Warsaw City Zoning Code
§ 405.060
Purpose and Applicability of Development Standards.
[Ord. No. 211 § 2, 12-21-2015; Ord. No. 527, 12-26-2023]
A.
Purpose And General Provisions. The development and design standards set forth in Sections 405.070 through 405.120 shall apply to the physical layout and design of development in Warsaw. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, in order to implement the Comprehensive Plan vision for a more attractive, efficient and livable community. The specific purposes of these Sections include:
1.
To implement the Warsaw Comprehensive Plan through the creation and application of development standards that reflect Warsaw's community character and development choices;
2.
To encourage the proper use of the land by promoting an appropriate balance between the built environment and the preservation and protection of open space and natural resources;
3.
To protect public and private investment through preservation of open spaces, protection of natural resources, including existing trees, providing buffers between incompatible uses and along roadways, and encouraging the planting of new trees and vegetation as deemed appropriate;
4.
To promote sound management of water quality and quantity through preservation of natural areas and their functions and by encouraging soil management and the use of native plant materials;
5.
To provide appropriate standards to ensure a high-quality appearance for Warsaw and promote good design while also allowing flexibility, individuality, creativity and artistic expression;
6.
To strengthen and protect the image, identity and unique character of Warsaw and thereby enhance its business economy;
7.
To protect and enhance residential neighborhoods, downtown Warsaw, commercial districts and other areas by encouraging physical development that is of high quality and is compatible with the character, scale and function of its surrounding area;
8.
To encourage developments that relate to adjoining public streets, open spaces and neighborhoods with building orientation and physical connections that contribute to the surrounding network of streets and walkways; and
9.
To provide road connectivity for the movement of people, goods and services.
B.
Applicability. The development standards in Sections 405.070 through 405.120 are fully applicable to new development. In order to promote redevelopment and balance the costs of development in compliance with these standards on an existing structure against the benefits to the community of bringing all development into compliance with community development standards, some exemptions from Section 405.110, Parking and Loading, and Section 405.120, Landscaping and Screening, development standards are allowed for redevelopment on a sliding scale based on the amount of redevelopment taking place on the site as described in Table 405.060-1, Applicability of Development Standards, and more completely described below:
Table 405.060-1 Applicability of Development Standards | ||||
|---|---|---|---|---|
Percent Compliance with Development Standards | ||||
Multifamily | Commercial | Mixed-Use | Industrial | |
New development | ||||
New development | 100% | 100% | 100% | 100% |
Existing development | ||||
External additions by assessed valuation1 | ||||
Less than 10% | n/a | n/a | n/a | n/a |
Between 10% and 75% | Per Section 405.060(B)(2)(a)(2), below | |||
Greater than 75% | 100% | 100% | 100% | 100% |
Interior changes | n/a | Off-street parking standards apply | ||
Nonconformities [Section 405.050(F)] | ||||
Nonconforming lots | Applicable to structures only, not lots | |||
Nonconforming uses | Nonconforming uses are not permitted to be altered | |||
Nonconforming structures | ||||
Enlargement, alteration, movement | 100% | 100% | 100% | 100% |
Damage or destruction | 100% | 100% | 100% | 100% |
NOTES: | |
1 | If there is more than one (1) structure on a lot, this is based on the individual structure subject to the addition, not the total for the lot. |
1.
New development. The development standards in this Section shall apply to all new development unless otherwise specified in the Section. Single- and two-family residential development may be exempt from some requirements as identified in the specific development standards Section.
2.
Existing development.
a.
External additions. The development standards in this Section shall apply to all external additions as follows:
(1)
External additions that increase the assessed valuation of the existing structure by less than ten percent (10%), as determined by the building permit valuation, shall not be required to comply with these development standards.
(2)
External additions that increase the assessed valuation of the existing structure by more than ten percent (10%) but less than seventy-five percent (75%), as determined by the most recent building permit valuation, shall require a corresponding percent increase in compliance with these development standards or until the site reaches compliance, whichever is less.
(3)
External additions that increase the building permit valuation of an existing structure by seventy-five percent (75%) or greater, as determined by the most recent county assessed value, shall be required to fully comply with these standards.
b.
Interior changes. Where development changes are wholly internal to the existing structure, only the off-street parking requirements included in Section 405.110 are applicable. This requirement may be waived by the Director where the applicant can show that there is sufficient existing parking to service the interior changes.
c.
Ten-year time frame. Any application by property owners to expand structures shall remain on record for ten (10) years from the date of said work completion. Any subsequent application to expand structures shall be cumulative to any requests made within the previous ten (10) years. The total shall be used by the City to determine the property owner's necessary level of compliance.
