Warrensburg City Zoning Code
ARTICLE XXII
Administration and Enforcement
§ 980-108 Administrative duties and responsibilities.
This chapter shall be administered by the following bodies and officials in the manner prescribed herein:
Zoning Officer. The office of the Zoning Officer is hereby created and such Officer, upon appointment by the President of the Village, shall serve for a term of one year and shall be an ex-officio member of the Plan Commission of the Village. The duties of the Zoning Officer shall be as follows:
To meet with interested property owners, developers, citizens and any other party who contemplates actions which come under the jurisdiction of this chapter, to explain the intent and provisions of this chapter.
To act as Zoning Inspector for the Plan Commission to ensure provisions of special uses, planned unit developments and variances are complied with during construction and to make necessary inspections and reports to the Plan Commission in relationship to such developments.
To serve as a liaison officer between the Chairman of the Plan Commission, planning advisors and the Village Board; and with the consent of the Plan Commission Chairman to make proper legal advertisements, and to set public hearings as required by this chapter.
To make interpretations of the provisions of this chapter and to report to the Plan Commission any situations wherein there is a doubt or conflict as to the proper interpretation.
The Plan Commission (Zoning Board).
Created. The Plan Commission and the Zoning Board of Appeals are hereby created as a single body and shall continue to perform the functions of both the Village Plan Commission and the Zoning Board until the Village corporate authorities deem it necessary to separate these functions by ordinance.
Members.
The Commission as herein created shall consist of seven members appointed by the President of the Village Board and confirmed by the Board of Trustees. The term of office of each member shall be five years; except that the first seven members shall be appointed for terms varying respectively from one year to seven years in order that the term of not more than one member shall expire each year. The President of the Board shall designate one member of the Commission to act as Chairman, and he shall hold the office as Chairman until his successor is appointed.
The Chairman shall recommend to the President the dismissal of any Commission member who misses five regular meetings during any twelve-month period. With approval of the Board, the President shall remove such member and appoint another in his place.
Meetings. The Commission shall meet at the call of the Chairman. The Commission shall keep minutes of its proceedings, including its findings of fact, all its determinations and decisions, the reasons therefor and the vote of each member upon every question, which minutes shall be placed on file in the office of the Commission no later than 15 days after any meeting and shall be a matter of public record.
Duties. The Plan Commission is hereby granted the following responsibilities and duties:
To hear all petitions requesting zoning action, including, but not limited to, amendments, variances and special uses; and, in the matter prescribed herein, the Plan Commission shall advise and recommend to the Board the Commission's findings as to the proper disposition of these petitions.
To initiate, receive and review periodically studies and/or proposals concerning amendments of this chapter; and in this respect to advise and recommend to the Board the Commission's findings.
To hear all appeals of decisions of an officer or department in the interpretation or administration of this chapter and, by its own action, render a decision resolving said conflict.
To classify any use not specifically listed in this chapter as to its appropriate zone based on the compatibility of that use with the general purpose and character of zone regulations. This power shall lie solely with the Plan Commission and will not be subject to review by the Board.
To initiate studies and issue reports to the Board concerning the complementation or conflict between the implementation of this chapter and the officially adopted Village Plan; and in this respect to make recommendations to the Board as to appropriate measures to be taken to ensure the effectiveness of this chapter as a tool for the implementation of the Village Plan.
To hear and recommend to the Board disposition of all other matters referred to the Commission by the Board, to arbitrate zone boundary disputes and to hear any other matter on which present or future state statutes may require action of the Commission.
Corporate authority. The corporate authority is the Village Board. It shall be the authorized body for making final decisions on all matters referred to it by the Plan Commission and for purposes of this chapter shall be referred to as the "Board."
The Board is hereby restrained by this chapter from making a decision on any zoning matter which has not been submitted to the proper public hearings, nor without first having received a report of the Plan Commission.
The Board shall have the right to adopt, reject or modify the recommendation of the Plan Commission.
Village Administrative Clerk. The Village Administrative Clerk is an elected official of the Village and is hereby empowered to receive and keep records of all zoning petitions, fees and reports of the Plan Commission; and the Administrative Clerk is further responsible for the yearly publication of the updated version of the Official Zoning Map.
Legal counsel. The legal counsel is an attorney retained by the Village who is responsible for giving legal advice to both the Board and Commission.
Planning staff. The planning staff is any qualified land use planner which the Board may designate to assist the Village and the Commission in zoning and related land use matters and, from time to time, to make special zoning studies for the Commission.
Recording secretary. The recording secretary is the secretary of the Commission and is responsible for taking Commission minutes, carrying on correspondence with the Board and referring to the Board recommendations of the Plan Commission.
§ 980-109 Administrative procedures.
Any person wishing to petition for a change in this chapter, a rezoning in land use classification as established by this chapter, or seeking relief from the provisions of this chapter, or in any other way seeking modification of the zoning regulations shall be required to follow the steps and procedures as contained within this section.
Pre-application conference and investigations. This chapter requires that before the Board may accept for public hearing or recommendation any zoning petition, the petitioner or his agent shall first meet with the Village Zoning Officer to discuss the appropriate procedures. The Zoning Officer may at his discretion request the petitioner to meet with the planning staff. In a case of a rezoning involving a planned development, commercial or industrial request, or involving a tract of land more than five acres in size, the petitioner may also be required to have a pre-application meeting with the Commission.
Purposes. The purposes of the pre-application meeting are as follows:
To explain to the petitioner the provisions of this chapter and other applicable Village codes and regulations.
To determine whether or not any other Village actions such as subdivision, vacation or annexation are necessary for the development of the land.
To determine exactly what the zoning petition should contain and what procedure should be followed prior to the setting of the public hearing.
To discuss the compatibility of a petition with the Village's officially adopted Comprehensive Plan and Official Maps.
To determine if the petitioner has made necessary investigations to ensure that his property can be developed properly upon obtaining the classification he seeks.
To acquaint the developer with the technical planning assistance available through the planning staff.
Information needed. The petitioner should have a legal description and map of his property showing surrounding land uses at the time of his meeting with the Village Zoning Officer, Commission or planning staff. Other information such as soil types, topographical maps and other data related to the site's suitability for its development would be helpful.
Submittal procedures.
Upon satisfying the pre-application requirements, the petitioner may then proceed to file a zoning petition with the Village. This petition must include the following to be entitled to Village consideration:
A petition properly filled out on the Village form including the following information:
Name and address(es) of petitioner(s);
Name and address(es) of owner(s);
Name and address(es) of any agent(s) representing the petitioner(s);
A legal description of the property which allows the property to be located on any map without having to check the Recorder of Deeds' office. Any petition required by this section need not include a metes and bounds legal description, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the affected area;
[Amended 6-7-2021 by Ord. No. 764]
A common description of the property;
Existing zoning classification of property;
Zoning classification being sought;
The names and addresses of all abutting landowners;
A statement concerning the proposed use of the property;
In cases of variances, the special hardships that exist which would qualify the petitioner(s) for a variance;
In cases of special uses or planned unit developments, a detailed statement as to the proposed use of the property.
A scaled map showing the dimensions of the property and the zoning of the surrounding properties.
Upon submission of the above, the Zoning Officer shall take one copy of the petition, sign such petition and place the fee amount on the petition. The petitioner shall then take the petition and map to the Village Administrative Clerk, who shall formally accept the petition for filing and collect the fees as required by the Zoning Officer.
Public hearing. Upon receiving any petition, the Village Administrative Clerk shall notify the Chairman of the Commission of the petition. The Chairman shall then set a date for action on the petition. Notice shall be given of the time and place of the hearing, not more than 30 days nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality.
Decision of the Commission. At the date of the public hearing the petitioner or his representative shall be prepared to submit his case to the Commission. The Commission shall then take a vote of its membership and shall report the findings to the Board by a written notice.
Decision of the Board. On all matters which require action of the Board, the Board shall, within 30 days after receiving the recommendation of the Commission concerning a zoning petition, take whatever action it deems appropriate, except that no petition may be tabled for more than 90 days. Any petition tabled for more than 90 days shall be considered to have been denied.
Appeals. Appeals to the Commission may be taken by any person aggrieved or by any officer or department of the governing body of the Village affected by any decision of the administrative officer in person or by agent or attorney.
Filing of appeals. An appeal must be made within 30 days of the action of the administrative official appealed from. The applicant must file a notice of appeal with the administrative official from whom the appeal is being taken and with the Commission. Such notice shall be made on the form provided for that purpose. The administrative official from whom the appeal is taken shall be responsible, at the direction of the Commission, for providing any applicant with the proper forms, and for instructing the parties concerned on the proper manner for completing and filing said forms. All information required thereon shall be completed before an appeal is considered filed. Six copies of the proper appeal form shall be filed with the Commission.
Fees. A fee as specified in § 980-110 of this chapter shall be deposited with the secretary for each petition filed.
Amendments. Appeals may be amended 15 days prior to the public hearing thereon.
Notice to applicant. The applicant shall be notified by letter within five days of the hearing on his application of his failure to complete his application properly.
Hearing and decision. The Commission shall fix a reasonable time for the hearing of appeal, giving public notice thereof as well as notice due to the parties in interest, and decide the same within a reasonable time.
Stays. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Commission after notice is filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
Correcting maps and records. On all matters receiving final action by the Commission or the Board, there shall be a letter sent to the petitioner, informing him of the action. One copy of this letter shall be placed in the permanent zoning files of the Village. The Village Administrative Clerk shall also, periodically, update the official Village Zoning Maps. Variances, special use permits and nonconforming uses and structures shall not be shown on the maps, but adequate records shall be kept on these.
§ 980-110 Fees.
The following schedule establishes the fees required by the Village to process various zoning petitions. Any person who may hereafter file any petition addressed to the Commission, praying for a change in zoning regulations or any variance of zoning regulations provided by law on a single tract or parcel of real estate not separated or divided by street or alley, shall at the time of filing such petition pay to the Village Administrative Clerk the following sums to defray the necessary costs of publication and expenses incident to the hearing of such matter:
Zoning Fees | |
|---|---|
Rezoning to Higher Classifications | |
VA-1 or VC-1 to VRE-1, VR-1, VR-2 or VR-3: | |
On tracts less than 5 acres | $20 |
On tracts between 5 acres and 10 acres | $30 |
On tracts between 10 acres and 25 acres | $45 |
On tracts over 25 acres | $105 |
VA-1, VC-1, VRE-1, VR-1, VR-2 or VR-3 to VR-5 or VO-1: | |
On tracts less than 5 acres | $25 |
On tracts between 5 acres and 10 acres | $45 |
On tracts between 10 acres and 25 acres | $80 |
On tracts over 25 acres | $155 |
VA-1, VC-1 or VO-1 or any residential zone to VB-1, VB-2 or VB-3: | |
On tracts less than 5 acres | $105 |
On tracts 5 acres or more | $205 |
VA-1, VC-1, VO-1 or any residential or commercial zone to VM-1 or VM-2: | |
On tracts less than 10 acres | $55 |
On tracts 10 acres or more | $105 |
Planned Unit Development | |
Residential: | |
On tracts less than 10 acres | $25 |
On tracts between 10 acres and 25 acres | $30 |
On tracts greater than 25 acres | $55 |
Commercial: | |
On tracts less than 10 acres | $55 |
On tracts between 10 acres and 25 acres | $80 |
On tracts greater than 25 acres | $105 |
Industrial: | |
On tracts less than 10 acres | $30 |
On tracts greater than 10 acres | $55 |
Other | $20 |
Special Permit | |
Any petition for a special permit | $20 |
Rezoning to Lower Classifications | |
Any change from a higher to lower classification | $15 |
Variance | |
Any petition for variance | $20 |
Appeal | |
Any authorized appeal of corporate decision | $20 |
§ 980-111 Violations and penalties.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the proper authorities of the Village, or any person, the value or use of whose property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceedings in equity to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.