Warrenton City Zoning Code
ARTICLE VI
Enforcement and Administration
Section 405.310 Zoning Officer.
[R.O. 2006 §400.310; Ord. No. 415 Art. VII §7000, 3-2-1982; Ord. No. 1826 §I, 1-20-2009]
A.
This Chapter shall be enforced by a Zoning Officer, appointed by the Mayor and approved by the Board of Aldermen. The Zoning Officer shall be the same as the Director of Planning and Development. No land or structure shall be changed in use and no structures shall be erected, altered or moved until the Building Commissioner has issued a building permit certifying that the plans and intended use of land, buildings and structures are in conformity with this Chapter. No land or structure hereafter erected, moved or altered in its use shall be used until the Building Commissioner shall have issued a certificate of occupancy and compliance stating that such land or structure is found to be in conformity with the provisions of this Chapter.
[Ord. No. 2562, 11-17-2020]
B.
In case any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Chapter, the Building Commissioner or any owner or tenant of real property in the same contiguous zoning district as the building or structure in question, in addition to other remedies, may institute any appropriate action or proceeding:
1.
To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;
2.
To prevent the occupancy of the building, structure or land;
3.
To prevent any illegal act, conduct, business or use in or about the premises; or
4.
To restrain, correct or abate the violation.
When any such action is instituted by an owner or tenant, notice of such action shall be served upon the municipality at the time suit is begun, by serving copy of the complaint on the Mayor. No such action may be maintained until such notice has been given. |
Section 405.320 Board of Adjustment.
[R.O. 2006 §400.320; Ord. No. 415 Art. VII §7010, 3-2-1982; Ord. No. 977 §I, 12-16-1997]
A.
A Board of Adjustment is hereby established. The word "Board", when used in this Section, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of whom shall be residents of the City appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board shall be for five (5) years, excepting that the membership of the first (1st) Board shall be one (1) member for one (1) year; one (1) for two (2) years; one (1) for three (3) years; one (1) for four (4) years; and one (1) for five (5) years. Thereafter the members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removable for cause by the Mayor and the Board of Aldermen upon written charges and after public hearing.
1.
Three (3) alternate members shall be appointed by the Mayor and approved by the Board of Aldermen to the Board of Adjustment. Said alternate members shall be residents of the City and shall be known as Alternate Member (A), Alternate Member (B) and Alternate Member (C). The term of office of the alternate members of the Board shall be for five (5) years, excepting that the membership of the first (1st) alternate members of the Board of Adjustment shall be one (1) year for Alternate Member (A); three (3) years for Alternate Member (B); and five (5) years for Alternate Member (C). Thereafter, the alternate members shall be appointed for terms of five (5) years each.
2.
Alternate Member (A) shall have seniority and priority to serve in the absence of or the disqualification of the first (1st) regular member.
3.
Alternate Member (B) shall have seniority and priority to serve in the absence of or the disqualification of the second (2nd) regular member or in the absence of or the disqualification of Alternate Member (A). However, if Alternate Member (B) is serving in the absence of or the disqualification of Alternate Member (A), Alternate Member (A) must have been given a twenty-four (24) hour notice of said meeting and the record of proceedings of the Board shall show the same.
4.
Alternate Member (C) shall have seniority and priority to serve in the absence of or the disqualification of the third (3rd) regular member or in the absence of or disqualification of Alternate Member (A) and/or Alternate Member (B). However, if Alternate Member (C) is serving in the absence of or the disqualification of Alternate Member (A) and/or Alternate Member (B), Alternate Member (A) and/or Alternate Member (B) must have been given a twenty-four (24) hour notice of said meeting and the record of proceedings of the Board shall show the same.
5.
Alternate members shall be removable for cause by the Mayor and the Board of Aldermen upon written charges and after public hearing.
B.
The Board shall elect its own Chairman and Secretary, who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.
C.
Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
D.
The Board of Adjustment according to Missouri Statutes Section 89.090 shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of Sections 89.010 to 89.140, RSMo., or of any ordinance adopted pursuant to such Sections;
2.
To hear and decide all matters referred to it or upon which it is required to pass under this Chapter; and
3.
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter to vary or modify the application of any of the regulations or provisions of this Chapter relating to the construction or alteration of buildings or structures or use of the land so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done.
E.
In exercising the above mentioned powers as provided by Missouri Statutes Section 89.010 — 89.140 such Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.
F.
The concurring vote of four (4) members of the Board shall be deemed necessary to reverse any order, requirement, decision, or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter, or to effect any variation in this Chapter, or to recommend any variation or modification in this Chapter to the corporate authorities.
G.
Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his/her absence, the Vice-Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
H.
The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.
Section 405.330 Variances.
[R.O. 2006 §400.330; Ord. No. 415 Art. VII §7020, 3-2-1982]
A.
The Board of Adjustment shall have the power, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter, to vary or modify the application of any of the regulations or provisions of this Chapter relating to the construction or alteration of buildings or structures or the use of land so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done.
1.
A written application for a variance is submitted demonstrating:
a.
Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district;
b.
Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter.
c.
The special conditions and circumstances do not result from the actions of the applicant.
d.
Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures, or buildings in the same district.
e.
No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
2.
A public hearing shall be held. Any party may appear in person, or by agent or by attorney.
3.
Findings of Board of Adjustment.
a.
The Board of Adjustment shall make findings that the requirements of Subsection (A)(1) have been met by the applicant for a variance.
b.
The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
c.
The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
B.
In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Chapter.
C.
Under no circumstances shall the Board of Adjustment grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this Chapter in said district.
Section 405.335 Board of Adjustment - Decisions Subject to Review - Procedure.
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality, may present to the circuit court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 to 89.110, RSMo., shall have preference over all other civil actions and proceedings.
Section 405.340 Conditional Use Permits.
[Ord. No. 1642 §II, 11-7-2006; Ord. No. 2605, 6-15-2021; Ord. No. 2957, 8-19-2025]
A.
Purpose. The conditional use permit procedure is intended to provide the Planning and Zoning Commission and the Board of Aldermen with discretionary review of requests to establish or construct uses or structures which may be necessary or desirable in a zoning district, but which may have the potential for negative or deleterious impact on the health, safety and welfare of the public. The purpose of the review is to determine whether the proposed location of the use or structure is appropriate and whether it will be designed, located and operated so as to avoid, minimize or mitigate adverse impacts upon the community and other properties in the vicinity. The Board of Aldermen may impose conditions upon such uses and structures that are intended to avoid, minimize or mitigate adverse impacts upon the community and other properties in the vicinity. The Board of Aldermen may deny requests for a conditional use permit when it is evident that a proposed use or structure will or may cause harm to the community or injury to the value, lawful use and reasonable enjoyment of other properties in the vicinity.
B.
Conditional Uses Authorized. The Planning and Zoning Commission may recommend and the Board of Aldermen may authorize the establishment of those conditional uses that are expressly permitted as a conditional use in a particular zoning district. No conditional use shall be authorized unless such conditional use to be granted complies with all of the applicable provisions of this Chapter.
C.
Application For Conditional Use Permit. An application for conditional use permit containing the following information shall be filed with the City.
1.
Applicant's name and address and legal interest in the property.
2.
The owner's name and address if different than the applicant.
3.
Street address or common description and legal description of the property.
4.
Zoning classification and present use of the property.
5.
Description of the proposed conditional use.
6.
Statement as to why the proposed use will comply with the applicable standards in Section 405.340(G).
7.
Statement identifying any potentially adverse effects and how the proposed conditional use will be designed, arranged and operated in order to ensure that the conditional use will not cause harm to the community and that the value, use and reasonable enjoyment of property in the vicinity will not be adversely affected.
9.
The proposed ingress and egress to the site including adjacent streets.
10.
A preliminary plan for provision of sanitation and drainage facilities.
11.
Any additional information as may be required in accordance with the requirements of the zoning district in which the conditional use is proposed to be located or as the Commission may request.
D.
Commission Action On The Conditional Use Permit.
1.
The Commission shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of Section 405.350.
2.
Following the public hearing, the Commission shall transmit to the Board of Aldermen its recommendation containing specific findings of fact on the proposed conditional use and any conditions, safeguards and restrictions that the Commission recommends be imposed to ensure compliance with the standards set forth in Section 405.340(G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. The record of Commission action shall be sent to the Board of Aldermen within thirty (30) days of the Commission's decision.
E.
Board Of Aldermen Action On Conditional Use Permit.
1.
The Board of Aldermen may, by ordinance, authorize the issuance of a conditional use permit for such use as recommended by the Commission or may reverse or modify such decision by a majority vote of the full Board of Aldermen. The Board of Aldermen reserves the full authority and discretion to deny any request for a conditional use permit, including, but not limited to, because the Board determines that the applicant failed to prove that the use as proposed complies with all of the standards set forth in Section 450.340(G). In authorizing said conditional use permit, the Board of Aldermen may impose additional conditions or restrictions as it may determine necessary to ensure compliance with the standards set forth in Section 405.340(G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. All such conditions or restrictions shall be set out in the ordinance approving the conditional use permit.
F.
Permit Validity Time Period. Any conditional use permit authorized shall be validated within one (1) year from the date of approval by the Board of Aldermen or such conditional use permit shall be nullified. The conditional use permit shall be considered validated if a building permit is obtained and the erection or alteration of a structure is started or if an occupancy permit is obtained and the conditional use is commenced. The Board of Aldermen may grant one (1) additional extension of time not exceeding six (6) months without notice or heating. Requests for time extension shall be made by filing an application with the City before the expiration date. If the applicant fails to submit the request for time extension within the specified period, an application for conditional use permit shall be filed in accordance with the provisions of Sections 405.340(C) through 405.340(E).
G.
Conditional Use Standards. A conditional use permit shall be approved only if the applicant meets its burden in proving that the conditional use will comply, to the extent applicable, with the following standards:
1.
The proposed conditional use will be consistent with the policies and intent of the Warrenton Comprehensive Plan and complies with the Warrenton zoning regulations, including, but not limited to, intensity of use regulations, setback regulations, and use limitations.
2.
The proposed conditional use will not increase flood or water damage hazard to adjoining properties.
3.
The location and size of the proposed conditional use, the nature and intensity of the operation, involved in or conducted in connection with it, and the location of the real property with respect to streets giving access to it are such that the conditional use will not adversely affect the immediate neighborhood as to prevent the development and/or use of neighboring property by neighboring property owners in accordance with the applicable zoning district regulations. In determining whether the conditional use will adversely affect the immediate neighborhood, consideration shall be given to the following:
a.
The level of noise anticipated to be created thereby;
b.
The location, nature, and height of all buildings, structures, walls, and fences on the real property; and
c.
The nature and extent of all proposed landscaping and screening on the real property designed to mitigate adverse effects on the neighborhood.
4.
Adequate access roads or entrance and exit drives will be designed and provided to prevent traffic hazards and to minimize traffic congestion and hazards at the site and public streets and alleys near the site.
5.
Street right-of-way and pavement width in the vicinity of the proposed conditional use is adequate for traffic reasonably expected to be generated by the proposed use.
6.
Glare of stationary or vehicular lights from the proposed conditional use will not adversely affect the character of the neighborhood and if such lights will be visible from a residential district, measures to shield or direct lights to mitigate glare are proposed.
7.
The proposed conditional use on the real property will contribute to and promote the general welfare, public health, safety, and convenience of the public.
8.
Off-street parking and loading areas will be provided in accordance with the standards set forth in the Municipal Code of the City of Warrenton.
9.
In the case of existing structures to be converted to a use requiring a conditional use permit, the structure shall meet all fire, health, building, plumbing, and electrical requirements of the City of Warrenton.
10.
Adequate utility, drainage, and other such necessary facilities have been or will be provided on the real property.
H.
Written Protest. If a written protest against a requested conditional use permit plan is submitted, duly executed and acknowledged by the owners of thirty percent (30%) or more, within an area (exclusive of streets and places) included in such conditional use permit plan, or within an area determined by the lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property included in said request, such request can only be fully and finally approved and reduced to a resolution of the favorable vote of two-thirds (2/3) of the members of the Board. Said written protests must be submitted no later than 5:00 P.M. at the office of the City Clerk at least one (1) day preceding the scheduled meeting of the Board at which said conditional use permit plan is to be voted upon.
Section 405.350 Amendments.
[R.O. 2006 §400.350; Ord. No. 415 Art. VII §7040, 3-2-1982; Ord. No. 1643 §I, 11-7-2006]
A.
B.
Except for the extension of existing district boundaries, no change in zoning classification to a commercial or industrial category shall be considered which involves an area of less than two (2) acres, and no separate commercial or industrial district of less than two (2) acres shall be created by any amendment.
C.
Before any amendment is adopted the Planning and Zoning Commission shall hold a public hearing thereon after a notice of the hearing has been published in the official newspaper not less than fifteen (15) days before the hearing. Following the hearing the Planning and Zoning Commission shall make a report of its findings and recommendations on the proposed amendment and shall file a copy with the City Clerk within ten (10) days. Failure of the Planning and Zoning Commission so to report shall be deemed to be approval by the Commission of the proposed amendment.
D.
Upon the filing of such report or upon the expiration of such ten (10) days as aforesaid, the Board of Aldermen may adopt the amendment or any part thereof in such form as it deems advisable. In case of a protest against such amendments duly signed and acknowledged by the owners of thirty percent (30%) or more, within an area (exclusive of streets and places) included in such proposed amendment, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be amended, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all members of the Board of Aldermen. Said written protests must be received at the office of the City Clerk no later than 5:00 P.M. at least one (1) day preceding the scheduled meeting of the Board at which said amendment request is to be voted upon.
Section 405.360 Board of Aldermen to Establish Schedule of Fees.
[R.O. 2006 §400.360; Ord. No. 415 Art. VII §7050, 3-2-1982]
A.
The Board of Aldermen hereby establishes a schedule of fees and a collection procedure for permits and applications, as required by this Chapter. The schedule of fees listed in Section 405.400 shall be posted in the office of the City Clerk and may be altered or amended only by the Board of Aldermen.
B.
No permit shall be issued nor shall any action be taken on proceedings unless or until the fees have been paid in full.
Section 405.370 Violations - Penalties.
[R.O. 2006 §400.370]
A.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Chapter, the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this Chapter.
B.
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.
C.
Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations of this Chapter, in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
Section 405.380 Interpretation and Validity.
[R.O. 2006 §400.380; Ord. No. 415 Art. VII §7090, 3-2-1982]
In applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Whenever the provisions of this Chapter require a greater lot width, or size yards, or other open spaces; or impose more restrictive requirements than are required under another Chapter, then the requirements of this Chapter shall govern. Whenever the provisions of any other lawfully adopted ordinance shall be deemed more restrictive than those of this Zoning Ordinance; then the most restrictive ordinance shall govern.
Section 405.390 Site Plan Process.
[R.O. 2006 §400.394; Ord. No. 1157 §I, 1-2-2001; Ord. No. 1481 §§I — II, 4-5-2005; Ord. No. 1566 §I, 12-6-2005; Ord. No. 1660 §I, 11-21-2006; Ord. No. 1661 §I, 11-21-2006; Ord. No. 1773 §I, 5-6-2008; Ord. No. 1953 §I, 3-15-2011; Ord. No. 1965 §I, 6-17-2011; Ord. No. 2399, 4-17-2018; Ord. No. 2564, 11-17-2020; Ord. No. 2564, 11-17-2020; Ord. No. 2842, 2-20-2024; Ord. No. 2957, 8-19-2025]
A.
Intent And Purpose. The site plan process is intended to ensure the adequate review and consideration of potential impacts of proposed developments, changes of use, and changes of business in "R-3," "RC-1" and "RC-2" and commercial and industrial districts upon surrounding uses and activities, and to encourage a high standard of site and building uses.
B.
Administrative Site Plan Approval. The Director of Planning and Development, with the concurrence of the Board of Aldermen's designee, shall have the authority to administratively review and approve site plans and site plan modifications for the following:
1.
Remodeling of a building or structure that does not involve land disturbance activity as defined in Section 430.020 of the Code herein.
3.
Remodeling of building or structure resulting in expansion of no more than ten percent (10%) of the main building and still adhering to all Code requirements.
4.
A change or conversion in use if the Director of Planning and Development and the Board of Aldermen's designee determine that the new use is not more intense.
5.
A request for minor modification to a site plan approved pursuant to Section 405.390(D). For purpose of this Section, a minor modification shall only include a reduction in ten percent (10%) or less of the parking, landscaping or buffer requirements.
6.
In the event that the Director of Planning and Development or the Board of Aldermen's designee finds that the proposed development, change of use, change of business, or minor modification has a potential detrimental effect on the parking, ingress, or egress of pedestrian traffic, automobile traffic or use(s) of surrounding properties, or the proposed administratively authorized approval may have a detrimental effect on the safety and general welfare of the residents of the City, the Director of Planning and Development or the Board of Aldermen's designee shall cause said site plan or site plan modification to be submitted to the Planning and Zoning Commission and Board of Aldermen for approval. Said finding of detrimental impact shall be made, in writing, within thirty (30) days of receipt of application for administrative site plan review.
C.
Site Plan Application And Submission Requirements.
1.
A site plan application may be filed by any person with a financial or contractual interest in the property to be used according to the submitted plan.
2.
An application fee of one hundred twenty-five dollars ($125.00) plus costs shall be paid upon submission of the application and shall be non-refundable.
3.
All applications for site plan review and approval shall be submitted to the Director of Planning and Development for review and filed by staff in the office of the City Clerk. All applications for administrative site plan review shall contain information as requested by the Director of Planning and Development and/or the Board of Aldermen's designee. All applications for site plan review under Section 405.390(D) shall contain the following information:
a.
All applications shall be signed by the applicant and shall state the applicant's name and address.
b.
The site plan shall include all necessary data and drawings in order that the Planning and Zoning Commission and Board of Aldermen can determine whether the proposed site plan complies with the zoning district requirements and that the City departments affected by the project may assess the impact of the proposed site plan on public facilities and services on the surrounding area.
c.
The data and drawings required, shall include, but not be limited to:
(1)
A legal description and a survey, certified by a registered land surveyor, showing property boundary lines and dimensions; and all easements, roadways, rail lines and public rights-of-way, any part of which cross or are adjacent to and affect the subject property; and that all necessary easements can be obtained;
(2)
The location of the site, its present use and proposed use and its relationship to surrounding uses, buildings and zoning;
(3)
The location and size (square footage) of each building on the site;
(4)
The height of the building or buildings;
(5)
The dimensions and area of the lot or site;
(6)
The ratio of floor area to the site area;
(7)
The location, description and periods of illumination of all exterior lighting;
(8)
The location of all existing trees over six (6) inches caliper if deciduous or over six (6) feet in height if evergreens and an indication of all such trees to be removed and all to remain;
(9)
Landscape plan including improvements such as walls, fences, walkways;
(10)
The general location and approximate dimensions of all vehicular and pedestrian circulation elements, including streets, driveways, entrances, curb cuts, parking and loading areas and sidewalks, including slope and gradient of vehicular elements;
(11)
The location and size of existing and proposed public water and sewer utilities on and adjacent to the site; and location of fire hydrants;
(12)
The location and number of proposed off-street parking spaces;
(13)
The general location of the site, including all green space landscaping and all buffering from adjacent activities or uses;
(14)
The location and identification of any other proposed facilities or site improvements;
(15)
The location and size of proposed signage with a color rendering of sign content;
(16)
List of names and addresses of adjacent property owners;
d.
The application shall not be deemed to be received until such information is received from the applicant.
D.
Review Procedure.
2.
The Director of Planning and Development shall coordinate the review and analysis of the site plan application with other affected City departments before consideration by the Planning and Zoning Commission on the application. This coordinated review of the application shall be completed within sixty (60) days of submission of the completed application, site plan, and payment of the fee. The Director of Planning and Development shall compile the results of this review and provide a report to the Planning and Zoning Commission for its consideration.
3.
At the applicant's discretion, he/she may choose, following the submission of the report of the Director of Planning and Development to the Commission, to regard his/her initial application as a preliminary site plan. He/she may then respond to the review of the Director of Planning and Development and submit a revised final site plan to the Planning and Zoning Commission for its consideration within an additional forty-five (45) days thereafter.
4.
After the Planning and Zoning Commission receives the site plan application and associated documents, it shall review the application and report of the Director of Planning and Development. The Commission may then either recommend approval, denial, or conditional approval of the site plan to the Board of Aldermen. In granting such recommendation, the Planning and Zoning Commission shall determine if the applicant has met its burden in proving that the site plan complies with all site plan approval standards provided for herein.
5.
The recommendation of the Planning and Zoning Commission regarding the site plan shall accompany its report and be forwarded to the Board of Aldermen for consideration.
6.
The Board of Aldermen shall have the exclusive power to grant final approval of any site plan submitted to it by the Planning and Zoning Commission. In granting such approval, the Board of Aldermen shall determine if the applicant has met its burden in proving that the site plan complies with all site plan approval standards provided for herein.
E.
Conditions And Restrictions.
1.
In considering a site plan, the Planning and Zoning Commission, may include, as part of its recommendation, conditions and restrictions and prescribe development standards within the range of discretion as prescribed elsewhere in this Chapter to ensure the general intent of this Chapter is carried out.
2.
In approving a site plan, the Board of Aldermen may impose conditions and restrictions and prescribe development standards within the range of such discretion as prescribed elsewhere in this Chapter to ensure the general intent of this Chapter is carried out.
F.
Period Of Validity For Site Plan Process. No site plan approved under the provisions of this Chapter shall be valid for a period longer than twelve (12) months from the date it is approved unless construction is begun in accordance with the site plan. Site plan approvals shall also become invalid if the conditions of the site plan are not met. The Board of Aldermen may grant extensions of the validity of the site plan, such extensions not to exceed twelve (12) months, upon written request of the original applicant. The Board of Aldermen has the power in such cases to attach new conditions to any site plan extension. Where the written request for extension contains changes which the Board of Aldermen concludes materially alter the initial application, it shall refer the application to the Director of Planning and Development who shall initiate a new site plan review procedure as stated in Subsection (C)(3)(a — e), inclusive, set forth above.
G.
Site Plan And Building And Occupancy Permits. The City shall not certify an application or issue a business license for a building, structure or site within a project that has undergone site plan process unless that building, structure or site is in compliance with the site plan as approved herein.
H.
Site Plan Standards. In considering any application for approval of a site plan, the following standards shall be considered:
1.
The relationship of proposed uses, functions, sites and buildings within the tract to each other are such that the movement of vehicular and pedestrian traffic within the site shall be safe and convenient;
2.
The relationship of proposed uses, functions, sites, and buildings within the tract as compared to existing land uses and the permitted uses within the immediate area of the site are such that the proposed development will not be harmful to the existing and future uses in the immediate area of the site;
3.
That there is sufficient provision and distribution of parking facilities within the tract;
4.
That there are proper means of access to and from public roads such that the movement of vehicular and pedestrian traffic to and from the site will be conducted in a safe and convenient manner and prevent traffic accumulation or other impacts on adjoining and nearby streets, access roads, and parking lots;
5.
That the site plan is consistent with all other regulations of the Municipal Code; and
6.
Any other factors relevant to the public health, safety and convenience and general welfare of the residents of the City of Warrenton.
I.
Phase Development. In the event a site plan shall provide for the construction of a complex of buildings and site improvements to be developed over an extended period of time, a detailed site plan shall be submitted for review in accordance with this Section for each specific phase. Such detailed site plans may be submitted in advance of or in conjunction with an application for a building permit. Of primary importance in this review will be a determination that the detailed site plan complies with the site plan process for the total development or project.
J.
Landscaping Requirements. All site plans shall be accompanied by landscaping and screening plans as required under Section 405.265 of the Warrenton Municipal Code herein. In the event that an applicant for site plan approval, whether by administrative approval or by the Board of Aldermen, demonstrates practical or geographical limitations in meeting the requirements of Section 405.265 of the Warrenton Municipal Code, said applicant may submit a request to the Board of Aldermen to make an alternative cash payment equivalent to the cost of landscaping said property. Said request must be made at the time of submittal of the site plan and the decision to allow a cash payment in lieu of installation of landscaping shall be in the sole and absolute discretion of the Board of Aldermen. If an applicant is eligible and requests to make said alternative cash payment, the cost of landscaping shall be determined by the Board of Aldermen's designee and submitted to the Board of Aldermen at the time the applicant makes his/her request. The cash payments are to be deposited into a special "green space fund" and used for the beautification of the community.
K.
Completion Of Escrow. To insure completion of the improvements herein required, the developer may be required to file a surety bond, cash escrow account, or an irrevocable letter of credit with the City Finance Officer to ensure the actual construction of such improvements according to the plans and specifications of the finally approved site plan within a period of time not to exceed two (2) years from the date of approval of the site plan. Such bond or account shall be in the amount of one hundred percent (100%) of the estimated cost of the improvement as determined by the Public Works Director and with surety and conditions satisfactory to the Board of Aldermen. No building construction shall be permitted on any lot that does not comply with the provisions of these regulations and other applicable elements of the Comprehensive Plan and no municipal utility service shall be furnished to such lot.
1.
Completion Of Construction. The construction of all stormwater improvements shall be completed within two (2) years of signing of the site plan by the Mayor of the City of Warrenton. The Board of Aldermen may grant time extension for those developments showing good cause as to why the improvements have not been completed. In the event that an extension is requested and granted, the escrow, surety bond, or irrevocable letter of credit for those developments not completed shall be extended for the same period of time.
2.
Construction Approval. When the Public Works Director approves the completion of each phase of improvement construction, ninety-five percent (95%) of the appropriate amount of escrow will be released by the City.
3.
Final Approval. Upon completion and approval of all improvements and receipt of all required documentation, the balance of the escrow will be released.
4.
Failure Of Construction Of Improvements. Upon the default or failure of the developer to complete such improvements within said two (2) year period or any extension thereof granted by the Board of Aldermen, the developer shall be considered in default and the City will become the owner of the escrow account or may make demand upon the surety bond or irrevocable letter of credit.
Section 405.395 Notices to Adjacent Property Owners.
[R.O. 2006 §400.395; Ord. No. 1023 §I, 7-6-1998; Ord. No. 1434 §I, 9-7-2004; Ord. No. 1480 §I, 4-5-2005; Ord. No. 1662 §I, 11-21-2006; Ord. No. 2908, 12-17-2024]
A.
Whenever:
1.
An application for a variance;
2.
An application for a conditional use permit;
3.
An application for site plan process; or
4.
An application for a review or variance by the Board of Adjustment of the Building Commissioner's order or determination with respect to signs if filed;
Or whenever: |
5.
A zoning amendment is proposed which reclassifies real estate; or
6.
A plat is to be reviewed by the Planning and Zoning Commission,
the Planning and Development Director or his/her designee shall cause the owners of all lands that are within an area determined by the lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property included in said request or which is the subject of Subsections (A)(1) through (6) above to be notified, in writing, by First Class Mail of such filing or review at least ten (10) days prior to any action thereon. |
B.
Any application or other filing outlined in Section 405.395(A)(1) through (6) above shall be accompanied by three (3) copies of map/plat(s) showing the real estate that is the subject thereof and all lands adjacent thereto with the respective names and addresses of the owners of the adjacent lands and all other documents as required by the specific process. Such application shall be reviewed by the City staff for completeness prior to acceptance for processing. After review by the City staff, the number of copies and the format of required documents shall be provided by the applicant in quantities and on dates as determined by City staff.
C.
The failure of the owners of those lands located in the area determined by the lines drawn parallel to and three hundred (300) feet distance from the boundaries of the property included in the request mentioned in Subsection (A), or which is the subject of Subsection (A), to receive the notice provided herein, or the failure of the Planning and Development Director or his/her designee, applicants or any other person to comply with the provisions of this Section shall not affect the validity of any proceeding or action under this Title IV.