Winchester City Zoning Code
ARTICLE XII
Administration and Enforcement
Section 405.500 Scope of Provisions.
[CC 1981 §460.010; Ord. No. 638 §2(460.010), 11-14-1990]
This Article contains the regulations pertaining to enforcement of the provisions of this Code, inspection of property and issuance of stop work orders and enforcement of violations of the provisions of this Chapter.
Section 405.510 Site Development Plan.
A.
Where approval of a use in any district requires site plan review, the following procedures shall apply:
1.
Application. The developer or his/her authorized representative shall, prior to the time of application for a building permit, file an original and five (5) copies of the application with the City Administrator on forms provided by the City, including a site plan application fee of one hundred dollars ($100.00) and six (6) copies of the site plan development which should depict the following either on the site plan or on a separate sheet accompanying the plan:
a.
A site plan drawn to scale not less than one (1) inch equals fifty (50) feet (1"=50') showing the following information.
(1)
General matters.
(a)
A small location "key" map showing the site and illustrating its relationship to the nearest major street intersection and adjacent streets.
(b)
North arrow and scale of drawings.
(c)
Title block including the name and address of the development and the developer, engineer's seal, and date.
(d)
Property lines, existing and proposed right-of-way lines, with metes and bounds (bearing and distances) indicated, and building or setback lines.
(e)
Existing and proposed easement lines and dimensions, with owner's name or description of facilities located therein.
(f)
Location and size of all existing and proposed structures, and other improvements, including, but not limited to, buildings, existing and proposed parking areas, streets, walkways, drainage structures, utility poles, fences, retaining walls, etc., on the property.
(g)
The description of the general use for which the structure is intended.
(h)
Number of employees in largest shifts, for place of assembly the maximum capacity of the meeting or assembly space (if applicable).
(i)
Ownership, land use and zoning of adjoining properties.
(j)
Submission of permits or other records, if required, proving that the proposed use is located on a legal lot.
(k)
All exterior sign design including location and size (both freestanding and attached signs), and illumination technique.
(l)
Location and intensity in candlepower of all exterior lighting, including height and spacing of all lighting standards.
(m)
Location of outside refuse collection areas and type of screen. Refuse containers must be enclosed from public view.
(n)
All existing structures and features located within one hundred (100) feet of the property.
(o)
The following information as part of the legend:
(i)
Gross square footage of all building structures;
(ii)
Type and size of all trees and shrubs used in landscaping of the site if not noted elsewhere on the plan;
(iii)
Present zoning of the subject site and adjoining sites;
(iv)
Percentage of green space per site not occupied by buildings, structures or paving;
(v)
Percentage of building coverage per lot.
(p)
Proposed development phasing schedule.
(2)
Drainage matters.
(a)
All existing or proposed ponds, lakes, stormwater detention basins, sinkholes or other bodies of water, and the existing and proposed uses thereof.
(b)
Existing and/or proposed storm sewers to serve the site.
(c)
The nearest available sanitary sewer and an indication of the sanitary sewer district or sewer company to serve the project.
(d)
Existing and proposed major drainage facilities, such as bridges, culverts, channels, creeks, etc.
(e)
The limits of the 100-year and 500-year floodplain zone (if applicable).
(3)
Circulation, parking and landscaping matters.
(a)
The internal and peripheral vehicular circulation showing:
(i)
Curb cuts required to provide ingress and egress to and from adjacent streets;
(ii)
The existing width and proposed widening of all existing adjacent streets and rights-of-way (including the number and width of lanes and any island or medians). NOTE: New easements and right-of-way dedications may be required in conjunction with the proposed development, and must be shown and dimensioned on the plan;
(iii)
All the entrances on opposite sides of existing adjacent streets within the frontage of the development;
(iv)
The width and location of all internal drives, aisles, parking and loading spaces;
(v)
The location of all islands and medians;
(vi)
The location and dimensions of all existing and proposed curbs.
(b)
The number of parking and loading spaces provide parking calculations and number of spaces provided.
(c)
The location of spaces to be used for outdoor vehicular and equipment storage, and location of screening, existing and proposed.
(d)
A proposed landscaping plan illustrating all proposed deciduous and evergreen trees, ground cover and other landscaping elements.
(4)
Site grading matters.
(a)
Existing and proposed contours referenced to U.S.G.S. datum at normally two (2) foot intervals, for the subject property, extending at least twenty-five (25) feet off site. Contour intervals other than the above may be required depending on topography of the site. Existing contour lines shall be differentiated from that of proposed contour lines. A varied frequency of contours and/or spot elevations may be required.
(b)
Two (2) cross-sectional profiles (taken perpendicular to each other), showing proposed structures and proposed and existing grades through the center of the property.
2.
Proposed activities. In single lot developments, location of buildings and other structures, as well as parking and loading areas shall be indicated. In multiple lot developments, conceptual location and configuration of buildings, approximate locations of common areas, open space, major utility easements, and stormwater detention areas shall also be indicated;
3.
Distribution. Upon receipt of the site plans, and following a determination by the City Engineer that the application, plans and accompanying sheets are complete, the City Engineer shall date and distribute copies of the application and plans in the following manner:
(1)
The original application and the site development plan shall be retained by the City Engineer;
(2)
Four (4) copies of the application and the site development plans shall be forwarded to the Planning and Zoning Board to begin the review process;
(3)
One (1) copy of the application and the site development plans shall be sent to the Board for their information.
4.
Public hearing. A public hearing on the application shall be held by the Planning and Zoning Board within sixty (60) days of receipt of a complete application as defined in Subsections (1)(a) through (i). The procedural requirements of this Chapter shall be applicable for the public hearing pursuant to this Section.
5.
Planning And Zoning Board recommendations. No action shall be taken by the Board until it has received the recommendation of the Planning and Zoning Board. The recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted development. A recommendation of approval shall include recommended conditions to be included in the final site development plan. The Planning and Zoning Board will review the documents and base its conditions for approval on the following review procedures:
a.
The Planning and Zoning Board shall examine all plans, documents and exhibits pertaining to proposed structures for general conformity with the style and design of surrounding structures and to insure that the project is conducive to the proper development of the City. This development review will be based on information provided by the developer and will cover landscaping, lighting, setbacks, points of access and egress, screening, massing and locational relationships of proposed building(s) and improvements, phasing, and any other information which may include models, samples of proposed exterior building materials, etc., as deemed appropriate by the Planning and Zoning Board. The conditions for approval shall also cover appropriate project timing relative to initiation and completion of all construction.
6.
Aldermanic review. Upon receipt of the recommendations of the Planning and Zoning Board, the Board of Aldermen, utilizing the same standards imposed upon the Planning and Zoning Board in Subsection (3) hereof may take any of the following actions:
a.
Approve site development plan as recommended and pass an ordinance containing the conditions as stated in the recommendations of the Planning and Zoning Board;
b.
Approve site development plan based upon a modification of the conditions as stated in the recommendations of the Planning and Zoning Board;
c.
Disapprove the plan.
7.
Final site development plan. If approved by the Board, the developer shall, within twelve (12) months of the date of the ordinance approving the site development plan, submit to the City Engineer a final site development plan which reflects compliance with the conditions contained in the ordinance approving the site development plan and may simultaneously apply for appropriate building permits. Upon application, the Board of Aldermen may, in its discretion, extend the twelve (12) month period for filing a final site development plan. In no event shall the Board extend the twelve (12) month period to more than thirty-six (36) months. Failure to submit a final site development plan which reflects compliance with the conditions contained in the ordinance approving the site development plan within the time prescribed herein shall be deemed a withdrawal of the application for site plan review. If subdivision is required, a final plat of subdivision will be filed concurrently with the final site development plan.
8.
Review by City Engineer. The City Engineer shall review the final site development plan for compliance with the authorizing legislation. Upon finding of compliance, the City Engineer shall so note upon the final site development plan which shall include the date of said finding. No building permits shall be issued by the City Engineer unless a finding of compliance is made.
9.
Recording requirements. Upon a finding of compliance with the authorizing legislation by the City Engineer, the developer shall record the final site development plan and the approving ordinance with the Recorder of Deeds within sixty (60) days of the date of said finding.
10.
Procedure for amendment of conditions or plans. In order to amend the recorded approved final site development plan, the procedure, subject to the same standards of review required for site development approval, shall be as follows:
a.
The property owner or authorized representative shall submit an amended final site development plan together with a processing cost deposit which the Board of Aldermen shall prescribe to the Planning and Zoning Board for review and recommendation. The Planning and Zoning Board shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing, and approved by the Board.
b.
If the Planning and Zoning Board determines that the proposed amendment to the final site development plan is not significant, the Planning and Zoning Board shall, within ninety (90) days after receipt of said proposed amendment(s), submit a recommendation to the Board for approval and/or modification. Within thirty (30) days of receipt of the Planning and Zoning Board recommendation, the Board shall accept or reject said recommendation and approve or disapprove said amendment(s) in accordance with the procedures set forth in Subsection (4). If approved, the amended plan shall be recorded with the Recorder of Deeds within thirty (30) days of approval.
If the Planning and Zoning Board determines that the proposed amendment to the final site development plan is significant, the Planning and Zoning Board shall hold a new public hearing on the matter in accordance with the proceedings specified in Subsection (2) prior to submitting its recommendations to the Board for action in accordance with the procedures set forth in Subsection (3). If approved, the amended plan shall be recorded with the Recorder of Deeds within thirty (30) days of approval.
11.
Guarantee of improvements. Unless otherwise provided for in the conditions of the ordinance governing an approved development, no building permits, or permits authorizing the occupancy or use of a building, facility, commercial establishment, or service concern shall be issued until required related off-site improvements are constructed or escrow, or other acceptable instrument approved as to form by the City Attorney, is posted guaranteeing the improvements. Temporary building permits or other authorizations may be issued by the City Engineer to permit the completion of required related off-site improvements pursuant to this Section. Required related off-site improvements may include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights, and street trees. If an approved development is developed in sections, this requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question. The provisions of the City's subdivision regulations respecting the installation or guarantee of subdivision improvements and the inspections thereof together with the permits and fees required therefor shall be applicable to the installation or guarantee of improvements under this Section.
12.
Trust indenture requirements. Whenever an applicant files an application for a site to be developed and the site is to be subdivided into two (2) or more individual lots, the applicant shall submit a proposed trust indenture as to all land within the site, which trust indenture must comply with the requirements set forth in the subdivision regulations.
Section 405.520 Violation(s) of Zoning Code.
[CC 1981 §460.020; Ord. No. 638 §2(460.020), 11-14-1990]
The Building Commissioner, as the designated Zoning Code(s) Enforcement Officer of the City, may inspect properties where violations of these regulations exist and issue stop work orders and/or tickets where necessary to protect the public health, safety and welfare.
Section 405.530 Fees, Charges and Expenses.
[CC 1981 §460.030; Ord. No. 638 §2(460.030), 11-14-1990]
The Board of Aldermen shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates, appeals and other matters pertaining to the Chapter. The schedule of fees shall be posted in the office of the City Clerk and may be altered or amended only by the Board of Aldermen. No permit, certificate, conditional use, approval or variance shall be issued unless or until such costs, charges, fees or expenses listed in this Chapter have been paid in full, nor shall any action be taken on proceedings before the Board of Aldermen unless or until fees have been paid in full.
Section 405.540 Penalties.
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 five hundred dollars ($500.00) for each and every day that such violation continues 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. Notwithstanding the provisions of Section 82.300, RSMo., however, for the second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) 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.