of the Board of Adjustment shall be accompanied by a written finding of fact specifying the reason for the decision.
5. 
Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
M. 
Minor Modification.
1. 
Purpose. Applications for minor modification may be submitted along with an application for development permit for the purpose of making a minor amendment to a development standard applicable to the proposed project. Minor modifications may also be made to approved site plans that conform to the requirements of this Section. A minor modification allows a change of up to ten percent (10%) to the applicable standard.
2. 
Standards subject to minor modification.
a. 
Up to four (4) minor modifications may be provided for a pending development application. No more than two (2) minor modifications may be permitted to correct measurement errors on an approved application through the submission of a site plan.
b. 
The following standards may be subject to minor modifications of up to a maximum of ten percent (10%) from the general development and zoning district standards, provided that the applicable approval criteria below are met.
(1) 
Minimum lot area requirements;
(2) 
Setback requirements; and
(3) 
Quantitative development standards (e.g., percentage of site landscaping, number of parking spaces, etc.).
3. 
Measurement. The modification is calculated by applying the ten-percent modification to the required development standard or measurement, rounded to the nearest whole number. For example, a required ten-foot side yard setback may be modified by ten percent (10%) or one (1) foot, allowing a nine-foot setback.
4. 
Approval criteria. Minor modifications may be approved only upon a finding that all of the following criteria have been met:
a. 
The requested adjustment is consistent with the stated purposes of this Code.
b. 
The adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands and will not pose a danger to the public health or safety.
c. 
Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum practical extent.
d. 
The administrative adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either:
(1) 
Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;
(2) 
Supporting an objective or goal from the purpose and intent statements of the zoning district where located; or
(3) 
Proposed to protect sensitive natural resources or better integrate development with the surrounding environment.
5. 
Review process. Final approval of any proposed minor modification shall be the responsibility of the decisionmaker of the application to whom the minor modification request has been submitted. Minor modifications to approved site plans may be made by the Director.
N. 
Grading Permit.
1. 
Purpose. The purpose of this Subsection is to provide procedures for grading permits. The intent of the requirement for such permits is to minimize and mitigate the disturbance of land, vegetation, drainage patterns, and any hazards arising from site disturbance prior to City review.
2. 
Applicability.
a. 
It shall be unlawful for any person to conduct any activity resulting in any of the following total disturbed areas without first obtaining a grading permit pursuant to this Subsection. A grading permit shall be required for disturbed areas of:
(1) 
One (1) acre or more.
(2) 
Less than one (1) acre if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.
b. 
The City may also require a grading permit regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, conditional use permit, or site development plan, or if the construction activities are adjacent to a floodplain boundary or wetlands.
c. 
Grading not relating to a development application shall be prohibited, except as exempted below.
d. 
Exemptions. The following activities are exempt from this Subsection:
(1) 
Agricultural cropping and land management activities, not including construction activities.
(2) 
Maintenance and repair of any stormwater facility, utilities, irrigation ditch, watercourse, or related practice deemed necessary by the City Engineer.
(3) 
Emergency repairs to streets, utilities and other similar facilities deemed necessary by the City Engineer.
3. 
Procedures.
a. 
Preapplication meeting. A preapplication meeting is not required.
b. 
Application and notice.
(1) 
All applicants shall submit an application in the correct form as authorized in Section 405.020(D).
(2) 
All applicants are required to submit complete applications as identified in Section 405.020(E).
(3) 
Notice is not required.
4. 
Action by review and decisionmaking bodies.
a. 
Director of Public Works.
(1) 
The grading plan and statement shall be reviewed for consistency with applicable regulations and standards and approval criteria below, and if approved by the Director of Public Works, a permit shall be issued within ten (10) working days of application.
(2) 
If determined inadequate by the Director of Public Works, the application shall be returned within ten (10) working days, and the owner may resubmit, without additional fees, an amended grading plan or statement.
b. 
Approval criteria. The Director of Public Works shall approve a grading permit application if it meets the following criteria:
(1) 
The grading proposed will have adequate on- and off-site sedimentation and erosion control measures;
(2) 
The grading proposed is the minimum amount necessary to carry out development plans;
(3) 
The grading proposed avoids any adverse impact on natural drainage patterns on- and off-site; and
(4) 
To the maximum extent practicable, the grading proposed avoids any disturbance of ridgelines, streams or existing trees and vegetation.
O. 
Permits.
1. 
Permit required.
a. 
No building or other structure shall be erected, constructed, reconstructed, or moved, nor shall it be altered without first obtaining a building permit in accordance with the terms of this Subsection.
b. 
No open, vacant or unimproved land shall be used for any purpose other than agriculture without first obtaining a land use permit from the Director to be issued in accordance with the terms of this Subsection.
2. 
Uses subject to permit. The following uses shall be required to obtain a land use permit:
a. 
Salvage yards and junkyards.
b. 
Used car or auto storage lots.
c. 
Machinery, equipment or materials storage.
d. 
Mines, quarries or soil stripping.
e. 
Skeet shoots or target ranges.
f. 
Refuse dump or sanitary fill.
g. 
Railroad yards.
h. 
Picnic groves; fishing lakes.
i. 
Golf courses, baseball field and other privately owned recreation areas.
j. 
Nurseries.
3. 
Application. Applications for permits shall be filed with the Zoning Administrator upon forms prescribed, setting forth, among other things, the legal description of the lot, tract or parcel of land, together with a general description of the building or structure to be constructed, erected or altered thereon, including the approximate size and shape, location of the building or structure upon the lot, tract or parcel and the intended use.
4. 
Conformity with Code. No such permit shall be issued for any building, structure, construction or use of land unless the same is in conformity in every respect with all the provisions of this Code.
5. 
Issuance.
a. 
The Director shall be empowered to act within the provisions of this Chapter, upon all applications for building permits, and the same shall be approved or denied not later than the fifth business day succeeding as herein provided. The applicant may appeal to the Board of Adjustment.
b. 
For each building permit issued there shall be charged and collected from the applicant a fee as set out in Section 500.020.
c. 
For radio tower, trailer court, sign, or other use of land of a type not providing floor space to which the above schedule is applicable, there shall be charged a fee of ten cents ($0.10) for each one hundred dollars ($100.00) of the total cost of the work to be performed, provided that the minimum fee shall be two dollars ($2.00).
d. 
There shall be a separate permit for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous.
6. 
Revocation. A permit may be revoked by the Director at any time prior to the completion of the building or structure for which the same was issued when it shall appear that there is departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation or was issued by mistake, or that any of the provisions of this Code are being violated. Upon the failure, refusal or neglect of any owner, his/her agent, contractor or duly authorized representative to secure such permit and pay the prescribed fee therefore as herein provided, the Building Inspector may issue a stop order; provided, however, that twenty-four (24) hours' written notice of such revocation or order to stop shall be served upon the owner, his/her agent or contractor or upon any person employed upon the building or structure for which such permit was issued, and thereafter no such construction shall proceed.
[Ord. No. 211 § 2, 12-21-2015]
A. 
General Provisions.
1. 
Purpose. This Section establishes the zoning districts and contains basic information pertaining to the districts, including statements of purpose and dimensional standards.
a. 
Residential district purposes. The residential zoning districts are intended to:
(1) 
Provide appropriately located areas for residential development that are consistent with the Warsaw Comprehensive Plan and with the public health, safety and general welfare;
(2) 
Ensure adequate light, air and privacy for all dwelling units;
(3) 
Protect the scale and character of existing residential neighborhoods and the community;
(4) 
Discourage any use that would generate traffic or create congestion on neighborhood streets other than the normal traffic that serves the residents of the district; and
(5) 
Discourage any use that, because of its character or size, would create additional requirements and costs for public services that are in excess of such requirements and costs if the district were developed solely for the intended type of residential uses.
b. 
Mixed-use district purposes. Mixed-use districts are intended to:
(1) 
Promote higher-density residential development near and within downtown Warsaw;
(2) 
Concentrate higher-intensity commercial and office employment growth efficiently in and around the downtown and other centers of community activity;
(3) 
Encourage mixed-use redevelopment, conversion and reuse of aging and underutilized areas, and increase the efficient use of available commercial land in the City;
(4) 
Create pedestrian-oriented environments that encourage pedestrian access, bicycle use, and more sustainable land use patterns; and
(5) 
Ensure that the appearance and function of residential and nonresidential uses are of high and unique aesthetic character and quality and are integrated with one another and the character of the area in which they are located.
c. 
Commercial and industrial district purposes. Commercial and industrial districts are intended to:
(1) 
Help implement the Warsaw Comprehensive Plan by accommodating a full range of office, retail, commercial, service, and mixed uses needed by Warsaw's residents, businesses, visitors and workers;
(2) 
Encourage site planning, land use planning, and architectural design that create an interesting, pedestrian-friendly environment where appropriate;
(3) 
Maintain and enhance the City's economic base and provide shopping, entertainment and employment opportunities close to where people live and work;
(4) 
Preserve, protect and promote employment-generating uses;
(5) 
Create suitable environments for various types of commercial and industrial uses and protect them from the adverse effects of incompatible uses;
(6) 
Allow flexibility to encourage redevelopment and positive improvements to existing businesses and residences;
(7) 
Minimize potential negative impacts of heavy-impact nonresidential development on adjacent residential areas; and
(8) 
Provide suitable locations for public and semipublic uses needed to complement nonresidential development.
2. 
Zoning districts established. For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, moving or use of buildings, structures or land, all lands within the corporate limits of Warsaw are hereby divided into the following districts:
Table 405.040-1
Zoning Districts
Classification
District
Abbreviation
Base Districts
Residential Districts
Single-Family Dwelling District
R-1
Two-Family Dwelling District
R-2
Multiple-Family Dwelling District
R-3
Mobile Home District
R-4 (Retired)
Commercial Districts
Local Business District
C-1
Central Business District
C-2
Commercial District
C-3
Industrial Districts
Light Industrial District
M-1
Heavy Industrial District
M-2
Open Space District
Open Space District
O
Overlay Districts
Waterfront Overlay District
WOD
3. 
Zoning Map.
a. 
Official Zoning Map. The location and boundaries of the zoning districts are established as shown on a map prepared for that purpose designated as the "Zoning District Map." The Zoning Map, along with all of the notations, references and information shown on the Map are incorporated into and made part of this UDO.
(1) 
If changes are made in district boundaries or other items portrayed on the official Zoning District Map in accordance with the procedures established in this UDO, the changes shall be entered on the Map.
(2) 
The official Map shall be located in the office of the City Clerk and shall be the final authority as to the current zoning status of land, buildings and other structures in the City.
b. 
Zoning Map interpretation.
(1) 
When definite distances in feet are not shown on the Zoning District Map, the district boundaries are intended to be along existing street, alley or platted lot lines or extensions of the same, and if the exact location of such lines is not clear, it shall be determined by the Zoning Administrator, due consideration being given to location as indicated by the scale of the Zoning District Map.
(2) 
When streets or alleys on the ground differ from the streets or alleys as shown on the Zoning District Map, the Zoning Administrator may apply the district designations on the Map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of this Chapter.
4. 
Annexation. All territory hereafter annexed to the City of Warsaw shall be classified as Residential Holding - Open (RH-O) until other zoning, where appropriate, is approved in accordance with required procedures. No permit for use of property or erection of structures shall be issued unless such use and structure is permitted in the RH-O District.
B. 
Single-Family Residential (R-1).
405 Single-Family Residential.tif
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.
C. 
Two-Family Residential (R-2).
405 Two-Family Residential.tif
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.
D. 
Multifamily Residential (R-3).
405 Multi-Family Residential.tif
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.
E. 
Mobile Home (R-4) Retired. The R-4 District is retired as of the adoption date of this Code. Property can no longer be rezoned to R-4. The lawful use of property for parking mobile homes may be continued only to the extent that it exists as of the effective date of this Code. No mobile home may be replaced on any lot within the City after the effective date of this Code.
1. 
Purpose. The purpose of this district is to provide regulations for the continued use of moderate-density mobile home developments in a residential atmosphere as they existed as of the effective date of this Code. All land in this district shall be subject to the following requirements except as may be modified by Section 405.050(B)(1)(b).
2. 
Uses. Uses permitted in the R-4 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the R-4 District:
Table 405.040-5
Mobile Home District Dimensions
Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (acres or square feet)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Mobile home
1 acre per park
150
n/a
n/a
25
7
n/a
30
35
Single-family dwelling
8,000
80
n/a
n/a
25
7
n/a
30
35
All other uses
10,000
80
n/a
n/a
25
7
n/a
30
35
4. 
Use limitations.
a. 
All mobile homes shall be connected to public water and sewer systems.
b. 
Mobile homes in mobile home parks shall be blocked at a maximum of ten-foot centers around the perimeter of each mobile home and each blocking shall provide two hundred fifty-six (256) square inches bearing upon the ground or pad. All mobile homes shall be secured to the ground by tie downs and ground anchors in conformance with the standards of the State of Missouri.
c. 
All electrical, gas or propane hookups shall be in conformance with the requirement of the supplier.
d. 
All spaces in mobile home parks shall front on either a public street or a private street constructed to the City's standards for public streets.
e. 
Mobile homes in mobile home parks shall not be closer than twenty (20) feet to another mobile home or to the boundary of the mobile home park.
f. 
Mobile homes on individual residential lots shall be limited to one (1) per lot and shall be required to meet the minimum lot requirements of this district. Accessory structures, as defined under Section 405.180, Definitions, shall be placed in conformance with the setback and dimensional requirements established for this district.
g. 
Preowned manufactured homes are allowed as provided in under Chapter 405, Section 405.050.
5. 
Nonconformity. All existing occupied mobile homes located on an individual lot shall be permitted to remain in place so long as occupied, but provided that they may not be replaced unless made to conform to the requirements of this Chapter. Any such existing mobile home shall be removed when unoccupied for a period in excess of twelve (12) months.
F. 
Local Business Mixed-Use (C-1).
1. 
Purpose. The purpose of this district is to provide for a compatible mix of residential and small-scale neighborhood serving commercial and civic uses. This district is intended to be placed in a neighborhood setting providing a comfortable and safe pedestrian environment and further enhancing the character of the neighborhood. The C-1 District implements the Commercial/Office and Medium- and High-Density Residential classification of the Warsaw Comprehensive Plan and should be located along a primary collector street.
2. 
Uses. Uses permitted in the C-1 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the C-1 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-6
Local Business District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Maximum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Single-family detached
4,000
0
10
60%
15
0, 152
15
02
35
Two-family
5,500 (2,250 per dwelling unit)
0
10
60%
15
0, 152
15
02
35
Townhouse/ multifamily
1
0
10
70%
15
0, 152
15
02
45
Nonresidential
1
0
n/a
70%
15
0, 152
15
02
35
NOTES:
1
Must meet setback, height and lot coverage requirements.
2
Fifteen-foot setback is required where C-1 abuts a residential district or use.
4. 
Use limitations. Retail and service uses shall conduct all business within an enclosed structure; no drive-in, drive-through or curb service.
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.
I. 
Waterfront Overlay District (WOD).
1. 
Purpose. The purpose of the Waterfront Overlay District is to allow additional protections to all waterfront districts when an alteration to existing conditions occurs. The Waterfront Overlay District provisions have the following purposes:
a. 
To preserve natural, recreational, scenic and historic values along the City of Warsaw's waterfronts on the Osage River and Truman Lake.
b. 
To preserve, provide and enhance recreation areas and other green space.
c. 
To provide a continuous bicycle/pedestrian trail along the Osage River.
d. 
To strengthen the vitality of the district and capitalize on the asset of the waterfronts.
e. 
To promote the Osage River waterfront district as a unique destination place that brings pedestrian traffic to downtown Warsaw.
f. 
To maximize the potential utility and enjoyment of the Osage River waterfront through active and passive uses, such as waterfront dining, public walkways and seating areas.
g. 
To protect the public health and safety.
h. 
To regulate uses and structures along the waterfront to avoid increased erosion and sedimentation.
i. 
To recognize areas of significant environmental sensitivity that should not be intensely developed.
j. 
To allow reasonable uses of land on the waterfront while directing more intensive and non-water-related development to the most appropriate areas of the community and region.
2. 
Definitions. The following definitions apply to this Chapter:
ENCROACH
To permanently occupy space within the physical boundaries of (such as a wetland).
FLOODPLAIN
Flood hazard areas as determined by the National Flood Insurance Agency.
FLOOD RELATED
Any condition that can be attributed to the damage or occurrence of a flood or accidental inundation of water.
IMPERVIOUS SURFACE
Any nonporous area covered by a substance that does not, by its physical qualities, permit inundation by water, including but not limited to asphalt, slate, brick, aluminum, and concrete.
NONPOINT POLLUTION
Waterborne substances that can have adverse impacts on fish, wildlife, habitats and water quality, and that enter the groundwater via a diffuse number of points, possibly from the same source, as opposed to one particular point of entrance.
PHYSICAL OBSTACLE
Any structure or piece of structure that prevents visual or physical contact.
PIER
A structure that encroaches on a body of water specifically for the purpose of providing the general public with access for recreational fishing.
SHORELINE
The point at which land and water meet as determined by the mean high-water mark of a body of water.
STORMWATER MANAGEMENT
The intentional containment, chemical treatment or alteration of flow of water that results from precipitation specifically for the purpose of preventing flooding, erosion or nonpoint pollution.
SUBSTANTIAL REHABILITATION
The investment of more than fifty percent (50%) of a structure's assessed value in repairs or improvements other than physical expansion.
WATER-DEPENDENT USES
Activities which require a location in, on, over or adjacent to the water because the activities require direct access to water and the use of water is an integral part of the activity. Examples of water-dependent uses include public and private marinas, yacht clubs, boat yards, commercial and recreational fishing facilities, tour boat and charter boat facilities, unloading and aggregate transshipping facilities, waterborne commerce, ferries, marine educational or laboratory facilities, and water-related public and quasi-public utilities.
WATER-ENHANCED USES
Activities that do not require a location on or adjacent to the water to function, but whose location on the waterfront could add to the public enjoyment and use of the water's edge, if properly designed and sited. Water-enhanced uses are generally of a recreational, cultural, commercial or retail nature.
3. 
Applicability. The Waterfront Overlay District is applicable where shown on the Warsaw Zoning Map.
4. 
Uses. Uses permitted in the WOD District are identified in Table 405.050-1, Use Table.
5. 
Dimensions. Development in the WOD shall conform to the dimensions applicable in the underlying base zone district along with any supplemental regulations provided in Section 405.040(M), except as follows:
a. 
Visual and physical access. Any new development that creates a visual or physical obstacle to public access on land that was previously accessible to the public shall mitigate the impact to ensure that physical and visual access is provided in another form.
b. 
Waterfront setback. Properties adjacent to the Osage River shall have a setback of fifty (50) feet from the top of the riverbank, as defined by the Director of Public Works on a site-by-site basis.
6. 
District regulations. Development otherwise permitted in the underlying zone shall meet the following standards:
a. 
Docks and piers. Access to the water from lots in any proposed subdivision shall be from a single common dock unless a single dock is considered infeasible, as determined by the Director.
b. 
Water-dependent uses. Any applicant proposing development adjacent to a water-dependent use will be required to notify the owner of the water-dependent use and submit his/her comments with the site plan, if comments were received. New development that permanently interferes with existing use of the water or will permanently inhibit the continued operation of a water-dependent use is prohibited.
c. 
Residential uses. All habitable space within dwelling units in the WOD shall be located above the one-hundred-year floodplain.
d. 
Water-enhanced uses. Any proposed water-enhanced use that will have a significant negative environmental or economic impact on existing water-dependent uses [more than one (1)] will not be permitted.
e. 
Marinas. All site plans for new marinas or expansion of existing ones must include a stormwater management plan signed and prepared by a Missouri licensed engineer and must include a pump out.
f. 
Hazards to water quality. No structure or building shall be used in such a way as to significantly threaten or cause significant pollution to the water quality of the Osage River or Truman Lake.
g. 
Relation to water. Any use encroaching on water or that will exist permanently above water that is not water-dependent will not be permitted.
h. 
Building orientation. Primary structures shall be oriented toward the Osage River as well as the street by providing windows, doorways and other architectural features on the riverfront side of buildings.
i. 
Natural features. Destruction of natural features that serve to protect from floods or erosion shall not be permitted. Such features could include the riverbank, vegetation, and natural slopes. Any party responsible for the illegal or unauthorized destruction of such features will be compelled to replace them or compensate the City for their replacement.
j. 
Pedestrian trails. A continuous publicly accessible municipally owned pedestrian trailway, the Osage Trail, shall be created along the Osage River waterfront in the Waterfront Overlay District. An applicant for site plan approval of a lot or parcel which contains land along the Osage River waterfront shall be required to reserve a continuous right-of-way having a minimum width of twenty five (25) feet measured laterally from the riverbank of the Osage River in which a minimum twelve-foot-wide paved public trailway shall be developed on that lot or parcel in accordance with City's Master Trail Plan.
J. 
Light Industrial (M-1).
1. 
Purpose. This district is intended to provide for a variety of businesses, including warehouses, research and development firms, repair shops, wholesale distributors, and light manufacturing. This district may include supporting office and commercial uses where appropriate. Uses permitted in this district are intended to serve community and regional needs. This district is intended to be located away from low- and medium-density residential development. The M-1 District implements the Industrial and Transportation/Utilities classifications of the Warsaw Comprehensive Plan and should take access from a primary connector or principal arterial street.
2. 
Uses. Uses permitted in the M-1 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the M-1 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-9
Light Industrial District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Office/ Commercial/ Industrial
8,000
80
25
7
20
45
K. 
Heavy Industrial (M-2).
1. 
Purpose. The purpose of this district is to accommodate a broad range of manufacturing, warehousing and wholesaling uses. This district is intended to be located away from residential development. The M-2 District implements the Industrial and Transportation/Utilities classifications of the Warsaw Comprehensive Plan and should take access from a primary connector or principal arterial street.
2. 
Uses. Uses permitted in the M-2 District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the M-2 District along with any supplemental regulations provided in Section 405.040(M):
Table 405.040-10
Heavy Industrial District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (square feet)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
Office/ Commercial/ Industrial
15,000
100
25
15
20
45
L. 
Rural Holding And Open Space (RH-O).
1. 
Purpose. The purpose of this district is to conserve and protect open land uses, accommodate low-intensity uses on land which is either unsuited for intensive development or which is not yet served by public utilities. Nonagricultural uses must be rezoned to a different classification prior to subdivision or development.
2. 
Uses. Uses permitted in the RH-O District are identified in Table 405.050-1, Use Table.
3. 
Dimensions. The following dimensions shall apply to development in the RH-O District along with any supplemental regulations provided in Section 405.040(M).
Table 405.040-11
Open Space District Dimensions
Structure or Dwelling Type
Lot Dimensions
Maximum Density (units/acre)
Maximum Lot Coverage (percent)
Setbacks
Maximum Building Height (feet)
Minimum Lot Size (acres)
Minimum Lot Width (feet)
Minimum Front (feet)
Minimum Interior Side (feet)
Minimum Corner Side (feet)
Minimum Rear (feet)
 
5
100
25
15
20
35
M. 
Supplementary Dimensional Standards. No lot or yard shall be established in any district that does not meet the minimum requirements of that district along with any applicable regulations in this Section.
1. 
Maximum height. Chimneys, cooling towers, elevator headhouses, grain elevators, stage towers, scenery lofts, water towers, ornamental towers, church steeples, radio and television towers, antennas and mechanical equipment usually required to be placed above the roof level and not intended for human occupancy are not subject to any height limitations.
2. 
Double-frontage lots. Lots with two (2) nonadjoining frontages (double-frontage lots) shall maintain the required front yard setback along both frontages.
3. 
Accessory buildings.
a. 
No accessory building shall be erected in any required front or side yard, and no detached accessory building shall be erected closer than five (5) feet to any other building.
b. 
Accessory buildings may be located in the rear yard but shall not be closer than five (5) feet to the rear lot line and shall not be closer to the side lot line than the required side yard setback.
c. 
No accessory building shall cover more than thirty percent (30%) of the required rear yard.
4. 
Number of structures and uses per lot. Where a lot or tract is used for other than a single-family dwelling, more than one (1) principal use and structure may be located upon the lot or tract, provided that all structures and uses conform to all requirements for the district in which the lot or tract is located.
5. 
Sight triangle. On a corner lot in any district except C-2, development and landscaping shall not obstruct the sight triangle as defined by these regulations.
[Ord. No. 211 § 2, 12-21-2015]
A. 
Use Table. Table 405.050-1 below lists the uses allowed within all base zoning districts. All uses are defined in Section 405.180, Definitions, and additional standards for specific uses are located in Section 405.050(B). Approval of a use listed in Table 405.050-1 and compliance with the applicable use-specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 405.050-1 is prohibited unless the use is classified by the Director pursuant to Section 405.050(A)(4), below.
1. 
Explanation of table abbreviations.
a. 
Permitted by-right uses. "P" in a cell indicates that the use is permitted by right in the zone district. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 405.050(B).
b. 
Conditional uses. "C" in a cell indicates that the use is allowed in the zone district only if reviewed and approved as a conditional use in accordance with the procedures of Section 405.030(E). Conditional uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 405.050(B).
c. 
Prohibited uses. A blank cell indicates that the use is prohibited in the zone district.
2. 
Use-specific standards. Regardless of whether a use is allowed by right or as a conditional use, there may be additional standards and/or site plan review that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. Cross-references refer to Section 405.050(B), Use-Specific Standards, or a specific zone district. These standards apply in all districts unless otherwise specified.
3. 
Table organization. In Table 405.050-1, land uses and activities are classified into general use categories and specific use types based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within each category, and specific uses may be listed in one category when they may reasonably have been listed in one (1) or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.
4. 
Classification of new and unlisted uses. Warsaw recognizes that new types of land use will develop and forms of land use not anticipated in this Code may seek to locate in the City. When application is made for a use category or use type that is not specifically listed in Table 405.050-1, the Director shall make a determination as to the appropriate classification of any new or unlisted form of land use in the following manner:
a. 
The Director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this Chapter.
b. 
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the Director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this Section. In making such determinations, the Director must consider:
(1) 
The types of activities that will occur in conjunction with the use;
(2) 
The types of equipment and processes to be used;
(3) 
The existence, number and frequency of residents, customers or employees;
(4) 
Parking demands associated with the use; and
(5) 
Other factors deemed relevant to a use determination.
c. 
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Director must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate fit.
d. 
If the Director is unable to determine the appropriate use category for a proposed use, the Director is authorized to submit the request to the Planning and Zoning Commission for review and determination. The Director shall deny permits and certificates for establishment of the proposed use pending Planning and Zoning Commission determination.
Table 405.050-1: Use Table
Use Category
Residential
Nonresidential
Use-Specific Regulations
Subcategory
R-1
R-2
R-3
C-1
C-2
C-3
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.1b)
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
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
Retail Sales and Personal Services
Personal services
General personal services
P
P
P
P
Athletic, health, and exercise club
P
P
P
P
Beauty and wellness spas
P
P
P
P
Massage
P
P
P
P
School: art, music, dance
P
P
P
P
Travel arranging services
P
P
P
P
Watch, clock, and jewelry repair
P
P
P
Retail, Large-Scale
General large-scale retail
P
Construction equipment
P
P
Electrical supplies
P
P
Farm machinery and equipment
P
Hardware and farm supplies
P
Heating and plumbing equipment and supplies
P
P
Retail, Small-Scale
General small-scale retail
P
P
P
P
Automobile parts and supplies
P
P
P
P
Bottled gas
C
C
C
Vending machine operators
P
Vehicles and Equipment
Aircraft/equipment sales
C
Automobile retail sales
P
P
Automobile and truck wash
P
P
Boat building and repair
P
P
P
Boat rental and marina
C
C
P
Car wash
405.050(B)(7)
Commercial vehicle sales and rental
P
P
Gasoline service stations
P
P
P
405.050(B)(7)
Alternative fuel or recharging
P
P
P
Mobile homes and accessories, retail sales
P
Parking facilities, surface and garage, nonaccessory
P
P
P
P
P
Repair services: automobile and other
P
P
Motor vehicle
Small engine repair
C
P
P
Visitor Accommodation
Bed-and-breakfast facility
P
P
P
P
P
P
P
405.050(B)(8)
Campground and retreat
P
C
Permitted in WOD on east side of Highway 65 only
Conference center
P
P
P
P
Hotels and commercial lodging
P
P
P
P
405.050(B)(8)
Recreational vehicle park
C
C
Industrial
Industrial Service
Computer design and development
P
Crematorium
P
Data center
P
Digital production
P
Energy production
Electric generation plant
C
Energy production, renewable
Cogeneration facility
C
Solar array
C
C
C
P
Wind energy
P
Small
C
C
C
C
C
P
P
Commercial
Motor freight garaging and equipment maintenance
P
Research, development, and testing
C
C
Manufacturing and Assembly
In C-2 District: 405.050(B)(9)
Artisan
General
C
P
P
May include on-site sales with conditional use permit
Light
General
P
P
General
General manufacturing
P
P
Agricultural chemicals and fertilizers
C
Asphalt felts and coatings
C
Guns, ammunition, and ordinance
C
Newspaper publishing and printing
P
P
Heavy
Heavy manufacturing
P
Asbestos, abrasive and miscellaneous nonmetallic mineral production
C
Asphalt mixing plant
C
C
Cement (hydraulic)
C
Chemicals, industrial organic and inorganic
C
Chemical products
C
Concrete ready-mix plant
C
C
Gas production plant
C
Gas storage and distribution points
C
C
Matches
C
Paints, varnishes, lacquers, enamels, and allied products
C
Wholesale, Storage, and Distribution
Automobile towing service storage yard; impound lot
P
Freight terminal and warehouse
P
P
Gas storage and distribution points
C
C
Warehouse, commercial (nonhazardous)
P
P
Warehouse, moving and storage
P
P
Warehouse/storage, personal property
Aircraft storage and equipment maintenance
C
Food lockers and refrigerated storage
P
P
P
Household goods
Boat and RV storage
C
Outdoor storage: 405.050(B)(1)
Primary outdoor storage yard
C
P
Outdoor storage: 405.050(B)(1)
Wholesale sales and distribution
P
P
General wholesale sales and distribution
P
P
Agricultural chemicals and fertilizers
C
C
Liquid petroleum gas
C
C
Petroleum bulk stations and terminals
C
C
Waste and Salvage
Automobile parts recycling business
P
Nonhazardous material
Collection and transfer facility
C
Solid waste disposal facility
C
C
Recycling collection facility
405.050(B)(10)
Small-scale
C
P
P
P
P
Large-scale
P
Salvage yard or junkyard
C
Agricultural
Agricultural processing
P
Animal raising
C
Crop raising
C
Farm products warehouse and storage, excluding stockyards
P
P
Farm stand
Farmers' market
Feed, grain and hay
P
P
Fertilizers, retail
P
P
Greenhouse
P
P
Nursery stock farm
C
Urban agriculture/community garden
P
P
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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 504.050(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.
a. 
Dwelling, live/work. In the C-2 District the residential living portion of the live/work unit is not permitted within the front half or front thirty (30) feet of space, whichever is greater, on the first floor.
b. 
Dwelling, residential.
(1) 
In the C-2 District, 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 504.050-1 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 facility to the other.
(2) 
Limited number of beds per facility.
(a) 
Shelter facilities accessory to a religious facility shall not exceed twenty (20) beds.
(b) 
All other shelter facilities shall not exceed forty (40) beds.
(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 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 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:
(a) 
The use shall be compatible with the neighborhood and shall not be detrimental to the same due to:
i. 
Increased automobile traffic;
ii. 
Noise generated from within the site; or
iii. 
Character of the proposed building.
(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:
(1) 
Vendor trailer or vehicles must at all times be parked in a legal manner.
(2) 
Vending operations shall be conducted only to pedestrians on sidewalks.
(3) 
No service to the public shall be made from the street side of the vehicle(s).
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.
(3) 
Guest services. The following shall be provided:
(a) 
Daily housekeeping service.
(b) 
On-site management twenty-four (24) hours a day to provide check-in/check-out services, custodial and maintenance response or other guest services.
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. 
Definitions. As used in this Subsection, the following terms shall have these prescribed meanings:
GARAGE SALES
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.
GOODS
Includes any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.
PERSON
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.
(3) 
Maximum height. The maximum height of a facility permitted under this Subsection shall be as follows:
(a) 
Single-use facilities: one hundred (100) feet.
(b) 
Two-user facilities: one hundred twenty-five (125) feet.
(c) 
Three-or-more use facilities: one hundred fifty (150) feet.
(4) 
Separation between towers. The tower shall be separated from other towers regulated by this Subsection a minimum distance as set out in Table 405.050-1 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
Proposed Tower
(feet in height)
Existing Tower
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. 
Definitions. Nonconformities are of three (3) types: nonconforming lots of record, nonconforming structures and nonconforming uses. A definition of each type is as follows:
NONCONFORMING LOT OF RECORD
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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:
(1) 
Such street or road will not have significant adverse safety or environmental impacts, or appropriate engineering or other measures will be taken by the developer to substantially mitigate any such adverse impact; and
(2) 
No alternate location for access is feasible or available.
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. 
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.
405 Oblong Median.tif
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. 
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.
405 Pedestrian Connection.tif
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. 
Driveways And Access.
1. 
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.
405 Joint Access Driveways.tif
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:
(1) 
Seventy-five (75) feet from a street intersection;
(2) 
Forty (40) feet from another access driveway; and
(3) 
Ten (10) feet from an interior property line for single-family development and twenty (20) feet from an interior property line for multifamily and nonresidential development.
2. 
Residential. In addition to the above general requirements, all residential development shall be subject to the following:
405 Sidewalk Obstruction.tif
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.