[Ord. No. 2327 §1, 3-18-2003]
A.Â
The
regulations and conditions contained in this Title IV:
1.Â
Shall be known and may be cited hereinafter as "The Zoning Code of
the City of Pacific, Missouri"; and
2.Â
May sometimes be collectively referred to in this Title IV as "this
Chapter". If any court of competent jurisdiction shall declare any
part of this Chapter to be invalid, such ruling shall not affect any
other provisions of this Chapter not specifically included in such
ruling. If any court of competent jurisdiction shall declare invalid
the application of any provisions of this Chapter to a particular
land, parcel, lot, district, use, building or structure, such ruling
shall not affect the application of such provisions to any other land,
parcel, lot, district, use, building or structure not specifically
included in such ruling.
[Ord. No. 2327 §1, 3-18-2003]
A.Â
This
Title is enacted pursuant to authority conferred under State law for
the purpose of regulating and controlling the zoning and use of land
and buildings within the City of Pacific in order to promote public
safety, health and general welfare of its citizens. This Chapter is
specifically designed to:
1.Â
Reflect and effectuate the principles and policies articulated in
the Comprehensive Plan;
2.Â
Enhance and protect the character and stability of residential, commercial,
industrial, recreational and open space areas within the City of Pacific
and promote their orderly and beneficial development;
3.Â
Provide privacy and convenience of access to property;
4.Â
Regulate the intensity of land use and establish open areas surrounding
buildings and structures necessary to provide adequate light and ventilation
and to protect public safety and health;
5.Â
Regulate and limit the height of buildings and structures;
6.Â
Lessen and avoid congestion on public streets by establishing off-street
parking and loading standards and requiring impact analysis prior
to development;
7.Â
Regulate and limit the density of population;
8.Â
Divide the City into zoning districts and establish, by reference,
a map showing the boundaries of such districts;
9.Â
Fix reasonable standards to which land, buildings, structures and
their uses must conform;
10.Â
Prohibit uses, buildings or structures which are incompatible with
the character or development of uses, buildings or structures permitted
within specified zoning districts;
11.Â
Prevent illegal additions or alterations to existing buildings or
structures;
12.Â
Protect against fire, explosion, noxious fumes and odor, heat, dust,
smoke, glare, noise, vibration, radioactivity and other nuisances
and hazards in the interest of public health, safety and general welfare;
13.Â
Prevent overcrowding of land and undue concentration of buildings
and structures, so far as is possible and appropriate in each zoning
district, by regulating the use and bulk of buildings in relation
to the land surrounding them;
14.Â
Enhance and preserve the value of land, buildings and structures
throughout the City;
15.Â
Provide for the continuation of non-conforming uses as required by
law;
16.Â
Designate and define the powers and duties of the officials administering
and enforcing this Chapter; and
17.Â
Provide penalties for the violation of this Chapter.
[Ord. No. 2327 §1, 3-18-2003]
A.Â
The
regulations contained in this Chapter shall be minimum regulations
and shall apply uniformly to each class or kind of structure or land,
except as otherwise expressly provided in this Chapter.
B.Â
No
building shall be erected, converted, placed, enlarged, reconstructed
or altered, nor shall any building or land be used, except for a purpose
and in the manner permitted in the district in which the building
or land is located, except as otherwise provided in this Chapter.
C.Â
No
land required for yards, open spaces or off-street parking or loading
spaces around or about an existing building or any building hereafter
erected or altered shall be considered as the required yard or lot
area for more than one (1) building, except as otherwise provided
in this Chapter.
D.Â
The
provisions of this Chapter shall be considered the minimum requirements
for the promotion of the public health, safety, morals, comfort and
welfare. Where provisions of this Chapter impose greater restrictions
than those of any Statute, other ordinance or regulation, the provisions
of this Chapter shall control. Where the provisions of any Statute,
other ordinance or regulation impose greater restrictions than this
Chapter, the provisions of such Statute, other ordinance or regulation
shall control.
E.Â
This
Chapter is not intended to abrogate or annul any easement, covenant
or other private agreement provided that there is full compliance
with the provisions of this Chapter.
F.Â
Words
used in the present tense include the future tense and vice versa;
the singular includes the plural and the plural includes the singular,
unless the context clearly indicates the contrary.
G.Â
The
terms "shall" and "must" are always
mandatory and not discretionary; the words "may" or "should" are permissive.
H.Â
For
the purpose of this Chapter, certain words and phrases are defined
herein. Words and phrases defined herein shall be given the defined
meaning. Words and phrases which are not defined shall be given their
usual meaning except where the context clearly indicates a different
or specified meaning.
[Ord. No. 2327 §1, 3-18-2003]
For the purpose of this Chapter, the terms used herein are defined
as follows:
A detached subordinate building or structure, the use of
which is incidental to that of a principal building or structure or
incidental to the principal use of the land and which is located on
the same lot with the principal building or use.
A use which is incidental and subordinate to the principal
use of the premises and does not change the character thereof as determined
by its principal use.
An establishment consisting of, including or having the characteristics
of any or all of the following:
Adult bookstore. An establishment having as
a substantial or significant portion of its stock-in-trade books,
magazines, publications, tapes or films that are distinguished or
characterized by the emphasis on matter depicting, describing or relating
to sexual activities or anatomical genital areas.
Adult cabaret. An establishment devoted to
adult entertainment, either with or without a liquor license, presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual activities or anatomical genital
areas.
Adult mini-motion picture theater. An enclosed
building with a capacity of less than fifty (50) persons used for
presenting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to sexual activities or
anatomical genital areas.
Adult motion picture theater. An enclosed building
with a capacity for fifty (50) or more persons used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual activities or anatomical genital
areas.
Exotic dance facility. Any building, structure
or facility which contains or is used for commercial entertainment,
where the patron directly or indirectly is charged a fee to observe
"specified anatomical areas", provided that the genitals and pubic
areas of all persons and the areola and nipple of the breast of all
female persons are opaquely covered. "Specified anatomical areas"
shall include:
A public or private way, at the rear or side of property,
reserved as a means of secondary vehicular access to abutting property
and not intended for general traffic circulation.
As applied to a building, a change or rearrangement in any
parts of the building or in the exit facilities or an enlargement
or decrease in exterior dimensions or the moving from one location
or position to another.
A change in the supporting members of a building, such as
bearing walls, columns, beams or girders.
The total square footage within the principal space of each
structure, excluding storage, stairs, elevators, garages, porches,
parking and walkways.
The entire area within the boundary lines of a site, including
the area to be dedicated for street right-of-way and common land.
The entire area within the boundary lines of a site, less
the area of any street right-of-way.
A building attached to another building by a common wall
(such wall being a solid wall with or without windows and doors) and
a common roof with at least a horizontal dimension of six (6) feet.
Any street, highway, river, pond, canal, railroad, levee,
embankment or screening by a fence or hedge.
That level of a building at least fifty percent (50%) below
the average finished grade of the building.
A definite point of known elevation and location and of more
or less permanent character.
An area of land entirely bounded by streets, highways or
ways (except alleys, pedestrian ways or exterior boundaries of a subdivision)
or a combination of streets, public parks, cemeteries, railroad right-of-way,
bulkhead lines or shorelines of waterways or corporate boundary lines.
An adjustment to the lot lines of platted lots or other lawful
parcels for the purpose of adjusting the sizes of buildings, frontages,
configuration of buildable lots or the consolidation of existing lots
which does not create any additional buildable lots.
The Department of Building of Pacific, including the building
inspection personnel and the Zoning Officer.
The vertical distance from the average finished grade to
the uppermost point of the roof structure except as otherwise expressly
provided herein.
A line on a plat parallel to the front lot line, past which
no portion of a building may project in accordance with the Zoning
Code of the City of Pacific, Missouri.
A building or structure is declared to be that which is built
or constructed or anything erected and framed of component parts which
is fastened, anchored or rests on a permanent foundation or on the
ground, excluding fences. The word "building" shall
include the word "structure" and vice versa.
Planning and Zoning Commission of Pacific, Missouri.
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision, which land is
conveyed by the developer to trustees whose trust indenture shall
provide that said common land be used for the sole benefit, use and
enjoyment of lot owners present and future. No lot owner shall have
the right to convey his/her interest in the common land except as
an incident to the ownership of a regularly platted lot.
A facility licensed as such by the State of Missouri.
[Ord. No. 3364, 2-21-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 3364, 2-21-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 3364, 2-21-2023]
The plan or any portion thereof adopted by the Board of Aldermen
for the coordinated physical development of the City of Pacific including,
among other things, plans and programs regarding the location, character
and extent of highways, transportation routes, bridges, public buildings,
schools, parks and projects affecting the conservation of natural
resources.
A survey of the parcel and all units of a multi-unit structure
for the purpose of compliance with the Condominium Property Act, Chapter
448 of the Missouri Revised Statutes.
A short, minor street having only one (1) end open for vehicular
traffic and the other permanently terminated by a turnaround for vehicles.
The arrangement of land for easements, lots and rights-of-way,
including materials, improvements, alignment, grading and width of
these elements.
Any person, firm, partnership, association, corporation,
estate, trust or other group or combination acting as a unit dividing
or proposing to divide land in a manner that constitutes a subdivision
as herein defined. The term "developer" shall include
any agent of any developer.
A dwelling or group of dwellings on one (1) lot or plot containing
separate living units for three (3) or more families each living as
independent housekeeping units.
A detached principal building designed for or used as a dwelling
exclusively by one (1) family as an independent housekeeping unit.
Single-family dwelling or single-family residence shall include any
private residence licensed by the Division of Family Services or Department
of Mental Health to provide foster care to one (1) or more but less
than seven (7) children who are unrelated to either foster parent
by blood, marriage or adoption. A single-family dwelling or single-family
residence shall also include any home in which eight (8) or fewer
unrelated mentally or physically handicapped persons reside and may
include two (2) additional persons acting as houseparents or guardians
who need not be related to each other or to any of the mentally or
physically handicapped persons residing in the home.
A detached principal building designed for or used as a dwelling
exclusively by two (2) families each living as an independent housekeeping
unit.
Shall include one (1) kitchen and no more than one (1) family
shall be allowed per kitchen.
A grant by a property owner to the public, a corporation
or a person of the use of land for a specific purpose.
A professional engineer registered in the State of Missouri.
A title company, bank, savings and loan association, trust
company, reputable attorney or any other person or agency approved
by the City to act as escrow agent under the provisions of this Chapter.
A single individual occupying a premises as a single housekeeping
unit with single kitchen facilities.
A collective body of persons occupying a premises with single
kitchen facilities and living together as a separate housekeeping
unit in a domestic relationship based upon birth, adoption or marriage
and including no more than two (2) persons employed on the premises
as domestic servants.
A group of not more than four (4) persons (excluding servants)
occupying a premises by joint agreement and living together as a single
housekeeping unit with single kitchen facilities on a non-profit cost-sharing
basis.
A foster parent or parents licensed by the State to provide
foster care to one (1) or more but less than seven (7) children who
are unrelated to the foster parents.
All land subject to periodic inundation from overflow of
natural waterways.
A geographic area susceptible to periodic inundation from
overflow of natural waterways as shown on flood boundary and floodway
maps prepared by the Federal Emergency Management Agency.
A building used for the business of repairing and/or servicing
motor vehicles.
A building or premises or portion thereof used for the retail
sale of gasoline, oil or other fuel for motor vehicles and which may
include, as an incidental use only, facilities used for polishing,
greasing, washing or otherwise cleaning or light servicing of motor
vehicles, but not including liquefied petroleum gas distribution facilities.
The level at which finished ground meets the exterior walls
of a building or structure.
A low-growing plant, other than turf grass, which forms a
continuous cover over the ground surface.
A single-family dwelling in which eight (8) or fewer unrelated
mentally or physically handicapped persons reside and may include
two (2) additional persons acting as houseparents or guardians who
need not be related to each other or to any of the mentally or physically
handicapped persons.
A surface constructed of either a high quality, thoroughly
controlled hot mixture of asphalt cement and well graded, high quality
aggregate thoroughly compacted into a uniform dense mass to form asphalt
concrete or a composite material which consists essentially of a binding
medium, the binder to be a mixture of Portland cement and water within
which are imbedded particles or fragments of aggregate to form concrete.
Department of Health, State of Missouri.
A use conducted entirely within a dwelling and carried on
by the inhabitants therein and no others, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the residential character thereof.
The engineering plans showing types of materials and construction
details for the improvements, excluding dwelling units, to be installed
during development of a subdivision or manufactured home park prepared
by a professional engineer.
Streets, sidewalks, alleys, curbs, guttering, water mains
and hydrants, gas mains, electric utilities, storm sewers, sanitary
sewers, sewage treatment facilities, monuments, landscaping, street
lights, permanent street markers and other similar items.
Any lot or premises or portion thereof on which a combined
six (6) or more dogs or cats are kept or five (5) or more dogs, whether
for commercial or non-commercial purposes, but not including animals
four (4) months of age or younger which are the natural offspring
of animals otherwise lawfully kept.
Any combination of living plant materials and non-living
materials such as rock, pebbles, sand, bark, pavers, earthen mounds,
fencing, walls, fountains and other decorative materials.
Landscaping shall consist of trees, shrubs, vines, turf,
ground cover and other landscape materials which are utilized to enhance
the aesthetic and functional qualities of a site.
A land surveyor registered in the State of Missouri.
A parcel of land intended to be separately owned, rented,
leased, developed or otherwise used.
The total horizontal area within the boundaries of a lot,
exclusive of any land designated for roadway or street purposes.
A lot abutting upon two (2) or more streets or roadways at
their intersections.
The mean linear distance measured on a horizontal plane between
the front and rear lot lines.
A lot having a frontage on two (2) non-intersecting streets
or roadways as distinguished from a corner lot.
The straight line linear distance between points on opposite
side lot lines measured on a horizontal plane at the building line.
A factory-built structure or structures more than eight (8)
body feet in width and thirty-two (32) body feet or more in length
equipped with the necessary service connections and made so as to
be readily movable as a unit or units on its or their own running
gear and designed to be used as a dwelling unit or units with or without
a permanent foundation. The phrase "without a permanent foundation"
indicates that the support system is constructed with the intent that
the manufactured home placed thereon may be moved from time to time
at the convenience of the owner.
Single sectional manufactured home. A manufactured
home built in only one (1) section at the factory, which section is
transported over the road and forms a single-family residential structure
at the site.
Multi-sectional manufactured home. A manufactured
home built in two (2) or more sections at the factory, which two (2)
sections are transported over the road separately with assembly into
a single-family residential structure at the site.
A parcel of land for the placement of one (1) single or multi-sectional
manufactured home and its accessory buildings for the exclusive use
of its occupants.
A parcel of land which has been developed into lots for the
placement of manufactured homes for residences.
That part of an individual manufactured home lot which has
been reserved for the placement of the manufactured home, appurtenant
structures or additions.
A facility licensed as such by the Missouri Department of
Health and Senior Services.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
A facility licensed as such by the Missouri Department of
Health and Senior Services.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
A facility licensed as such by the Missouri Department of
Health and Senior Services.
[Ord. No. 3364, 2-21-2023]
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" do not include industrial hemp as defined by Missouri
Statute or commodities or products manufactured from industrial hemp.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
A facility licensed as such by the Missouri Department of
Health and Senior Services.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
A facility certified by the Missouri Department of Health
and Senior Services.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, store, manufacture, transport, and
sell marijuana-infused products to a medical marijuana dispensary
facility, a medical marijuana testing facility, or to another medical
marijuana-infused products manufacturing facility.
[Ord. No. 3136, 6-4-2019]
A facility licensed as such by the Missouri Department of
Health and Senior Services.
[Ord. No. 3364, 2-21-2023]
A facility licensed as such by the Missouri Department of
Health and Senior Services.
[Ord. No. 3364, 2-21-2023]
A factory-built home, constructed in accordance with BOCA
standards, designed to be mounted on a permanent foundation which
does not bear a seal as defined herein.
A building or group of attached or detached buildings consisting
of four (4) or more separate, furnished living or sleeping rental
units designed or used for the accommodation of travelers on a non-permanent
basis and having a character designed to attract such travelers.
A building or structure or portion thereof that existed lawfully,
whether by variance or otherwise, on the effective date of this Chapter
or any amendment thereto and which fails to conform to one (1) or
more of the applicable regulations of this Chapter or any amendment
thereto.
A lot of record that existed lawfully, whether by variance
or otherwise, on the effective date of the adoption of this Chapter
or any amendment thereto but because of such adoption or amendment
of this Chapter fails to conform to the applicable area, width, depth
or other regulations related to lot dimension of this Chapter as amended.
A land use that existed lawfully, whether by variance or
otherwise, on the effective date of this Chapter or any amendment
thereto and which fails to conform to one (1) or more of the applicable
regulations of this Chapter or any amendment thereto.
A division or resubdivision of a tract into more than one
(1) lot, plat or site for commercial or industrial purposes.
An all-weather, dust-free penetration asphalt, asphaltic
concrete or concrete surface.
A firm, organization, association, partnership, trust, company,
corporation or governmental entity or official, as well as an individual.
Living plants which include trees, shrubs, ground cover,
turf and vines which are suitable for ornamental and/or functional
use.
Preliminary drawing(s), maps or supportive material indicating
the proposed layout of a subdivision to be proposed to the Planning
and Zoning Commission.
A lot together with all the buildings and uses thereon.
A flat contiguous exterior surface that prevents erosion,
is constructed of brick, block, pavers, asphaltic or Portland cement
concrete, and has a slope ratio not greater than 1:12.
[Ord. No. 3194, 6-2-2020]
An office (other than a service office and other than an
office for care and/or treatment of or medical attention to animals
as distinguished from persons) for the practice of professions, such
as the offices of physicians, dentists, attorneys-at-law, architects,
engineers, artists, musicians, teachers, accountants and others who
through training are qualified to perform services of a professional
nature or the offices of a governmental agency; and where there is
no storage, sale or display of general merchandise on the premises.
A plat which has endorsed upon it, by the hand of the City
Clerk of the City of Pacific, approval of the Board of Aldermen and
the following:
Vehicular unit mounted on wheels, designed to provide temporary
living quarters for recreational camping or travel use and of such
size and weight as to not require special highway movement permits
when drawn by a motorized vehicle.
A dedication of land to be used generally for streets, alleys
or other public uses wherein the owner gives up his/her rights of
ownership to the property. "Right-of-way" is also
a land measurement term meaning the distance between lot property
lines which generally includes not only any street pavement but also
any sidewalk, grass area and utilities.
Screening shall consist of fencing constructed of cedar,
redwood or other durable wood or masonry walls or steel chain link
fence with wood or vinyl slats. For the purpose of this Chapter, a
screen shall be opaque to a height of six (6) feet above the ground
surface.
A device, label or insignia issued by the Missouri Public
Service Commission, U.S. Department of Housing and Urban Development
or its agent to be displayed on the exterior of the manufactured home
to evidence compliance with applicable codes.
The distance in linear feet measured on a horizontal plane
from the lot line to a building or structure on the lot.
A one- or two-family residence, a portion of which may be used for temporary guest accommodations, in which travelers are lodged for sleeping purposes for compensation, with or without a morning meal provided, but with no food service for compensation except for overnight guests. To qualify as a short-term rental facility, such facility shall be granted a business license, commercial occupancy permit, and shall comply with the provisions of Section 605.050, as amended, pertaining to the tax on sleeping rooms in the City of Pacific.
[Ord. No. 3195, 6-2-2020]
A self-supporting woody plant which normally reaches a height
of less than fifteen (15) feet.
A concrete walkway located in the public right-of-way intended
to provide safe and convenient pedestrian access.
The rate of deviation of the ground surface from the horizontal
surface, as expressed in percentages.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
A general term denoting a public or private way for the purpose
of vehicular travel. The street shall be considered public if it has
been legally dedicated and accepted as stated by law.
A street designed or utilized primarily for high vehicular
speeds or for heavy volumes of traffic on a continuous route, with
intersections at grade and which may have direct access to abutting
properties and on which geometric design and traffic control measures
are used to expedite the safe movement of through traffic.
A street which carries or is proposed to carry intermediate
volumes of traffic from major thoroughfares to minor streets and which
may or may not be continuous.
A street having only one (1) end open for vehicular traffic.
A street used primarily for access to abutting properties
providing for minimum speeds and traffic volumes.
See "BUILDING".
See "DEVELOPER".
The division or redivision of land into two (2) or more lots,
tracts, sites or parcels for the purpose of transfer of ownership
or for development or for the dedication of public or private rights-of-way.
A tract of land consisting of three (3) acres or less of
land proposed for subdivision into four (4) or less lots, and which
does not require construction or extension of public improvements.
[Ord. No. 3194, 6-2-2020]
An insurance company qualified and acting under the provisions
of Chapter 379, RSMo., and which is approved by the City.
Commonly referred to as "tattoo parlors," means any establishment
in which the act or practice of marking the human skin with patterns,
pictures, legends or words by making punctures in it and inserting
pigments is conducted.
[Ord. No. 3365, 2-21-2023]
Refers to any methods of placing designs, letters, scrolls,
figures, symbols, or any other marks upon or under the skin with ink
or any other substance resulting in the coloration of the skin by
the aid of needles or any other instruments designed to touch or puncture
the skin.
[Ord. No. 3365, 2-21-2023]
A corporation qualified and acting under the Missouri Title
Insurance Law or a corporation which is an issuing agency for an insurance
company insuring land titles.
An area or parcel of land which developers intend to subdivide
and improve or to cause to be subdivided and improved pursuant to
the requirements of this Chapter.
A self-supporting woody plant which normally reaches a height
of more than fifteen (15) feet.
That portion of a tree remaining imbedded in and projecting
from the earth after its trunk has been severed.
Ground cover composed of one (1) or more species of perennial
grass which is grown as a permanent lawn.
Any open space located on the same lot with a building or
structure, unoccupied and unobstructed from the ground up, except
for any accessory buildings or projections as are permitted on the
lot.
A yard extending across the full width of the lot between
the front lot line and the nearest line or point of the building.
A yard extending across the full width of the lot between
the rear lot line and the nearest line or point of the building.
A yard extending across the full depth of the lot between
a side lot line and the nearest line or point of the building.
