[Ord. No. 2327 §1, 3-18-2003]
In order to classify and regulate the location of businesses,
trades, industries, residences and other land uses and the location
of buildings designed for specific uses; to regulate and limit the
height and bulk of buildings hereafter erected, reconstructed or altered;
to regulate and limit the intensity of the use of lot areas; and to
regulate and determine the area of yards, courts and other open spaces
within and surrounding such buildings; the City of Pacific is hereby
divided into twelve (12) districts:
Use Classification
|
Short Name
|
Zoning District
|
---|
Non-Urban
|
"NU"
|
Non-Urban District
|
Residential
|
"R1-E"
|
Single-Family Estate District
|
"R1-H"
|
Single-Family Hillside District
|
"R1-A"
|
Single-Family District
|
"R1-B"
|
Single-Family District
|
"R1-C"
|
Single-Family District
|
"R-2"
|
Two-Family District
|
"R-3"
|
Multiple-Family District
|
Commercial
|
"C-1"
|
Downtown Commercial District
|
"C-2"
|
Arterial Commercial District
|
Industrial
|
"M-1"
|
Light Industrial District
|
"M-2"
|
Heavy Industrial District
|
Mixed Use
|
"PUD"
|
Planned Unit Overlay District
|
[Ord. No. 2327 §1, 3-18-2003]
A. This
district is composed of those areas of the City, the principal use
of which is and ought to be agricultural and single-family dwellings
on large sized lots.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
1. Agricultural, farming, dairy, stock raising, including poultry raising,
orchards, nurseries, greenhouses, truck gardens, raising birds, bees,
rabbits and other animals, fish and other creatures and other agricultural
activities, including single-family, detached dwellings, barns and
incidental buildings commonly required for the operation of a farm,
including the sale of products produced on the premises. Pole barn-type
structures shall be allowed only in "NU" Non-Urban Districts.
3. Kennel and veterinary establishment, but not nearer than seven hundred
fifty (750) feet to any zoned residential district or dwelling other
than the dwelling of the lessee or owner of the site.
4. Grain elevator and the usual accessory structures, including buildings
for seasonal or temporary storage of grain.
5. Park, playground and community building owned or operated by a public
agency.
6. Private club, lodge, recreational building, including such structures
and uses as are necessary for their operation excepting, however,
those the chief activity of which is a service customarily carried
on as a business.
7. Public school, elementary and high, or private school having a curriculum
similar to that ordinarily given in a public elementary school or
public high school including religious instruction in parochial schools.
8. Public and private forest and wildlife reservation.
10. Single-family, detached dwelling.
11. Accessory building or use customarily incidental to the above uses,
but not including the conduct of a business.
12.
Marijuana cultivation facility (outside).
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section
405.040 of this Title subject to such other restrictions and conditions as deemed necessary:
2. Gun clubs, skeet or trap shoots, outdoor target and archery ranges.
3. Penal or correctional facilities.
4. Recreation vehicle and travel trailer camps.
5. Short-term vacation rentals.
[Ord. No. 3195, 6-2-2020]
6. Any other use deemed appropriate by both the Zoning Officer and the
City Administrator/Clerk and approved by the Planning and Zoning Commission
and the Board of Aldermen.
D. Bulk Regulations. The following regulations shall apply
in all "NU" Non-Urban Districts.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Single-family dwellings shall be located on lots containing
an area of not less than three (3) acres.
|
Minimum Lot Width
|
The minimum lot width shall be two hundred twenty-five (225)
feet at the building line.
|
Maximum Lot Coverage
|
The maximum lot coverage shall not exceed thirty percent (30%).
|
Yard/Setback
|
Front
|
Not less than fifty (50) feet from the right-of-way
|
Side
|
Not less than thirty (30) feet except in the case of a corner
lot where the side yard on the street side shall not be less than
fifty (50) feet
|
Rear
|
Not less than fifty (50) feet
|
Special
|
Where livestock is raised or kept, no structure or storage of
hay, feed or manure shall be located less than one hundred (100) feet
from a property line.
|
Maximum Height
|
Dwelling or non-farm building or structure
|
Forty (40) feet
|
General or specialized farm building or structures
|
Fifty (50) feet
|
Minimum Floor Area
|
n/a
|
E. Sewer. Where a use is not connected to a public sewer, the
plan for on-site disposal shall be sufficient to meet current health
standards and shall be accompanied by an engineer's report, by a registered
engineer, stating such sufficiency. Any on-site disposal plan and
report shall require the review and approval of the Commissioner of
Public Works upon application for a building permit.
F. Supplemental Regulations. As set forth in Article
III of this Chapter.
G. Signs. As set forth in Chapter
425 of this Title.
H. Minimum Floor Area. One thousand three hundred (1,300) square
feet of floor area consisting only of those floor areas that intersect
the outer walls of the dwelling exclusively above grade.
[Ord. No. 2327 §1, 3-18-2003]
A. This
district is composed of those areas of the City, the principal use
of which is and ought to be single-family dwellings on larger size
lots. The regulations of this district are designed to create and
preserve a predominantly suburban character shown in larger lot sizes,
lower densities and other regulations.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
1. Single-family detached dwellings.
C. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Twenty thousand (20,000) square feet
|
Minimum Lot Width
|
One hundred (100) feet
|
Maximum Lot Coverage
|
The maximum lot coverage shall not exceed thirty percent (30%).
|
Yard/Setback
|
Front
|
Each lot upon which a dwelling is constructed shall have a front
yard of not less than fifty (50) feet. When a lot has double frontage,
the required front yard shall be provided on both streets.
|
Side
|
On each lot upon which a dwelling is constructed, there shall
be a side yard on each side of the dwelling of at least twelve (12)
feet.
|
Rear
|
Every lot or parcel of land upon which a building is constructed
shall have a rear yard of not less than twenty (20) feet.
|
Maximum Height
|
No more than two (2) stories; up to a maximum height of forty
(40) feet, measured from the grade at the front door threshold of
such building or structure.
|
Minimum Floor Area
|
One thousand three hundred (1,300) square feet of floor area,
consisting only of those floor areas that intersect the outer walls
of the dwelling exclusively above grade.
|
D. Supplemental Regulations. As set forth in Article
III of this Chapter.
E. Signs. As set forth in Chapter
425 of this Title.
F. Conditional
Use Regulations.
[Ord. No. 3195, 6-2-2020]
1. Short-term vacation rentals.
[Ord. No. 2327 §1, 3-18-2003]
A. This
district is composed of the hillside areas of Pacific, the principal
use of which is and ought to be single-family dwellings. The regulations
in this district are designed to minimize soil and slope instability,
erosion, sedimentation and water runoff and to protect the water quality
and natural character of the hillside areas.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
1. Single-family detached dwellings.
C. Density Requirements.
1. In a Residential Hillside District, overall density shall be based
upon the average slope of the land to be developed in accordance with
the following table:
Category
|
% of Slope
|
Density
|
---|
A
|
0 — 15
|
1 dwelling unit per acre
|
B
|
16 — 25
|
1 dwelling unit per 2 acres
|
C
|
26 — 35
|
1 dwelling unit per 4 acres
|
D
|
36 and over
|
1 dwelling unit per 5 acres
|
For the purpose of this Section, the average slope of the land
to be developed shall be determined according to the following formula:
|
S = .0023IL/A
|
S is the average slope in percent.
I is the contour interval in feet.
L is the combined length in feet of the contour
lines within the land to be developed.
A is the area in acres of the land to be developed.
|
|
USGS seven and one-half (7½) minute quadrangle mapping
(with a maximum of ten (10) foot contour intervals and enlarged to
one (1) inch equals one thousand (1,000) feet if available) shall
serve as the standard criteria for determining slope categories. As
an alternative to using the published maps, specific mapping by a
professional land surveyor, with contour intervals of ten (10) feet
or less, may be submitted. Such mapping shall be certified as having
contours based on an actual field survey and the contours shall be
tied to the National Geodetic Vertical Datum.
|
2. Nothing in this Section precludes creating one (1) lot, tract or
parcel of any size in addition to those proposed for dwelling construction
if such lot, tract or parcel is identified as permanent non-buildable
open area owned in common by, and for the enjoyment of, individual
owners within the development.
D. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
One (1) acre (subject to additional density requirements above)
|
Minimum Lot Width
|
In the area proposed for dwelling construction, the width shall
be a minimum of seventy (70) feet and equal to at least twenty-five
percent (25%) of the depth of the lot.
|
Maximum Lot Coverage
|
Twenty percent (20%) of the lot area.
|
Yard/Setback
|
Front
|
Each lot upon which a dwelling is constructed shall have a front
yard of not less than twenty-five (25) feet.
|
Side
|
On each lot upon which a dwelling is constructed, there shall
be a side yard on each side of at least twenty-five (25) feet.
|
Rear
|
Every lot or parcel of land upon which a building is constructed
shall have a rear yard of not less than twenty-five (25) feet.
|
Maximum Height
|
No more than two (2) stories; up to a maximum height of forty
(40) feet, measured from the grade at the front entrance of such building
or structure.
|
Minimum Floor Area
|
One thousand three hundred (1,300) square feet of floor area,
consisting only of those floor areas that intersect the outer walls
of the dwelling exclusively above grade.
|
E. Supplemental Regulations. As set forth in Article
III of this Chapter.
F. Signs. As set forth in Chapter
425 of this Title.
G. Conditional
Use Regulations.
[Ord. No. 3195, 6-2-2020]
1. Short-term vacation rentals.
[Ord. No. 2327 §1, 3-18-2003]
A. This
district is composed of those areas of the City, the principal use
of which is and ought to be single-family dwellings on moderately
sized lots. The regulations of this district are designed to create
and preserve a predominantly urban character reflected in smaller
lot sizes and higher densities.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
1. Single-family detached dwellings, including modular type.
2. Park, playground or community building owned or operated by a public
agency.
3. Public school, either elementary or high, or private school having
a curriculum similar to that ordinarily given in a public elementary
school or public high school including religious instruction in parochial
schools.
4. Church or similar house of worship.
C. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Seven thousand five hundred (7,500) square feet
|
Minimum Lot Width
|
Eighty (80) feet
|
Maximum Lot Coverage
|
Thirty percent (30%) of the lot area
|
Yard/Setback
|
Front
|
Each lot upon which a dwelling is constructed shall have a front
yard of not less than twenty-five (25) feet and an additional one
(1) foot setback for every two (2) feet of building height over twenty-five
(25) feet. When a lot has double frontage, the required front yard
shall be provided on both streets.
|
Side
|
On each lot upon which a dwelling is constructed, there shall
be a side yard on each side of at least ten (10) feet.
|
Rear
|
Every lot or parcel of land upon which a building is constructed
shall have a rear yard of not less than twenty (20) feet.
|
Maximum Height
|
No more than two (2) stories; up to a maximum height of forty
(40) feet, measured from the grade at the front entrance of such building
or structure.
|
Minimum Floor Area
|
One thousand (1,000) square feet of floor area, consisting only
of those floor areas that intersect the outer walls of the dwelling
exclusively above grade.
|
D. Supplemental Regulations. As set forth in Article
III of this Chapter.
E. Signs. As set forth in Chapter
425 of this Title.
F. Conditional
Use Regulations.
[Ord. No. 3195, 6-2-2020]
1. Short-term vacation rentals.
[Ord. No. 2327 §1, 3-18-2003]
A. This
district is composed of those areas of the City, the principal use
of which is and ought to be single-family dwellings on moderately
sized lots. The regulations of this district are designed to create
and preserve a predominantly urban character shown in smaller lot
sizes, higher densities and other regulations.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
1. Single-family detached dwellings, including modular type.
2. Park, playground or community building owned or operated by a public
agency.
3. Public school, either elementary or high, or private school having
a curriculum similar to that ordinarily given in a public elementary
school or public high school including religious instruction in parochial
schools.
4. Church or similar house of worship.
C. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Ten thousand (10,000) square feet
|
Minimum Lot Width
|
Eighty (80) feet
|
Maximum Lot Coverage
|
Thirty percent (30%) of the lot area
|
Yard/Setback
|
Front
|
Each lot upon which a dwelling is constructed shall have a front
yard of not less than twenty-five (25) feet and an additional one
(1) foot setback for every two (2) feet of building height over twenty-five
(25) feet. When a lot has double frontage, the required front yard
shall be provided on both streets.
|
Side
|
On each lot upon which a dwelling is constructed, there shall
be a side yard on each side of at least twelve (12) feet.
|
Rear
|
Every lot or parcel of land upon which a building is constructed
shall have a rear yard of not less than twenty (20) feet.
|
Maximum Height
|
No more than two (2) stories; up to a maximum height of forty
(40) feet, measured from the grade at the front entrance of such building
or structure.
|
Minimum Floor Area
|
One thousand one hundred (1,100) square feet of floor area,
consisting only of those floor areas that intersect the outer walls
of the dwelling exclusively above grade.
|
D. Supplemental Regulations. As set forth in Article
III of this Chapter.
E. Signs. As set forth in Chapter
425 of this Title.
F. Conditional
Use Regulations.
[Ord. No. 3195, 6-2-2020]
1. Short-term vacation rentals.
[Ord. No. 2327 §1, 3-18-2003]
A. This
district is composed of those areas of the City, the principal use
of which is and ought to be single-family dwellings on moderately
sized lots. The regulations of this district are designed to create
and preserve a predominantly urban character shown in smaller lot
sizes, higher densities and other regulations.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
1. Single-family detached dwellings, including modular type.
2. Park, playground or community building owned or operated by a public
agency.
3. Public school, either elementary or high, or private school having
a curriculum similar to that ordinarily given in a public elementary
school or public high school including religious instruction in parochial
schools.
4. Church or similar house of worship.
C. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Twelve thousand (12,000) square feet
|
Minimum Lot Width
|
Ninety (90) feet
|
Maximum Lot Coverage
|
Thirty percent (30%) of the lot area
|
Yard/Setback
|
Front
|
Each lot upon which a dwelling is constructed shall have a front
yard of not less than thirty (30) feet and an additional one (1) foot
setback for every two (2) feet of building height over twenty-five
(25) feet. When a lot has double frontage, the required front yard
shall be provided on both streets.
|
Side
|
On each lot upon which a dwelling is constructed, there shall
be a side yard on each side of at least twelve (12) feet.
|
Rear
|
Every lot or parcel of land upon which a building is constructed
shall have a rear yard of not less than twenty (20) feet.
|
Maximum Height
|
No more than two (2) stories; up to a maximum height of forty
(40) feet, measured from the grade at the front entrance of such building
or structure.
|
Minimum Floor Area
|
One thousand two hundred (1,200) square feet of floor area,
consisting only of those floor areas that intersect the outer walls
of the dwelling exclusively above grade.
|
D. Supplemental Regulations. As set forth in Article
III of this Chapter.
E. Signs. As set forth in Chapter
425 of this Title.
F. Conditional
Use Regulations.
[Ord. No. 3195, 6-2-2020]
1. Short-term vacation rentals.
[Ord. No. 2327 §1, 3-18-2003]
A. This
district is composed of those areas, the principal use of which is
and ought to be two-family dwellings on moderately sized lots. The
regulations of this district are designed to create and preserve a
predominantly urban character reflected in lot sizes, higher densities
and other requirements.
B. Permitted Use Regulations. A building or premises shall
be used for only the following purposes:
2. Park, playground or community building owned or operated by a public
agency.
3. Public school, either elementary or high, or private school having
a curriculum similar to that ordinarily given in a public elementary
school or public high school including religious instruction in parochial
schools.
4. Church or similar house of worship including its religious or charitable
outreach facilities, provided such are located on the same or an adjoining
parcel. In the case of child or adult day care facilities, no more
than fifteen (15) children or adults shall be provided care at one
time.
C. Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section
405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
1. Group homes as set forth in Section
400.250 of this Chapter.
2. Short-term vacation rentals.
[Ord. No. 3195, 6-2-2020]
3. Any other use deemed appropriate by both the Zoning Officer and the
City Administrator/Clerk and approved by the Planning and Zoning Commission
and the Board of Aldermen.
D. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Fourteen thousand (14,000) square feet
|
Minimum Lot Width
|
One hundred (100) feet
|
Maximum Lot Coverage
|
Thirty percent (30%) of the lot area
|
Yard/Setback
|
Front
|
Each lot upon which a dwelling is constructed shall have a front
yard of not less than twenty-five (25) feet and an additional one
(1) foot setback for every two (2) feet of building height over twenty-five
(25) feet. When a lot has double frontage, the required front yard
shall be provided on both streets.
|
Side
|
On each lot upon which a dwelling is constructed, there shall
be a side yard on each side of at least ten (10) feet.
|
Rear
|
Every lot or parcel of land upon which a building is constructed
shall have a rear yard of not less than twenty (20) feet.
|
Maximum Height
|
No more than two (2) stories; up to a maximum height of forty
(40) feet, measured from the grade at the front door threshold of
such building or structure.
|
E. Supplemental Regulations. As set forth in Article
III of this Chapter.
F. Signs. As set forth in Chapter
425 of this Title.
[Ord. No. 2327 §1, 3-18-2003]
A. This
district is composed of those areas, the principal use of which is
and ought to be multiple-family dwellings. The regulations of this
district are designed to create and preserve a predominantly urban
character reflected in permitted uses and higher densities.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
1. Apartment house, containing three (3) or more units.
2. Park, playground or community building owned or operated by a public
agency.
3. Public school, either elementary or high, or private school having
a curriculum similar to that ordinarily given in a public elementary
school or public high school including religious instruction in parochial
schools.
4. Church or similar house of worship, including religious or charitable
outreach facilities.
5. Housing for senior citizens, including all levels of nursing care.
6. Child and adult day care facility.
7. Child residential treatment facility.
C. Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section
405.040 of this Title, subject to such other restrictions and conditions contained in Section
400.240 of this Chapter and as otherwise deemed necessary:
2. Short-term vacation rentals.
[Ord. No. 3195, 6-2-2020]
3. Any other use deemed appropriate by both the Zoning Officer and the
City Administrator/Clerk and approved by the Planning and Zoning Commission
and the Board of Aldermen.
D. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Twenty thousand (20,000) square feet
|
Minimum Lot Width
|
One hundred (100) feet
|
Maximum Lot Coverage
|
The amount of gross site area covered by buildings and structures,
surface parking and pavement for automobile circulation shall not
exceed seventy-five percent (75%).
|
Yard/Setback
|
Front
|
Each lot upon which a dwelling is constructed shall have a front
yard of not less than thirty-five (35) feet. When a lot has double
frontage, the required front yard shall be provided on both streets.
|
Side
|
On each lot upon which a dwelling is constructed, there shall
be a side yard on each side of at least ten (10) feet.
|
Rear
|
Every lot or parcel of land upon which a building is constructed
shall have a rear yard of not less than thirty (30) feet and ten (10)
feet for each additional story above two (2) stories.
|
Maximum Height
|
No more than two (2) stories; up to a maximum height of forty
(40) feet, measured from the grade at the front door threshold of
such building or structure.
|
E. Supplemental Regulations. As set forth in Article
III of this Chapter.
F. Signs. As set forth in Chapter
425 of this Title.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2384 §1, 5-18-2004; Ord.
No. 2392 §1, 6-15-2004; Ord. No. 2482 §1, 12-6-2005; Ord.
No. 2834 §1, 6-6-2012]
A. This district is composed of those areas of the City, the principal use of which is and ought to be retail sales, banking facilities, office space, personal services and government facilities. Except where a PUD shall be required or shall be otherwise approved as set forth in Section
400.160, this Section establishes the authorized uses and district regulations for the "C-1" District.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
1. Uses permitted in "R-1" and "R-3" zoning districts, provided that
residential uses within the same property or structure as authorized
commercial uses in this district shall be limited to one (1) single-family
dwelling use and require an approved site plan, unless otherwise expressly
permitted by planned use ordinance.
2. Stores in which beverages, pharmaceuticals, household supplies and
personal use items are sold at retail.
3. Retail service establishments, including:
a. Barbershops and beauty shops.
c. Dry cleaning pickup stations, including plants or laundry facilities.
f. Custom dressmaking and tailoring.
j. Opticians and optometrists.
k. Licensed and certified massage therapists operating in or from a
hospital, nursing home, sanitaria, barbershop or beauty shop with
barbers and beauticians duly licensed by the State or athletic trainers
working under the direction and control of such persons.
4. Grocery stores, delicatessens and specialty food sales.
5. Bakeries, restricting the processing or bakery goods to those for
sale only on the premises.
6. Household appliance sales and repair.
7. Home and office furniture and furnishings sales and repair, including
antiques and interior decoration.
8. Pet shops, pet sales, food and supplies.
9. Lawn equipment sales and services, garden supplies.
10. Hardware, paint, glass or wallpaper sales.
11. Medical or dental clinic or laboratory.
12. Printing, lithography and publishing, including office duplicating.
13. Offices of a business, institutional, government, professional and
medical nature.
14. Assembly halls and private clubs, lodges or organizations of a fraternal
or religious nature.
15. Undertaking establishments and funeral parlors.
16. Radio, television broadcasting studios.
17. Private or public schools.
18. Churches and similar houses of worship.
19. Banking facilities including separate, freestanding drive-in facilities.
20. Publicly owned and operated facilities of an administrative, recreational,
transportation, public safety maintenance, storage or service nature.
21. Child and adult day care centers.
22. Legally existing single-family dwellings.
23. Legally existing single-family attached dwellings.
24. Mixed residential and commercial uses within legally existing commercial
buildings.
25. Convenience stores, including stores selling non-convenience items
in addition to convenience store items.
26. Equipment rental businesses that required outdoor storage that does
not exceed the allowable lot coverage (80%).
28. Fruit and vegetable stands, outdoors.
29. Gasoline service station.
31.
Marijuana dispensary facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
32. Short-term vacation rentals shall be a permitted use in the following
areas:
[Ord. No. 3195, 6-2-2020]
a. "C-1" Downtown Commercial Zoning District.
b. Any area outside the "C-1" Zoning District that is located within
the area bounded by Osage Street to the north, Fourth Street to the
west and Neosho Street to the east.
33. Massage establishments and outcall massage services, in accordance with Chapter
645 of the Municipal Code of the City of Pacific.
[Ord. No. 3365, 2-21-2023]
34. Tattoo establishments.
[Ord. No. 3365, 2-21-2023]
The construction or reconstruction of more than fifty percent
(50%) of any primary structure within the "C-1" Downtown Commercial
District shall require a Planned Unit Development designation.
|
C. Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section
405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
1. Sales and service of new or used automobiles, trucks, trailers, motorcycles
and other vehicles, including the sale of new and used parts, vehicle
body and mechanical repair, vehicle washing and detail cleaning and
vehicle towing and storage.
2. Equipment rental businesses that require outdoor storage. (Exceeding
allowable lot coverage.)
4. Group homes limited to eight (8) persons in treatment.
5. Gun clubs, skeet or trap shoots, outdoor target and archery ranges.
6. Hospitals, urgent care facilities, clinics and blood donation centers.
7. Kennels, animal hospitals, veterinary clinics.
10. Nightclubs and cocktail lounges, taverns.
11. Pawnshops, in accordance with Chapter
610 of the Municipal Code of the City of Pacific.
12. Poolrooms, billiard halls, in accordance with Chapter
615 of the Municipal Code of the City of Pacific.
13. Recreational and athletic fields and facilities, both indoor and
outdoor, where alcoholic beverages are served.
14. Recycling facilities, including refuse truck depots and refuse transfer
stations.
15. Stores selling exclusively or selling among other items books, magazines,
audio tapes, video tapes or paraphernalia which may be deemed as pornographic
by community standards.
17. Any other use deemed appropriate by both the Zoning Officer and City
Administrator/Clerk and approved by the Planning and Zoning Commission
and Board of Aldermen.
D. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Seven thousand five hundred (7,500) square feet
|
Minimum Lot Width
|
One hundred (100) feet
|
Maximum Lot Coverage
|
The amount of gross site area covered by buildings and structures,
surface parking, pavement for automobile circulation or permitted
exterior business services, storage, merchandise display, repair or
processing shall not exceed the following:
|
Office and institutional uses
|
70%
|
Other retail business or commercial uses
|
80%
|
Yard/Setback
|
Front
|
Residential structure:ten (10) feet
Commercial structure:zero (0) feet
|
Side
|
Residential structure:five (5) feet
Commercial structure:zero (0) feet
|
Rear
|
Residential structure:five (5) feet
Commercial structure:zero (0) feet
|
Maximum Height
|
No more than three (3) stories; up to a maximum height of fifty
(50) feet to be measured from the front door threshold.
|
E. Supplemental Regulations. As set forth in Article
III of this Chapter.
F. Signs. As set forth in Chapter
425 of this Title.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2392 §2, 6-15-2004; Ord.
No. 2482 §2, 12-6-2005]
A. This district is composed of those areas of the City, the principal use of which is and ought to be regional commercial and retail centers and entertainment facilities. Except where a PUD shall be required or shall be otherwise approved as set forth in Section
400.160, this Section establishes the authorized uses and district regulations for the "C-2" District.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
2. Movie theaters, bowling alleys and other indoor sports and recreational
facilities.
3. Retail stores generally found in regional shopping facilities, including,
but not limited to:
b. Hobby and sports equipment.
c. Gifts, novelties and jewelry.
h. Dry cleaning pickup stations.
n. Opticians and optometrists.
o. Pet shops, pet sales, food and supplies.
p. Grocery stores, delicatessens and specialty food sales.
q. Bakeries, restricting the processing of bakery goods to those for
sale only on the premises.
r. Household appliance sales and repair.
s. Home and office furniture and furnishings, sales and repair, including
antiques and interior decoration.
t. Lawn equipment sales and services, garden supplies.
u. Hardware, paint, glass or wallpaper sales.
v. Medical or dental clinic or laboratory.
w. Licensed and certified massage therapists operating in and from a
hospital, nursing home, sanitaria, barbershop or beauty shop with
barbers and beauticians duly licensed by the State or athletic trainers
working under the direction and control of such persons.
4. Offices of a business, institutional, professional or medical nature.
7.
Legally existing single-family dwellings.
[Ord. No. 2908 §§ 1 — 2, 7-1-2014]
8.
Marijuana dispensary facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
9. Massage establishments and outcall massage services, in accordance with Chapter
645 of the Municipal Code of the City of Pacific.
[Ord. No. 3365, 2-21-2023]
10. Tattoo establishments.
[Ord. No. 3365, 2-21-2023]
11. Restaurants.
[Ord. No. 3365, 2-21-2023]
The construction or reconstruction of more than fifty percent
(50%) of any primary structure within the "C-2" Arterial Commercial
District shall require a Planning Unit Development designation.
|
C. Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section
405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
1. Sales and service of new or used automobiles, trucks, trailers, motorcycles
and other vehicles, including the sale of new and used parts, vehicle
body and mechanical repair, vehicle washing and detail cleaning and
vehicle towing and storage.
3. Golf driving ranges, miniature golf courses.
4. Hospitals, urgent care facilities, clinics and blood donation centers.
5. Animal hospitals and veterinary clinics.
6. Outdoor recreational and athletic fields and facilities where alcoholic
beverages are served.
7. Recreation vehicle and travel trailer camps.
8. Short-term vacation rentals.
[Ord. No. 3195, 6-2-2020]
9. Any other use deemed appropriate by both the Zoning Officer and City
Administrator/Clerk and approved by the Planning and Zoning Commission
and Board of Aldermen.
D. Bulk Requirements.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Twenty-two thousand (22,000) square feet
|
Minimum Lot Width
|
One hundred (100) feet
|
Maximum Lot Coverage
|
The amount of gross site area covered by buildings and structures,
surface parking and pavement for automobile circulation or permitted
exterior business services, storage, merchandise display, repair or
processing shall not exceed the following:
Office and institutional uses70%
Retail business or commercial uses other
than offices80%
|
Yard/Setback
|
Front
|
Building facades shall be placed a minimum of fifteen (15) feet
and a maximum of fifty (50) feet from the public right-of-way line.
Average front yard distance shall create a consistent line for structures
along the same side of the street within any block.
|
Side
|
Buildings shall have side and rear setbacks a minimum of ten
(10) feet, but if a side and/or rear yard abuts a residential district,
a side and/or rear yard of twenty-five (25) feet shall be provided.
|
Rear
|
Buildings shall have side and rear setbacks a minimum of ten
(10) feet, but if a side and/or rear yard abuts a residential district,
a side and/or rear yard of twenty-five (25) feet shall be provided.
|
Maximum Height
|
No more than three (3) stories; up to a maximum height of fifty
(50) feet to be measured from the front door threshold.
|
E. Supplemental Regulations. As set forth in Article
III of this Chapter.
F. Signs. As set forth in Chapter
425 of this Title.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2482 §3, 12-6-2005]
A. This district is composed of those areas of the City, the principal use of which is and ought to be general office, light manufacturing, warehousing and other limited industrial uses. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, radioactive and other hazards and harmful or obnoxious matter. Except where a PUD shall be required or shall be otherwise approved as set forth in Section
400.160, this Section establishes the authorized uses and district regulations for the "M-1" District.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
2. Building materials store.
10. Wholesale product storage and market.
12. Industrial, manufacturing and repair shops where the scale of operations
and the process of manufacturing or treatment of materials is such
that the amount of dust, odor, gas, smoke or noise resulting therefrom
will not result in a lowering of values and otherwise will not be
objectionable to surrounding commercial, institutional and residential
districts.
13. Gasoline service stations.
14. Where a non-conforming lot exists on the effective date of this amendment,
the following uses will be allowed. The non-conformity of the lot
must deal with the minimum lot size.
a. Uses permitted in "M-1", "C-1", "R1-A" and "R-2" zoning districts.
(1)
No development or structure shall be allowed on "stilts", all
construction shall be on approved footing and foundation. No open
structures shall be permitted. Foundations shall have the appropriate
openings as required by FEMA regulations for the proper flow of floodwater.
(2)
An enclosed garage may be built under an elevated structure
as long as the garage meets the appropriate requirements of the Building
Code and FEMA regulations for the proper flow of floodwater.
b. Conditional use regulations. The Board of Aldermen may authorize the following conditional uses by conditional use permit at provided in Section
405.040 of this Title, subject to such other restrictions and conditions as deemed necessary: the conditional use regulations permitted in the "M-1", "C-1", "R1-A", "R-2" zoning districts.
c. Lot dimensions. The minimum lot dimensions shall be determined by the zoning district in which the use is permitted. Any lot dimensions other than those listed in the zoning district shall be determined by the Planning and Zoning Commission on a site plan review as allowed by Section
405.050. The appropriateness of the zoning district will be determined by the Zoning Officer.
(1)
"M-1" Light Industrial District Regulations:
(a)
Minimum lot area. Ten thousand (10,000) square
feet.
(b)
Minimum lot width. Fifty (50) feet.
(c)
Minimum lot depth. One hundred (100) feet.
(2)
"C-1" Downtown Commercial District Regulations:
(a)
No minimum lot dimensions.
(3)
"R1-A" Single-Family District Regulations:
(a)
Minimum lot area. Seven thousand five hundred
(7,500) square feet.
(4)
"R-2" Two-Family District Regulations:
(a)
Minimum lot area. Fourteen thousand (14,000)
square feet.
d. Maximum site coverage.
(1)
"M-1" Light Industrial District Regulations:
(a)
The amount of gross site area covered by buildings and structures,
surface, parking, pavement for automobile circulation or permitted
exterior business services, storage, merchandise display, repair or
processing shall not exceed eighty-five percent (85%).
(2)
"C-1" Downtown Commercial District Regulations:
(3)
"R1-A" Single-Family District Regulations:
(4)
"R-2" Two-Family District Regulations:
e. Maximum structure height.
(1)
"M-1" Light Industrial District Regulations:
(a)
No more than three (3) stories; up to a maximum height of fifty
(50) feet to be measured from the front door threshold.
(b)
"C-1" Downtown Commercial District Regulations:
(2)
"R1-A" Single-Family District Regulations:
(3)
"R-2" Two-Family District Regulations:
f. Yard areas and setback requirements.
(1)
"M-1" Light Industrial District Regulations:
(a)
Front yard. Each yard upon which a building
is constructed shall have a front yard of not less that twenty-five
(25) feet on all sides abutting a street, except that when located
adjacent to an arterial street, there shall be a setback of seventy-five
(75) feet from the street centerline, the greater distance shall be
provided.
(b)
Side yard. No minimum requirement, but if a
side yard abuts a residential district, a side yard of twenty-five
(25) feet shall be provided.
(c)
Rear yard. No minimum requirement, but if a
side yard abuts a residential district, a side yard of twenty-five
(25) feet shall be provided.
(2)
"C-1" Downtown Commercial District Regulations:
(a)
Front yard. Zero (0) feet.
(b)
Side yard. No minimum requirement, but if a
side yard abuts a residential district, a side yard of twenty-five
(25) feet shall be provided.
(c)
Rear yard. No minimum requirement, but if a
side yard abuts a residential district, a side yard of twenty-five
(25) feet shall be provided.
(3)
"R1-A" Single-Family District Regulations:
(a)
Front yard. Each lot upon which a dwelling
is constructed shall have a front yard of not less than twenty-five
(25) feet and an additional one (1) foot setback for every two (2)
feet of building height over twenty-five (25) feet. When a lot has
double frontage, the required front yard shall be provided on both
streets.
(b)
Side yard. On each lot upon which a dwelling
is constructed, there shall be a side yard on each side of at least
ten (10) feet.
(c)
Rear yard. Every lot or parcel of land upon
which a building is constructed shall have a rear yard of not less
than twenty (20) feet.
(4)
"R-2" Two-Family District Regulations:
(a)
Front yard. Each lot upon which a dwelling
is constructed shall have a front yard of not less than twenty-five
(25) feet and an additional one (1) foot setback for every two (2)
feet of building height over twenty-five (25) feet. When a lot has
double frontage, the required front yard shall be provided on both
streets.
(b)
Side yard. On each lot upon which a dwelling
is constructed, there shall be a side yard on each side of at least
ten (10) feet.
(c)
Rear yard. Every lot or parcel of land upon
which a building is constructed shall have a rear yard of not less
than twenty (20) feet.
g. Minimum floor area.
(1)
"M-1" Light Industrial District Regulations:
(2)
"C-1" Downtown Commercial District Regulations:
(3)
"R1-A" Single-Family District Regulations:
(a)
One thousand (1,000) square feet of floor area consisting only
of those floor areas that intersect the outer walls of the dwelling
exclusively above grade.
(4)
"R-2" Two-Family District Regulations:
h. Performance standards. Every use of land or building
shall operate in conformity with the performance standards listed
in the appropriate zoning district.
i. Supplemental regulations. As set forth in Article
III of this Chapter.
j. Signs. As set forth in Chapter
425 of this Title.
15.
Any other use of the same general nature and character of the
above uses, as determined by the Planning and Zoning Commission and
approved by the Board of Aldermen.
[Ord. No. 3014 § 1, 4-18-2017]
C. Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section
405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
1. Sales and service of new or used automobiles, trucks, trailers, motorcycles
and other vehicles, including the sale of new and used parts, vehicle
body and mechanical repair, vehicle washing and detail cleaning and
vehicle towing and storage.
3. Equipment rental businesses that require outdoor storage.
4. Golf driving ranges, miniature golf courses.
5. Gun clubs, skeet or trap shoots, outdoor target and archery ranges.
6. Animal hospitals and veterinary clinics.
7. Correctional facilities or treatment facilities for psychiatric,
alcohol or chemical abuse patients.
8. Recreational and athletic fields and facilities, both indoor and
outdoor, where alcoholic beverages are served.
9. Recycling facilities, including refuse truck depots and refuse transfer
stations.
10. Establishments manufacturing or storing compost.
11. Any other use deemed appropriate by both the Zoning Officer and City
Administrator/Clerk and approved by the Planning and Zoning Commission
and Board of Aldermen.
12.
Marijuana cultivation facility entirely within an enclosed building.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
13.
Marijuana-infused products manufacturing facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
14.
Marijuana testing facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
D. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Ten thousand (10,000) square feet
|
Minimum Lot Width
|
One hundred (100) feet
|
Minimum Lot Depth
|
One hundred (100) feet
|
Maximum Lot Coverage
|
The amount of gross site area covered by buildings and structures,
surface parking and pavement for automobile circulation or permitted
exterior business services, storage, merchandise display, repair or
processing shall not exceed eighty-five percent (85%).
|
Yard/Setback
|
Front
|
Each lot upon which a building is constructed shall have a front
yard of not less than twenty-five (25) feet on all sides abutting
a street, except when located adjacent to an arterial street, there
shall be a setback of seventy-five (75) feet from the street centerline,
the greater distance shall prevail.
|
Side
|
No minimum requirement, but if a side yard abuts a residential
district, a side yard of fifty (50) feet shall be provided.
|
Rear
|
No minimum requirement, but if a rear yard abuts a residential
district, a rear yard of twenty-five (25) feet shall be provided.
|
Maximum Height
|
No more than three (3) stories; up to a maximum height of fifty
(50) feet to be measured from the front door threshold.
|
E. Performance Standards. Every use of land or building shall
operate in conformity with the following limitations:
2. There shall be no smoke, noise, dust, odor or vibration detectable
beyond the property line.
F. Non-urban uses, as outlined in the "NU" District, shall also be permitted in this "M-1" Light Industrial District, provided all standards of performance in Article
III are met.
G. Supplemental Regulations. As set forth Article
III of this Chapter.
H. Signs. As set forth in Chapter
425 of this Title.
I. Prohibited
Uses.
[Ord. No. 3195, 6-2-2020]
1. Short-term vacation rentals.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2482 §4, 12-6-2005]
A. The "M-2" District is designed for those industrial uses which are apt to have an extensive impact on the surrounding area. If possible, "M-2" Districts should be separated from residential districts by restrictive industrial or commercial zones. Except where a PUD shall be required or shall be otherwise approved as set forth in Section
400.160, this Section establishes the authorized uses and district regulations for the "M-2" District.
B. Permitted Use Regulations. A building or premises shall
be used only for the following purposes:
1. Heavy equipment manufacture.
4. Concrete botching or "ready mix" plant.
5. Contractor's storage yard.
6. Farm implement and machinery sales.
12. Gasoline service station.
13.
Marijuana cultivation facility entirely within an enclosed building.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
14.
Marijuana-infused products manufacturing facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
15.
Marijuana testing facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
C. Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section
405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
1. Sales and service of used automobiles, trucks, trailers, motorcycles
and other vehicles, including the sale of new and used parts, vehicle
body and mechanical repair, vehicle washing and detail cleaning and
vehicle towing and storage.
3. Golf driving ranges, miniature golf courses.
4. Gun clubs, skeet or trap shoots, outdoor target and archery ranges.
5. Kennels, animal hospitals, veterinary clinics.
6. Correctional facilities or treatment facilities for psychiatric,
alcohol or chemical abuse patients.
7. Recreational and athletic fields and facilities, both indoor and
outdoor, where alcoholic beverages are served.
8. Recycling facilities, including refuse truck depots and refuse transfer
stations.
9. Waste processing facilities of human or animal remains, waste transfer
stations and waste disposal facilities, including chemical disposal.
10. Adult entertainment use. No adult entertainment
use shall be permitted except in the "M-2" District, located no closer
than one thousand two hundred (1,200) feet from any school, church
or residential use and, except as may be permitted by law, shall be
permitted only with a Planned Unit District Overlay.
D. Bulk Regulations.
Bulk Regulations for Individual Lots
|
---|
Minimum Lot Area
|
Twenty thousand (20,000) square feet
|
Minimum Lot Width
|
Fifty (50) feet
|
Minimum Lot Depth
|
One hundred (100) feet
|
Maximum Lot Coverage
|
The amount of gross site area covered by buildings and structures,
surface parking and pavement for automobile circulation or permitted
exterior business services, storage, merchandise display, repair or
processing shall not exceed eighty percent (80%).
|
Yard/Setback
|
Front
|
Each lot upon which a building is constructed shall have a front
yard of not less than twenty-five (25) feet on all sides abutting
a street, except when located adjacent to an arterial street, there
shall be a setback of fifty (50) feet from the public right-of-way
line.
|
Side
|
No minimum requirement, but if a side yard abuts a residential
district, a side yard of fifty (50) feet shall be provided.
|
Rear
|
No minimum requirement, but if a rear yard abuts a residential
district, a rear yard of fifty (50) feet shall be provided.
|
Maximum Height
|
No more than three (3) stories; up to a maximum height of fifty
(50) feet to be measured from the front door threshold.
|
E. Performance Standards.
1. Particulate matter. Emission of dirt, dust, fly
ash and other forms of particulate matter shall be in accordance with
U.S. Health Department standards and those of the State of Missouri.
2. Glare and heat. Any operation producing intense
glare or heat shall be performed in an enclosure in such a manner
as to be imperceptible along any lot line.
3. Odor. Every use shall be operated so that no offensive
or objectionable odor is perceptible at any outdoor point on the lot
on which the use is located.
4. Radiation. Every use shall be operated so that there
is no dangerous amount of radioactive emissions.
5. Smoke. Every use shall be operated so that no smoke
shall be emitted from any source at a greater density than the density
described as No. 1 on the Ringlemann Chart as published by the United
States Bureau of Mines or allowable under the laws of the State of
Missouri.
6. Toxic gases. Every use shall be operated so that
there is no emission of toxic, noxious or corrosive fumes or gases.
7. Vibration. Every use shall be operated so that the
maximum ground vibration generated is not perceptible without instruments
at any point on the lot line of the lot on which the use is located.
8. Explosive or incendiary materials. Explosive or
incendiary materials stored or used on premises shall have the approval
of the local fire protection district prior to the approval of the
City of Pacific.
F. Supplemental Regulations. As set forth in Article
III of this Chapter.
G. Signs. As set forth in Chapter
425 of this Title.
H. Prohibited
Uses.
[Ord. No. 3195, 6-2-2020]
1. Short-term vacation rentals.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2395 §§1 —
2, 6-15-2004; Ord. No.
3095, 8-6-2019]
A. This Section is intended to authorize certain new or changed uses of property as well as certain site alterations, as specified herein, if the location and circumstances are appropriate for the use or change under the standards provided in this Section. It is also the intent of this Section to increase the flexibility of development design by authorizing the Board of Aldermen to allow deviations to the underlying district regulations and to require use of this process in certain situations. Approval by the Board of Aldermen of a PUD overlay district as provided herein shall be a legislative act of rezoning and, except as provided herein, subject to the procedural requirements for rezoning set forth in this Code and in Chapter 89 of the Missouri Revised Statutes (2000), as amended. Any ordinance approving a development plan shall be deemed to incorporate the provisions of this Article. The bulk regulations set forth in the underlying zoning as well as specifications set forth in Article
III of this Chapter and those in Section
410.073 may be altered by the Board of Aldermen as part of the PUD process where circumstances require such alteration. Planned Districts are intended to facilitate the following development objectives:
1.
Encourage a mixture of land uses compatible with surrounding
neighborhoods.
2.
Create a variety of housing compatible with surrounding neighborhoods
in terms of density and types of living environment.
3.
Promote flexibility by allowing the placement of more than one
(1) main or primary building on a single lot or parcel.
4.
Encourage large-scale, well-planned development.
B. Underlying District Regulations — Other Regulations, Modifications. The bulk regulations set forth in the underlying zoning specifications set forth in Article
III of this Chapter, subdivision regulations, and other development regulations of the City may be altered by the Board of Aldermen as part of the PUD process where circumstances require such alteration; provided that a PUD ordinance shall not increase the number of lots otherwise permitted under such district regulations. Except as expressly modified by the ordinance approving the PUD, the requirements of the underlying zoning district shall govern.
C. PUD District. A PUD overlay may be requested when an applicant can
clearly provide a narrative and accompanying preliminary development
plan that includes one (1) or any combination of the following design
conditions:
1.
Placement of structures on most-suitable sites with consideration
of maintaining existing site topography, soils, vegetation, slope,
etc.;
2.
Preservation of natural and cultural areas, as well as the creation
of open space through active and passive recreation areas to include
greenways, landscape gardens, plazas, and walking and cycling trails
that serve to connect significant areas and various land uses;
3.
Preservation of existing mature trees and trees deemed extraordinary
by the Director of Planning due to but not limited to the following:
size, type, origin, grouping, or number of;
4.
Enhanced landscaping, deeper and opaque buffers, and increased
planting along public rights-of-way, open space/recreational areas,
and the overall perimeter to protect and ensure compatibility with
adjacent land uses;
5.
Utilization of mixed-use buildings;
6.
Utilization of traditional neighborhood design (TND) techniques
in the layout and spatial organization of the development;
7.
Structures designed and constructed of an architectural vernacular
that exceeds the typical building design and materials within the
City of Pacific;
8.
Segregation of vehicular traffic from pedestrian/bicycle circulation
networks, and other traffic mitigation measures;
9.
Incorporation of transit-oriented development (TOD) or direct
access to public transportation;
10.
Provision of affordable housing;
11.
Utilization of Leadership in Energy and Environmental Design
(LEED) construction practices and development standards and the proposed
LEED certification of buildings and grounds by the United States Green
Building Council within the PUD; and
12.
Inclusion of community facilities and the access thereto.
D. Plan Approval Required — Types Of Planned Districts. It is
the intent of this Chapter that no development or redevelopment of
the property encompassed by the "PD" designation shall take place
until a final development plan has been reviewed and approved in conformance
with the requirements of this Section. All areas of the City designated
"PD" shall be assigned one (1) of the following district classifications
which shall be considered a separate use district and subject to the
specific restrictions and limitations outlined in this Section:
Planned District Overlay Districts
|
Permitted Uses
|
---|
PDR Planned District — Residential
|
Residential district uses only
|
PDC Planned District — Commercial
|
Commercial district uses only
|
PDM Planned District — Manufacturing
|
Manufacturing district uses only
|
MUD Mixed Use District
|
Mixture of residential and non-residential district uses
|
E. Height Restrictions. The total height of any structure shall be limited
by the conditions in the ordinance governing the Planned District.
F. Procedures. A Planned District may be initiated by an application by one (1) or more of the owners of record or owners under contract of a lot or tract of land or their authorized representatives. The Planning and Zoning Commission and the Board of Aldermen may review and approve a Planned District outside the existing City limits contingent upon proper fees as set forth below being paid to the City as well as the prerequisites set forth in this Section being completed, with said approval of the Planned District effective when the property encompassing the Planned District is annexed into the City. Said review shall not eliminate or alter the requirements set forth above or any further requirements of Chapter
400. Procedures for application, review and approval of a Planned District shall be as follows:
1.
Application. An application for a Planned District for a specific
tract of land shall be addressed to the Commission and shall be filed
with the Zoning Officer. The application shall be filed on forms prescribed
for that purpose and be accompanied by the following:
a.
Filing fees as established by the Board of Aldermen.
b.
Legal description of property.
c.
Preliminary development plan as set forth in Section
405.045.
d.
Narrative fully describing the proposed PUD, including proposed
land uses, densities, and any modifications to the underlying zoning
district regulations and development standards.
2.
Planning And Zoning Commission Review. A hearing on the application
for a Planned District shall be held by the Commission. Additional
hearings may be required at the discretion of the Commission.
3.
Recommendation For Approval Or Denial Of Planned District. Within
sixty (60) days of receipt of the Zoning Officer's report, the Commission
shall take action on the Planned District. Commission action shall
consist of one (1) of the following:
a.
Approval. The Commission may recommend approval of the Planned
District as submitted or with amendments. The Zoning Officer shall
prepare the appropriate legislation for consideration by the Board
of Aldermen, including all conditions of the Planned District. In
recommending approval of development conditions, the Commission shall
impose such conditions it determines necessary. Said conditions shall
include, but not be limited to, the following:
(1) Permitted uses, including number of units and/or
maximum square footage of proposed buildings.
(3) Minimum yard requirements.
(4) Off-street parking and loading requirements.
(5) Road and other improvements adjacent to and within
the site.
(8) Minimum requirements for final development plan.
(9) Time Limitations For Commencement Of Construction.
The Commission, at its discretion, may request additional information
at this step, depending on the scale of the development.
b.
Denial. The Commission may recommend denial of the Planned District.
The Zoning Officer shall prepare a report to the Board of Aldermen
indicating the Commission's decision. The developer may appeal the
Commission's denial in accordance with the provisions of this Section.
If no appeal is filed as permitted within the time period established,
the application shall be deemed denied.
c.
Notification. In any case, the developer shall be notified in
writing of the Commission's action.
4.
Board of Aldermen Review.
a.
Public Hearing. Upon receipt by the Board of Aldermen of the Commission's recommendation, the Board of Aldermen shall conduct a public hearing thereon. The public hearing shall be per the requirements of Section
400.260 of the City of Pacific Code of Ordinances.
b.
Within sixty (60) days of receipt of the Commission's recommendation,
the Board of Aldermen shall take action on the Planned District. Board
of Aldermen action shall consist of one (1) of the following:
(1) Approval. The Board of Aldermen may, by majority
vote, approve the Planned Development District and preliminary plan
as recommended by the Commission or approve the plan with amendments
by two-thirds (2/3) majority vote.
(2) Denial procedure. The Board of Aldermen may consider
an appeal filed by the applicant in accordance with procedures described
in this Section. If the denial of the Planned District and preliminary
plan is upheld by the Board of Aldermen, the developer may resubmit
a new plan to the Commission as described in this Section.
5.
Planned District — Effective When. The Planned District
shall become effective upon approval by the Board of Aldermen.
G. Appeal, Protest Or Board Of Aldermen Review Of Commission Decision.
1.
Protest Of The Commission Decision. A protest against a proposed
"PD" may be presented, duly signed and acknowledged by the owners
of thirty percent (30%) or more of the area of the land (exclusive
of streets and alleys) included in such proposed change or within
an area determined by lines drawn parallel to and two hundred fifty
(250) feet distant from the boundaries of the property upon which
the Planned District will be located. A notice of protest must be
filed within ten (10) days following the Commission's decision, be
in writing, filed with the Zoning Officer and accompanied by the signatures
(duly acknowledged) and addresses of the property owners involved.
The notice of protest shall further include a notarized verification
from the person(s) collecting the protestant's signatures that all
signatures are correct and real. The protest shall specifically state
how the application, as initially filed or subsequently modified,
fails to meet the criteria set forth in this Chapter.
[Ord. No. 3384, 8-1-2023]
2.
Appeal Of Recommendation Of Denial. Upon the recommendation
of denial by the Commission of an application, the applicant may file
an appeal with the Board of Aldermen requesting a determination by
that body. A notice of appeal shall be filed within ten (10) days
after the Zoning Officer's report is received by the Board of Aldermen
at a regular meeting. An appeal shall be in writing and shall be filed
in duplicate with the Zoning Officer accompanied by a filing fee as
established by the Board of Aldermen. The applicant shall have an
additional thirty (30) days to file the actual appeal. The appeal
shall specifically state how the application, as initially filed or
subsequently modified, meets the criteria set forth in the regulations.
3.
Board Of Aldermen Decision Upon Appeal Or Protest. In any case,
subsequent to proper notification as described above, the Board of
Aldermen may affirm, reverse, modify, in whole or in part, any determination
of the Commission. Such action shall be taken within thirty (30) days
from receipt of said appeal or protest. In the event of an appeal,
an affirmative vote of two-thirds (2/3) of the Board of Aldermen shall
be required to reverse or modify any recommendation by the Commission.
In the event of a protest, an affirmative vote of two-thirds (2/3)
of the Board of Aldermen shall be required to affirm the determination
of the Commission.
H. Final Development And Improvement Plans. Upon passage by the Board
of Aldermen of an ordinance enacting a Planned District and which
ordinance requires submission of improvement plans and/or a final
development plan, said plan(s) shall be submitted in accordance with
the following provisions. No building permits or authorization for
improvement or development for any use authorized under provisions
of this Section shall be issued prior to approval of such plans.
1.
Final Development Plan/Improvement Plans.
a.
Upon approval of a planned development and corresponding preliminary development plan a final development plan shall be submitted for review and approval to the Zoning Officer in accordance with Section
405.050. In the case of developments consisting of multiple phases, lots and/or plats where a preliminary development plan is required, a final development plan and improvement plans shall be submitted for each individual building, lot, phase or plat representing a portion of the preliminary development plan. The plan(s) shall contain the minimum requirements established in the conditions governing the Planned District. No building permits or authorization for improvement or development for any use requested under the provisions of this Planned District shall be issued prior to approval of such plan(s). The approved plan(s) shall be retained on file in the office of the Zoning Officer.
b.
Final development plans, improvement plans and installation
or guarantee of improvements are not required for phases, lots and/or
plats designated for future development, except that the City may
require such improvements as are necessary to serve the area proposed
for present development. Final development plans and improvement plans
for these improvements shall accompany or be a part of the overall
plan submittal.
c.
If the Planned District is proposed to be developed in phases,
lots and/or plats, the Zoning Officer may require submittal of a development
schedule indicating:
(1) The approximate date when construction of the project
can be expected to begin and an estimated time of completion.
(2) The order in which the phases of the project will
be built. The preliminary development plan, updated to reflect all
structures units and maximum square footage of buildings constructed
or approved for construction, shall be provided with the subsequent
submittal of final development plans/improvement plans for each additional
building, lot, phase or plat representing a portion of the preliminary
development plan. The Zoning Officer shall use this plan to track
existing site development, insuring that the current proposal complies
with the conditions of the ordinance enacting the Planned District
relating to maximum site densities.
(4) Procedure to amend a planned district or final
development plan. The procedure to amend the regulations of a Planned
District or a final development plan shall be the same procedure as
required to establish a Planned District and to approve the final
development plan.
I. Guarantee Of Improvements. After the approval of the final development plans/improvement plans but prior to the issuance of any building permit or permit authorizing the use of the property in question, the developer shall enter into an agreement with the City guaranteeing the completion of all public improvements in accordance with Section
405.050 of the City of Pacific Subdivision Code.
J. Limitations.
1.
Failure To Commence Construction. Unless otherwise stated in
the development conditions, substantial work or construction shall
commence within two (2) years of the effective date of the Planned
District, unless such time period is extended through appeal to and
approval by the Commission. If no extension of time is received or
granted within six (6) months subsequent to the two-year period following
the effective date of the Planned District, the Commission shall review
any changes in the Zoning District Map brought by the proposed development.
If the Commission finds said changes to be inappropriate, the Commission
shall recommend to the Board of Aldermen that the map be revised in
accordance with the procedures for changes and amendments. As used
in this Section, substantial work or construction shall include final
grading for roadways necessary for the first approved plat or phase
of construction and commencement of installation of sanitary and storm
sewers as applicable.
2.
Abandonment. In the event the preliminary development or final
development plans/improvement plans are not submitted within the time
limits specified in the ordinance enacting the Planned District or
a use authorized by a Planned District is abandoned, vacated or not
utilized for a period of two (2) years, the zoning amendment may be
terminated. If no extension of time is received or granted within
six (6) months subsequent to the expiration of the two-year period,
the Commission shall review any changes in the Zoning District Map
brought by the proposed district. If the Commission finds said changes
to be inappropriate, the Commission shall recommend to the Board of
Aldermen that the map be revised in accordance with the procedures
for changes and amendments.
3.
Extension Of Development Schedule. The owner or owners may,
at any time, apply to the Commission for an extension of the development
schedule. Such extension shall be acted upon by the Commission; however,
said extension shall not exceed twelve (12) months in duration.