Warsaw City Zoning Code
§ 405.030
Specific Procedures.
[Ord. No. 211 § 2, 12-21-2015; Ord. No. 527, 12-26-2023]
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 (O) 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/ City Engineer | 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 | A | 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 | ||
Drainage permit | O | 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). Site plan applications shall include the following information unless waived by the City Administrator as part of a preapplication meeting. Items listed as “required” or “if required” may not be waived:
(a)
Site Information (Required):
i.
North arrow and scale.
ii.
Vicinity map.
iii.
Name, address, phone number, and email address for site plan preparer, applicant, and owner.
iv.
Property address, legal description, and parcel number.
v.
Property boundaries, dimensions, and lot size(s), individual lots must be dimensioned.
vi.
Existing and proposed road alignment, right-of-way lines, pavement width, and grade.
vii.
Name of streets abutting and within fifty (50) feet of the property.
(b)
Zoning Information (Required):
i.
Total lot coverage by lot, including building coverage and paved surfaces.
ii.
Existing and proposed building(s): location and footprint dimensions, height, setbacks from all property lines and the road ROW along with identification of setbacks required by the applicable zone district; location and depth of riparian setback where applicable.
iii.
Any changes to zone district dimensional standards with a reference to the UDC provision that permits the proposed change.
iv.
Residential development: lot size per dwelling unit, total number of dwelling units, floor area of each dwelling unit, where applicable.
v.
Proposed uses by building, structure, or site location.
vi.
Compliance with any use-specific standards that affect site design, such as accessory structure dimensional standards or ADU minimum lot sizes.
vii.
Existing and proposed site access locations.
(c)
Project Specific Information:
i.
Existing and proposed utilities on the site, including utility size, easement size, and culverts.
ii.
Location and type of existing and proposed wireless communication facilities.
iii.
Topographic lines at two-foot intervals and grades, both existing and proposed; spot grades of completed improvements.
iv.
Indication of prominent natural features, such as existing trees, streams, and ridgelines, the 100-year floodplain line and elevation above floodplain.
v.
Expected water consumption per day in gallons; required flow rate in GPM and/or peak instantaneous demand; proposed fire service line size if required; proposed water meter size.
vi.
Required Industrial uses: expected wastewater discharge flow per day and waste stream characteristics (i.e., TSS or BOD).
vii.
Site-specific utility service information such as on-site manholes, cleanouts, and connection points.
viii.
Location, type, and area of on-site sewage disposal systems, if applicable.
ix.
If required for the project, traffic impact analysis report.
x.
Sidewalk location and design.
xi.
Total number of required parking spaces and a detailed floor plan to calculate usable floor space for parking space requirements. Shared parking agreements must be included if used for parking allotments and shall be irrevocable to protect everyone’s current and future interests.
xii.
Dimensions and design of parking and loading areas, including specifications for paving and striping.
xiii.
Location and dimensions of fire lanes and identification of adequate hydrant access.
xiv.
Dimensions and design of stacking spaces for drive-thru facilities.
xv.
A landscape plan that meets the requirements of Section 405.120. Plant materials, sizes, and quantities may be shown in a table on the side of the landscape sheet.
xvi.
Identification of screening materials, design, dimensions, and estimated time of maturity.
xvii.
Parking lot landscaping layout, materials.
xviii.
Where required, the location and dimensions of public and/or private open space.
xix.
Provide information on outdoor lighting indicating height, fixture type, and locations.
(d)
Stormwater Management Information: If the project meets the applicability requirements of 405.030(O), Drainage Permit, then a drainage permit shall be included with the site plan. Any application fees associated with the drainage permit may be waived when submitted with the site plan.
(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)
Stormwater management is provided in compliance with Section 405.070, Stormwater Management and Natural Area Protection Standards, if applicable;
(5)
Any significant adverse impacts reasonably anticipated to result from the structure or use will be mitigated or offset to the maximum extent practicable;
(6)
The development proposed in the plan and its general location is or will be compatible with the character of surrounding land uses; and
(7)
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 site plan that meets the requirements identified in 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).
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 zone district dimensional 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 or preservation of riparian areas beyond that required by Section 405.070, Stormwater Management and Natural Area Protection Standards; 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 preliminary site plan:
(1)
The development meets the terms of the underlying zoning district except as modified by the 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)
Stormwater management is provided in compliance with Section 405.070, Stormwater Management and Natural Area Protection Standards, if applicable;
(5)
All easements and utilities shall be at or above the engineering standards/service capacities of the approving departments and agencies;
(6)
The plan is consistent with good land use planning and site engineering design principles, particularly with respect to safety and aesthetics;
(7)
The architectural designs are consistent with Warsaw's policies and regulations and compatible with surrounding features;
(8)
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;
(9)
Right-of-way and easements have been identified by the City for dedication; and
(10)
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 site plan, an applicant may submit a final site plan for approval. The final plan shall include the information specified on the 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, storm drainage system(s), 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 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 405.080, Mobility and Connectivity;
b.
Section 405.090, Commercial and Mixed Use Design and Development Standards;
c.
Section 405.100, Multifamily and Townhouse Residential Design Standards; and
d.
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). Preliminary plats shall include, at a minimum:
(a)
Site information (Required):
i.
Name of the proposed subdivision.
ii.
North arrow and scale (not less than 1” = 100’).
iii.
Vicinity map.
iv.
Name, address, phone number, and email address for site plan preparer, applicant, and owner.
v.
Property address and legal description for all of the land to be platted as well as any platted or unplatted adjacent properties in the same ownership.
vi.
Property boundaries, dimensions, and lot size(s), individual lots must be dimensioned.
vii.
Name of streets abutting and within fifty (50) feet of the property.
(b)
Lot and Zoning Information (Required):
i.
Existing and proposed building(s): (a) location and footprint dimensions; (b) height; (c) building setbacks from all property lines and the road ROW along with setbacks required by the applicable zone district.
ii.
Total lot coverage by lot, including building coverage, accessory structures with a roof, and paved surfaces.
iii.
Residential development: lot size per dwelling unit, total number of dwelling units, floor area of each dwelling unit, where applicable.
iv.
Any changes to zone district dimensional standards with a reference to the UDC provision that permits the proposed change.
v.
Compliance with any use-specific standards that affect site design, such as accessory structure dimensional standards or ADU minimum lot sizes.
(c)
Project Specific Information:
i.
Topographic lines at two-foot intervals and grades, both existing and proposed; spot grades of completed improvements.
ii.
Existing environmental features such as significant trees, streams, and ridgelines; location and direction of drainage channels; identification of areas subject to 100-year flood; proposed riparian buffers.
iii.
Location and design of any proposed low impact development features.
iv.
Existing and proposed road alignments, rights-of-way lines, pavement width, and appropriate grades.
v.
Existing and proposed utilities on the site, including utility size, easement size, and culverts.
vi.
Location and type of existing and proposed wireless communication facilities.
vii.
Expected water consumption per day in gallons; required flow rate in GPM and/or peak instantaneous demand; proposed fire service line size if required; proposed water meter size.
viii.
Required: Industrial uses: expected wastewater discharge flow per day and waste stream characteristics (i.e., TSS or BOD).
ix.
Site-specific utility service information such as on-site manholes, cleanouts, and connection points.
x.
If required for the project, traffic impact analysis report.
xi.
Location, type, and area of on-site sewage disposal systems, if applicable.
(d)
Stormwater Management Information: If the project meets the applicability requirements of 405.030(O), Drainage Permit, then a drainage permit shall be included with the preliminary plat application. Any application fees associated with the drainage permit will be waived when submitted with the preliminary plat.
(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)
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)
Stormwater management is provided in compliance with Section 405.070, Stormwater Management and Natural Area Protection Standards, if applicable.
(7)
Evidence of approval by the appropriate utilities, including water and sewer utilities.
(8)
Right-of-way and easements have been identified by the City for dedication.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
Provision has been made for assumption of responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision.
(14)
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 City Engineer prior to or concurrently with the submission of a final plat application. The City Engineer 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 City Engineer shall provide the applicant with information as necessary to modify the plans. Engineering and construction plans must be approved by the City Engineer 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; and
(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.
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 and any required permits, 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.
b.
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.
c.
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.
d.
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). Minor subdivision applications shall be submitted with a plat pursuant to Section 405.030(I)(3)(c).
(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)
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)
Stormwater management is provided in compliance with Section 405.070, Stormwater Management and Natural Area Protection Standards, if applicable;
(7)
Evidence of adequate sewage treatment for each lot; and
(8)
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.).
c.
Stormwater standards cannot be modified.
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. Grading permits are required to review the extent of grading activity proposed to minimize and mitigate the disturbance of land, vegetation, and any existing or potential hazards.
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.
City Engineer.
(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 City Engineer, a permit shall be issued within ten (10) working days of application.
(2)
If determined inadequate by the City Engineer, 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 City Engineer 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.
Drainage Permit.
1.
Purpose. The purpose of this Subsection is to provide procedures for drainage permits. Drainage permits are required to minimize and mitigate the impact of stormwater runoff from development and increase in impervious area.
2.
Applicability.
a.
A drainage permit shall be required for all new development and redevelopment, including subdivision development and construction. It shall be unlawful for any person to alter the surface of the land to create additional impervious surfaces, including, but not limited to, pavement, buildings, and structures without first obtaining a drainage permit pursuant to this Subsection.
b.
Exemptions. The following activities are exempt from this Subsection:
(1)
Existing development. Improvements that cause an increased area of impervious surface on the site less than one thousand (1,000) square feet.
(2)
New development. Construction of any one new single family or duplex dwelling unit provided the total impervious area of the site is less than five thousand (5,000) square feet.
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)
All applicants shall submit the drainage permit at the beginning stages of the project so that the City may verify that proper stormwater management is incorporated into the design and that any drainage easements will be dedicated on the plat, if applicable. As design progresses, any major changes that result in a change in stormwater management shall require a resubmittal/update of the drainage permit.
(4)
Notice is not required.
4.
Action by review and decisionmaking bodies.
a.
City Engineer.
(1)
The drainage permit shall be reviewed for consistency with applicable regulations, standards and approval criteria below, and if approved by the City Engineer, a permit shall be issued within fifteen (15) working days of application.
(2)
If determined inadequate by the City Engineer, the application shall be returned within fifteen (15) working days, and the owner or applicant may resubmit, without additional fees, an amended drainage permit.
b.
Approval criteria. The City Engineer shall approve a drainage permit application if it meets the following criteria:
(1)
The drainage system is designed in accordance with Section 405.070, Stormwater Management and Natural Area Protection Standards;
(2)
The improvements proposed avoid any adverse impact on natural drainage patterns on- and off-site, including but not limited to flooding, erosion, loss of property, etc.;
(3)
Drainage easements for all stormwater management components including stormwater drainage setbacks for natural overland drainage paths are dedicated to the City;
(4)
Maps and calculation tables per the City’s stormwater management design criteria are included with the permit application; and
(5)
Permit application meets design requirements for retention, detention, collection, and conveyance.
P.
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.