[Ord. No. 2327 §1, 3-18-2003; Ord. No. 3195, 6-2-2020; Ord. No. 3366, 2-21-2023]
A.
GOODS
HOME-BASED BUSINESS
Definitions. As used in this Section, the following terms mean:
Any merchandise, equipment, products, supplies, or materials.
Any business operated in a residential dwelling that manufactures,
provides, or sells goods or services and that is owned and operated
by the owner or tenant of the residential dwelling.
B.
Authorization. Any home-based business owned or operated by the owner
or tenant of the residential dwelling unit that is "no impact" pursuant
to State law (Sections 71.990 and 89.500, RSMo.), including being
incidental and secondary to the principal use of the residential dwelling
unit, shall be permitted in any such residential dwelling subject
to the provisions set forth herein. Any person who resides in a residential
dwelling may use the residential dwelling for a home-based business
unless such use is restricted by:
C.
Purpose Of Regulation. Home-based businesses shall be regulated so
as to:
1.
Ensure compatibility of home-based businesses with all uses
permitted in the "R1-E," "R1-H," "R1-A," "R1-B," "R1-C," "R-2" and
"R-3" Districts.
2.
Promote the health, safety, and general welfare of residential
neighborhoods by preventing excessive noise, traffic, nuisances, fire
hazards and other adverse effects of unregulated home occupations.
3.
Establish standards for home occupations in residential units.
D.
Use Limitations. All home-based businesses shall comply with the
following provisions to preserve residential appearance, prevent adverse
impacts on the character of the surrounding neighborhood, and protect
public health and safety:
1.
The use of the residential dwelling unit for the home-based
business shall be clearly incidental and secondary to its use for
residential purposes by its occupants and shall under no circumstances
change the residential character thereof.
2.
Home-based businesses shall be subject to all applicable laws
and its activities shall be limited to the sale of lawful goods and
services.
3.
The total number of employees and clients on-site at one (1)
time shall not exceed the occupancy limit for the residential dwelling
unit.
4.
The activities of the business shall only occur inside the residential
dwelling unit or in the yard and shall not be visible from the street.
5.
No alteration to the exterior experience of the residential
building or premises shall be made which detracts from its residential
character.
6.
No home-based business shall involve commercial vehicle traffic
on or in the vicinity of the residence. For the purpose of this Section,
"commercial vehicle" shall be defined as any self-propelled or towed
motor vehicle used on a highway in interstate commerce to transport
passengers or property when the vehicle:
a.
Has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, of 18,000
pounds or more, whichever is greater; or
b.
Is designed or used to transport more than eight (8) passengers
(including the driver) for compensation; or
c.
Is designed or used to transport more than fifteen (15) passengers,
including the driver, and is not used to transport passengers for
compensation; or
7.
No mechanical equipment or process shall be used that creates
excessive noise, vibration, glare, fumes, odors, electrical interference,
or fluctuations in line voltage outside the residential dwelling unit.
8.
Notwithstanding anything in Chapter 425 herein to the contrary, no advertising, identification or business exterior displays or signs are permitted on any residential premises.
9.
Traffic generated by such home-based business shall not exceed
volumes than would normally be expected in the residential area, and
any need for parking generated by the conduct of such home-based business
shall be met by lawful off-street parking.
10.
There shall be no exterior storage of equipment, commodities,
inventory, or material used in connection with the home-based business.
11.
The home-based business shall register with the City to ensure
that the business activity of the home-based business is compliant
with State and Federal law and paying applicable taxes.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 3255, 4-6-2021]
A.
General.
Eaves, cornices or other similar architectural features shall be permitted
to project into a required setback no more than twelve (12) inches.
Chimneys shall be permitted to project no more than two (2) feet,
provided the width of any side setback is not reduced to less than
thirty (30) inches.
B.
Front
Yards. Open unenclosed ramps, porches, platforms or landings not covered
by a roof shall be permitted to extend no more than six (6) feet into
the required front setback, provided such porch does not extend above
the first (1st) level and is no more than six (6) feet above grade
at any point.
C.
Rear
Yards. Windows shall be permitted to project into a required rear
setback no more than six (6) inches. Open unenclosed decks, stairs
or landings not covered by a roof or open-rafter design (pergola,
etc.) shall be permitted to extend into the required rear yard setback,
provided, such structure does not exceed the lot coverage requirements
of the applicable zoning district and is a minimum of ten (10) from
any rear or side property line.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2440 §1, 6-7-2005]
A.
Authorization. Accessory buildings and structures may be
permitted in any zoning district in connection with a use which is
permitted within such district.
B.
Criteria. An accessory building or structure must meet all
of the following criteria in order to be permitted in any zoning district:
1.
An accessory building or structure shall serve and not be physically
attached to a principal building or structure located on the same
lot.
2.
An accessory building or structure shall contribute to the comfort,
convenience or principal use of the principal building or structure
or occupants thereof.
3.
An accessory building or structure shall be subordinate in area,
extent of use and fair market value to its principal building or structure.
4.
Except as specifically exempted by this Section, accessory buildings
or structures shall comply with all provisions of this Chapter.
C.
Permitted Accessory Uses And Structures. A permitted accessory
use is any use or structure that complies with the above definitions
including, but not limited to, the following typical uses:
1.
To the extent allowable under applicable district provisions and parking and loading requirements under Section 400.235 and if otherwise in compliance with the provisions of this Chapter, off-street parking and loading areas shall be permitted if devoted entirely to the principal use or activity.
D.
Development Standards.
[Ord. No. 3293, 10-19-2021]
1.
No accessory building or structure shall be permitted in any required
front yard.
2.
No accessory building or structure shall be used prior to the establishment
of its principal building or structure, except as an otherwise allowable
temporary construction facility for the principal building or structure.
3.
Accessory buildings and structures shall be set back at least five
(5) feet from the rear lot line and at least five (5) feet from the
side lot line, including eaves or other overhangs or projections.
Above ground swimming pools shall maintain a ten (10) foot setback
from all property lines.
4.
(Reserved)
5.
No part of any accessory building or structure shall be located closer
than ten (10) feet to any principal building or structure or other
accessory building or structure, including eaves or other overhangs
or projections.
6.
Accessory buildings or structures in any residential district shall
not exceed the height of the primary structure or fourteen (14) feet
in height, whichever is less.
7.
Accessory structures must be architecturally consistent in design
with the principal structure and constructed of materials and have
exterior finishes which are compatible and harmonious with those of
the principal structure.
8.
Cargo containers are prohibited for use as accessory buildings or
structures in residentially and commercially zoned districts. Cargo
containers that are located in residential and commercial districts
as of the effective date of this Subsection (10-19-2021) shall be
removed within two (2) years of the effective date of this Subsection.
9.
Accessory buildings may not have interior or exterior lighting which
would shine directly on any adjacent property.
10.
No accessory structure may be so located as to block natural surface
water drainage or cause a diversion of surface water onto other properties.
11.
Accessory structures and uses shall otherwise comply with all the
development standards, codes, and floodplain regulations applicable
to the zoning district in which they are located to include lot coverage.
E.
CARGO CONTAINERS
1.
2.
Definition. As used in this Section
the following term shall have the meaning indicated:
[Ord. No. 3293, 10-19-2021]
Cargo containers include standardized reusable vessels that
were:
Originally designed for or used in the packing, shipping, movement
or transportation of freight, articles, goods or commodities; and/or
Originally designed for or capable of being mounted or moved
by rail, truck or ship by means of being mounted on a chassis or similar
transport device. This definition includes the terms "transport containers"
and "portable site storage containers" having a similar appearance
to and similar characteristics of cargo containers.
F.
Cargo
containers for use as accessory buildings or structures may be permitted
in any "R" Zoning District, subject to authorization by Conditional
Use Permit.
[Ord. No. 3293, 10-19-2021]
[Ord. No. 2566 §2, 10-16-2007]
A.
Every
public utility, cable company, video service provider and other users
of the City rights-of-way or adjacent easements to provide services
shall comply with the supplemental regulations in this Section regarding
the placement of accessory utility facilities on public or private
property. For purposes of this Section, "accessory utility
facilities" shall mean such facilities, including pedestals,
boxes, vaults, cabinets or other ground-mounted or below ground facilities
that directly serve the property or local area in which the facility
is placed, are not primarily for transmission or distribution to other
locations, do not materially alter the character of the neighborhood
or area and otherwise are customarily found in such areas. Except
where limited by other provisions of City ordinance, accessory utility
facilities shall be subject to the following supplementary regulations:
1.
Approval — design — location — application
— notice. The design, location and nature of all accessory
utility facilities on private or public property shall require approval
of the City, which approval shall be considered in a non-discriminatory
manner, in conformance with this Section and subject to reasonable
permit conditions as may be necessary to meet the requirements of
this Section. To that end, prior to any construction, excavation,
installation, expansion or other work on any accessory utility facility,
the facility owner shall apply to the City and submit detailed plans
for the City's review and approval. Contemporaneous with such application,
the facility owner shall provide notice to all private property owners
within one hundred eighty-five (185) feet of the location of the proposed
construction, excavation or other work. Notice shall include detailed
description of the proposed work to be done, the exact location of
proposed work and the anticipated time and duration when the proposed
work will be undertaken. Notice shall be given at least five (5) business
days prior to the commencement of any such work. In considering individual
applications or multiple location applications, the City shall review
the request to ensure the proposed facilities do not impair public
safety, harm property values or significant sight-lines or degrade
the aesthetics of the adjoining properties or neighborhood and taking
into consideration reasonable alternatives. Any material changes or
extensions to such facilities or the construction of any additional
structures shall be subject to the requirements and approvals as set
forth herein. Unless otherwise prohibited, utility facilities subject
to this Subsection may be located in minimum setback areas provided
that all other requirements are met. To the extent permitted by Section
67.2707.1(3) RSMo., the time, method, manner or location of facilities
to be located in the rights-of-way may be established or conditioned
by the City to protect the rights-of-way or to ensure public safety.
An inspection fee shall be required as may be established by the City
to reimburse the City for the costs of review and inspection of accessory
utility facilities as may be permitted by applicable law.
2.
General regulations. The following general regulations
apply to all accessory utility facilities:
b.
All such facilities shall be constructed and maintained in such a
manner so as not to emit any unnecessary or intrusive noise.
c.
All facilities and utility boxes shall be deemed abandoned after
six (6) continuous months of non-use and shall therefore be removed
within thirty (30) days thereafter at the cost of the utility. Land
from which abandoned facilities or utility boxes are removed, whether
on private or public property, shall be restored within thirty (30)
days of removal by the facility owner or have costs of such remedies
charged to the facility owner. The facility owner shall restore the
land using similar plantings or sod of the same type of grass immediately
surrounding the land and shall replace all existing plantings damaged
by the removal work with like plantings and shall replace all damaged
existing grass areas with sod of the same type of grass as was damaged.
d.
Unless otherwise restricted, utility poles for authorized above ground
lines or facilities shall be permitted up to forty-five (45) feet
in height, except for arterial roads where such poles shall be authorized
on one (1) side of the street at up to sixty (60) feet, where utilities
are not otherwise required to be placed underground; provided that
such poles shall be no higher than necessary, maintained so as to
avoid leaning from upright position and without use of guy wires crossing
rights-of-way or pedestrian routes except where approved by the City
as necessary due to the lack of feasible alternatives.
e.
Utility facilities placed in designated historic areas or upon the
premises of a historic structure may be subject to additional requirements
regarding the placement and appearance of facilities as may be necessary
to reasonably avoid or reduce any negative impact of such placement.
f.
Any damage to landscaping or vegetation on private or public property
during installation or maintenance of facilities shall be remedied
by the facility owner within thirty (30) days of such damage.
g.
No facilities may be located so as to interfere, or be likely to
interfere, with any public facilities or use of public property.
3.
Residential districts. In residential districts
and rights-of-way adjacent thereto, accessory utility facilities less
than three and one-half (3.5) feet in height and covering less than
eight (8) square feet in area may be installed above ground with the
prior approval of the City. Except as otherwise may be authorized
herein, any larger utility facility shall be installed underground
or authorized to be installed above ground only by conditional use
permit. All above ground facilities, where authorized, shall be placed
in the rear yard wherever practical. If locating these facilities
in the rear yard is not practical, then such facilities may be located
in the side yard. Such facilities shall not be located in the front
yard or within the public right-of-way unless otherwise approved by
the City upon a determination that all other alternatives are not
feasible.
4.
Non-residential districts. In non-residential districts
and rights-of-way adjacent thereto, accessory utility facilities with
a height of less than five (5) feet and covering less than sixteen
(16) square feet in area may be installed above ground with the prior
approval of the City. Except as otherwise may be authorized herein,
any larger utility facility shall be installed underground or authorized
to be installed above ground only by conditional use permit. All above
ground facilities, where authorized, shall be placed in the rear yard
wherever practical. If locating these facilities in the rear yard
is not practical, then such facilities may be located in the side
yard. Such facilities shall not be located in the front yard or within
the public right-of-way unless otherwise approved by the City upon
a determination that all other alternatives are not feasible.
5.
Landscape screening. A sightproof landscape screen
shall be provided for all authorized above ground facilities taller
than three (3) feet in height or covering in excess of four (4) square
feet in size. Such screen shall be required to sufficiently conceal
the facility. A landscape plan identifying the size and species of
landscaping materials shall be submitted by the utility and approved
by the City prior to installation of any facility requiring landscape
screening. The utility shall be responsible for the installation,
repair or replacement of screening materials. Alternative screening
or concealment may be approved by the City to the extent it meets
or exceeds the purposes of these requirements. Facilities located
in rear yards may be exempted from screening where located so as not
to be visible from:
6.
Compliance with other laws. All accessory utility
facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code including, but not
limited to, building codes, zoning requirements and rights-of-way
management regulations in addition to the supplementary regulations
herein. The provisions of this Section shall not apply to any circumstance
or entity in which application under such circumstances is pre-empted
or otherwise precluded by superseding law.
[Ord. No. 2327 §1, 3-18-2003]
A.
Sanitary Sewer System And Sewage Disposal.
1.
A system of sanitary sewers and appurtenances, providing a connection
to each lot in a subdivision, designed in accordance with the standard
specifications and requirements of the City of Pacific Public Works
Department, shall be installed in all subdivisions as provided in
Title VII of the Municipal Code of the City of Pacific. Original construction
shall include installation of house laterals to the property line
for all lots in the subdivision.
2.
Plans for the sanitary sewer system shall be prepared by a professional
engineer registered to practice in the State of Missouri and shall
be approved by the City of Pacific Public Works Department when submitted
to the Commission for approval.
3.
The construction of the sanitary sewer system shall be subject to
the inspection of City of Pacific Water and Sewerage Department upon
completion of construction. Acceptance for maintenance by City of
Pacific Water and Sewerage Department shall be conditioned upon the
approval of the Commissioner of Public Works.
4.
The sanitary sewer system of a subdivision, when completed, shall
connect to the sanitary sewer lines of the City of Pacific.
5.
Backfill of trenches for sanitary sewer installations shall conform to the requirements of Section 410.075(J) of this Chapter.
B.
Stormwater Drainage Provisions.
1.
Adequate provision shall be made for the disposal of stormwater in
accordance with the standard specifications set forth in Title VII
of the Municipal Code of the City of Pacific and subject to the approval
of the City of Pacific Public Works Department. The detailed plans
for the proper disposal of stormwater affecting any proposed subdivision,
including the runoff from the area tributary as well as the area being
developed, shall include such improvement as may be necessary to all
open drainage channels, such as widening, straightening and paving
and a system of underground pipe sewers and appurtenances, which shall
be separate and independent of the sanitary sewer system. The plans
shall be prepared by a professional engineer, registered to practice
in the State of Missouri, in accordance with the standard specifications
and requirements of the City of Pacific Public Works Department.
2.
Plans for stormwater facilities, when submitted to the Planning and
Zoning Commission for approval, shall have previously received the
written approval of the Commissioner of Public Works.
3.
The construction of stormwater facilities shall be subject to the
inspection of Public Works Department. Upon completion of construction,
acceptance for maintenance by the City of Pacific shall be conditional
upon the approval of the Commissioner of Public Works.
4.
Stormwater detention areas shall be landscaped to be visually attractive.
5.
Backfill of trenches for storm sewer installations shall conform to the requirements of Section 410.075(J) of this Chapter.
[Ord. No. 2327 §1, 3-18-2003]
Improvements and new construction in any district shall conform to the minimum design and development standards in Section 410.075.
[Ord. No. 2327 §1, 3-18-2003]
A.
In
order to protect the integrity of existing housing stock and to protect
the public from hazards inherent in overcrowding in residential property,
it shall be unlawful for any person to alter or cause to be altered,
any existing structure or portion thereof to increase the number of
dwelling units on any parcel of land.
B.
Residential
structures located in the "C-1" and "C-2" zoning districts may be
converted to commercial use, subject to the conditional use permit
process and subject to the following additional regulations:
1.
No alterations shall be made to the building exterior except for
those required to bring the building into compliance with the accessibility
standards;
2.
Off-street parking shall be restricted to the rear of the building;
3.
Only one (1) accessory structure shall be permitted on the property
and shall be used for storage purposes only;
4.
No exterior storage, placement of materials or display of goods shall
be permitted; and
[Ord. No. 2327 §1, 3-18-2003]
A.
Intent And Purpose. The provisions of this Section are intended
to protect property values and enhance community appearance in keeping
with the goals of the Comprehensive Plan of the City of Pacific.
B.
Application Of Regulations.
1.
These regulations shall apply in addition to the other regulations
of the underlying zoning districts.
2.
These regulations shall not apply to single- or two-family residences
or to non-urban uses.
3.
The building and construction standards of this Section apply to
all buildings which lie, in whole or in part, within five hundred
(500) feet of Interstate 44, Thornton Road or Historic Route 66 (Osage
Street), including the area bounded by the straight line defined by
street centerlines of Neosho, Congress and property bordering the
west right-of-way of Fourth Street.
C.
Minimum Exterior Building Material Standards. A minimum
of seventy-five percent (75%) of each exterior wall, excluding windows
and doors, shall consist of the following materials:
D.
Prohibited Materials On All Exterior Walls. The following
materials are prohibited for use in construction of exterior walls:
[Ord. No. 3158, 10-15-2019]
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2779 §1, 2-15-2011]
A.
Generally.
1.
Purpose. The provisions of this Section are intended
to protect property values and enhance community appearance in keeping
with the goals of the Comprehensive Plan of the City of Pacific.
2.
Application. This Section shall be the minimum standard
for landscaping and screening in the City of Pacific.
3.
A landscaping and screening plan shall be required in connection
with any new subdivision plat and upon application for a building
permit in the following instances:
4.
A landscaping and screening plan is not required upon application
for a building permit in the following instances:
a.
Where a landscaping and screening plan has been previously approved
in connection with an uncompleted but ongoing project;
b.
Where a landscaping and screening plan has been previously implemented
as approved in connection with a completed project on the same lot;
or
c.
Where a building permit concerns construction or alterations of a
building with a zero (0) street setback.
5.
The landscaping and screening plan shall include the following information:
a.
Scale at one (1) inch equals twenty (20) feet to fifty (50) feet.
b.
North reference.
c.
The location and size of all utilities on the site.
d.
The location of all existing and proposed parking areas.
e.
The location of all existing and proposed buildings and structures.
f.
The location, condition, size and quantity of all proposed landscape
materials. Plant materials shall be identified by both common and
botanical name.
g.
The location, size and common name of all existing plant materials
to be retained.
h.
Plant species shall be shown on the plan by indicating their mature
crown spread drawn to scale.
6.
Landscaping and screening plans must be approved by the Zoning Officer prior to the issuance of a building permit whenever final development plan review is not required. Otherwise, landscaping and screening must be approved as part of final development plan review process under Section 405.050 of this Title. In cases where landscaping plan approval would cause harmful delay to the start of construction, the Building Commissioner may issue footing and foundation permits for the project so that construction may proceed. Permits for construction beyond the footing and foundation stage shall not be issued until the landscaping plans have been submitted and approved. A landscaping and screening plan shall be required for only that phase of development for which the building permit is being acquired.
B.
Minimum Standards For Landscaping Of Commercial, Industrial And Residential
Uses Of Three Or More Units.
1.
The minimum landscaping requirements shall be one (1) tree and two
(2) shrubs per five thousand (5,000) square feet of total lot area.
2.
All portions of the site not covered with paving or buildings shall
be landscaped. Open areas not covered with other materials shall be
covered with turf or ground cover. Ground cover shall be utilized
on all slopes in excess of twenty-five percent (25%).
3.
Landscaping of parking lot interiors, exclusive of automobile storage and sales lots, shall be required in all zoning districts for lots which are more than one (1) aisle in width. This requirement shall only apply to new construction. The trees and shrubs used to meet the requirements of Subsection (B)(1) above may not be counted toward this requirement.
a.
The minimum requirement for parking lot interior landscaping shall
be as follows: No less than two and one-half percent (2.5%) of the
total parking lot square footage shall be landscaped. The number of
trees used in the parking lot interior shall be not less than one
(1) for each two hundred (200) square feet or portions thereof of
required parking lot interior landscaping.
b.
Interior landscaped area shall be situated within the lot so as to
be surrounded by parking lot pavement on at least three (3) sides.
c.
Each discrete interior landscaped area shall contain at least one
(1) tree which is adaptable to the environment of parking areas and
the remaining area shall be landscaped using shrubs, ground cover
and other suitable landscape materials.
d.
Each landscaped area shall be separated from the pavement material
by straight-back concrete curbing or by an integral concrete sidewalk
and curb with a vertical face so as to prevent vehicle encroachment
and pavement breakup.
4.
In addition to the minimum requirements listed in Subsection (B)(1) above, medium to large deciduous shade trees shall be planted in or along the public right-of-way at a distance of forty-five (45) feet apart. The Commissioner of Public Works shall determine exact location for placement of trees.
5.
In addition to the minimum requirements listed in Subsection (B)(1) above, landscaping at least ten (10) feet wide, consisting of a continuous planting of evergreens and deciduous trees, at a minimum of one (1) two (2) inch diameter deciduous tree, two (2) two (2) inch diameter flowering trees and eight (8) four (4) feet to five (5) feet tall evergreens, shall be planted for each one hundred (100) feet along the property line to separate commercial, industrial or multi-family uses from adjoining single-family residential developments or "R1-A", "R1-B", "R1-C", "R1-E" or "R1-H" zoned districts.
C.
Minimum Standards For Landscaping For Single- And Two-Family Residential
Uses.
1.
Twenty percent (20%) of the mature medium to large size deciduous
shade trees located in areas subject to resubdivision shall be retained
in new developments where less than fifty percent (50%) of the plat
is wooded. Forty percent (40%) of the mature medium to large size
deciduous shade trees located in areas subject to resubdivision shall
be retained in new developments where fifty percent (50%) or more
of the plat is wooded. The retained trees shall be indicated on the
landscape plan.
2.
The developer shall plant medium to large size deciduous shade trees
along the public right-of-way at a distance of forty-five (45) feet
apart. The Commissioner of Public Works shall determine the exact
location for the placement of trees. Exceptions shall be made by the
Commissioner of Public Works to the planting of trees along the public
right-of-way at locations where the expected tree canopy of the new
tree planting would interfere with existing trees. Unless otherwise
approved by the Commissioner, street trees shall be placed on the
private lot within six (6) feet of the sidewalk or lot line.
D.
Minimum Standards For Screening For Commercial And Industrial Uses.
1.
All mechanical equipment mounted on the rooftop of any commercial
or industrial use shall be fully screened from public view by an element
of the building or by a separate, permanently installed screen harmonizing
with the building in material, color, size and shape.
2.
All exterior trash storage containers shall be screened so as not
to be visible from off the property. Enclosures shall be constructed
of brick or split-faced blocks or when deemed appropriate by the Zoning
Officer of solid vinyl fencing, chain link fencing with slats or solid
wood privacy fence, concrete floor and solid door. Such enclosures
shall be included on any required final development plan. Such enclosures
shall be constructed large enough to contain the desired trash container
and any other such items as waste grease containers, waste oil containers,
waste recyclable containers, etc. Such enclosures shall harmonize
with the building in material, color, size and shape.
3.
For all commercial and industrial uses, screening shall be provided,
not less than six (6) feet in height, along all side and rear property
lines which are common to property zoned or used for residential purposes.
Such screening shall not extend in front of the building line of adjacent
dwellings.
4.
In all zoning districts, parking lots shall be screened as defined
herein from residential uses or zones if both of the following criteria
are met:
E.
Plant Materials.
1.
The following are the minimum plant sizes and conditions to be used
in satisfying the requirements of this Chapter:
|
NEW PLANT MATERIALS
| ||
|---|---|---|
|
Small ornamental trees
|
6 foot — 8 foot height
|
B&B(1)
|
|
Deciduous shade trees
|
2 inch caliper
|
B&B
|
|
Evergreen trees
|
4 foot — 5 foot height
|
B&B
|
|
Medium to large shrubs
|
18 inches — 24 inches height
|
B&B
|
|
Dwarf to small shrubs
|
12 inches — 18 inches height
|
B&B
|
|
Ground cover
|
2½ inches height
|
P.P.(2)
|
|
(1) B&B = balled and burlapped; container grown stock may
be used where appropriate.
| ||
|
(2) P.P. = peat pot.
| ||
|
Ornamental small trees
|
15 foot — 30 foot ultimate height
|
|
Deciduous medium trees
|
30 foot — 70 foot ultimate height
|
|
Deciduous large trees
|
over 70 foot ultimate height
|
|
Dwarf shrubs
|
less than 4 foot ultimate height
|
|
Small shrubs
|
4 foot — 6 foot ultimate height
|
|
Medium shrubs
|
7 foot — 10 foot ultimate height
|
|
Large shrubs
|
over 10 foot ultimate height
|
2.
Existing trees which are to be retained to satisfy the requirements
of this Chapter shall meet the following standards:
a.
For shade trees, the diameter four and one-half (4.5) feet above
ground shall be at least three (3) inches.
b.
For ornamental trees, the height shall be at least eight (8) feet.
c.
For evergreen trees, the height shall be at least six (6) feet.
d.
Trees shall be free from mechanical injuries, insect infestations
and disease.
F.
Installation Of Materials.
1.
Landscaping, as required by the provisions of this Chapter, shall be installed by the date specified on the approved landscaping and screening plan. However, the Zoning Officer may allow an additional period of up to twelve (12) months if circumstances so require. A screening fence, if required, shall be installed before an occupancy permit is granted. The final development plan bond, as required in Section 400.050, shall include costs associated with implementation of the landscaping and screening plan. Failure to complete the landscaping and screening plan within the above-prescribed time limit shall be cause to revoke the bond.
2.
Trees shall be protected from injury to roots, trunks and branches
during grading and construction. Protective fencing, tree wells and/or
retaining walls shall be utilized where necessary to insure tree vigor
upon completion of construction.
G.
Maintenance. The owner, tenant and their agent, if any,
shall be jointly responsible for the continuing maintenance of landscaping
and screening required by the Zoning Code. Landscaping shall be maintained
in conformance with the City of Pacific Property Maintenance Code.
Nothing in these codes shall be construed as prohibiting the redesign
and replanting of landscape materials, provided that such replanting
conforms to the minimum standards set forth herein.
H.
Obstruction Of Sight Distance At Intersections. Where two
(2) streets intersect, landscaping and screening materials shall not
be placed within the triangular area formed by the public right-of-way
lines and a line connecting them at points twenty-five (25) feet from
their point of intersection.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2852 §1, 2-5-2013]
A.
Parking.
1.
General statement.
a.
The purpose of this Section is to provide minimum standards for off-street
parking and loading in order to lessen congestion in the streets;
to insure adequate access and parking facilities for users of buildings;
and to safeguard life, health, property and public welfare.
b.
For all buildings or structures hereafter constructed, reconstructed
or expanded, off-street parking shall be provided. Such parking areas
shall be located entirely on private property, except the necessary
drives may cross the right-of-way to connect the roadway with the
parking area.
c.
The issuance of a building permit or commercial use permit shall require compliance with the parking area requirements as herein provided. However, a parking area complying with previous zoning ordinances of the City of Pacific, which becomes non-conforming upon the passage of this Chapter by reason of number of parking spaces, location or construction, shall not be required to comply with those portions of this Chapter, except as otherwise provided in Section 400.270 of this Chapter.
[Ord. No. 3194, 6-2-2020]
|
Hard surfacing compliant with the City's Construction Standards
for parking areas shall be required upon the issuance of a building
permit even though additional spaces are not required to be constructed.
|
2.
Schedule of off-street parking.
a.
Minimum number required. Off-street parking shall
be provided in the amounts specified in the following Table 1 for
the following uses. In the case of a use which is not specifically
mentioned, the off-street parking requirements for a similar use shall
apply. Similarity shall be determined by the Zoning Officer. These
requirements shall apply to each type of use regardless of the zoning
district.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
|
Table 1
| |||
|---|---|---|---|
|
Use
|
Number of Parking Spaces
|
Required for Each
| |
|
Residential
| |||
|
a.
|
Single-Family Dwellings
|
2
|
Dwelling Unit
|
|
b.
|
Two-Family Dwellings
|
2
|
Dwelling Unit
|
|
c.
|
Multi-Family Dwellings
| ||
|
Efficiency Studio
|
1
|
Dwelling Unit
| |
|
1 — 2 Bedroom
|
1.5
|
Dwelling Unit
| |
|
3 or more Bedroom
|
2
|
Dwelling Unit
| |
|
d.
|
Hotels and motels
|
1 plus number required for restaurant or banquet/assembly rooms,if
any
|
Room
|
|
e.
|
Fraternity and sorority houses
|
.5
|
Member
|
|
f.
|
Dormitories
|
.5
|
Resident
|
|
Commercial
| |||
|
a.
|
Banks
|
3
|
1,000 sf of gfa
|
|
b.
|
Offices
|
3
|
1,000 sf of gfa
|
|
c.
|
Offices — medical and dental
|
1
|
Employee, plus
|
|
4
|
Doctor
| ||
|
d.
|
Restaurant
|
1
|
3 Seats
|
|
Restaurant — fast food
|
+1
|
Employee
| |
|
e.
|
Bowling alley
|
4 plus number required for restaurant, if any
|
Lane
|
|
f.
|
Personal services
|
4
|
1,000 sf of gfa
|
|
g.
|
Retail Stores
|
4
|
1,000 sf of gfa
|
|
h.
|
Service stations, gas stations, auto repair shops or garages
|
5
|
1,000 sf of gfa with a minimum required 4 spaces regardless
of size of building
|
|
i.
|
Marijuana dispensary facility
|
1 space per 400 square feet of retail plus 1 space per 400 square
feet of office
| |
|
Industrial — Including Storage, Wholesale
And Manufacturing
| |||
|
a.
|
Brick or lumber yard or similar yard
|
1
|
Employee, plus number required for retail and office space
|
|
b.
|
Open storage of sand, gravel and petroleum
|
1
|
Employee, plus number required for retail and office space
|
|
c.
|
Warehouse and enclosed storage — private
|
1
|
Employee
|
|
d.
|
Warehouse and enclosed commercial
|
1
|
Employee, plus
|
|
3,000 sf of storage space
| |||
|
e.
|
Manufacturing operations — single shift
|
1
|
Employee, plus required number for retail and office space
|
|
f.
|
Manufacturing operations — multi-shift
|
1
|
Employee on largest shift and second shift, plus number required
for retail and/or office space
|
|
g.
|
Marijuana cultivation facility
|
1 space per 3,000 square feet of grow and process area plus
1 space per 400 square feet of office
| |
|
Institutional and Other
| |||
|
a.
|
Hospitals
|
1
|
2 beds, plus
|
|
1
|
Employee
| ||
|
b.
|
Nursing homes
|
1
|
4 beds, plus
|
|
1
|
Employee
| ||
|
c.
|
Auditoriums, churches, theaters, stadiums and other places of
assembly
|
1
|
4 seats
|
|
d.
|
Colleges
|
1
|
2 students plus dorm requirement
|
|
e.
|
High schools
|
1
|
Employee, plus
|
|
1
|
4 students
| ||
|
f.
|
Elementary and middle schools
|
1
|
Employee, plus
|
|
1
|
Classroom
| ||
|
g.
|
Day care facilities
|
1
|
8 children, plus
|
|
1
|
Employee
| ||
|
Note: Abbreviations are as follows: sf — square
feet, gfa — gross floor area
| |||
b.
Exceptions to off-street parking requirements — commercial
or industrial; downtown district.
(1)
The Zoning Officer may reduce, in his/her discretion, the required
number of parking spaces in any commercial or industrial area by twenty
percent (20%). The Zoning Officer may grant such exception if the
applicant satisfactorily demonstrates that past parking utilization
is at least twenty percent (20%) less than the minimum parking regulation
for the proposed use.
(2)
The Zoning Officer may grant up to a one hundred percent (100%)
exception to the required number of parking spaces to a subject property
located in the Downtown District where the Zoning Officer reasonably
determines that:
(a)
Off-street parking is not practical or available both on the
subject property and upon any adjacent property subject to the same
ownership or control as the subject property;
(b)
The proposed use is a lawful use of the subject property existing
in the past five (5) years or permitted as of right with no other
variances requested; and
(c)
The extent of the exception will not create a safety or traffic
hazard including based on the type of use, location, and available
street parking.
|
For purposes of this Subsection, the term "Downtown
District" shall mean those properties that are within or
abut the designated area having a perimeter bounded by a straight
line defined by the streets of Osage, Neosho, Congress, and Fourth
Street.
|
c.
Method of computation.
(1)
Gross floor area (gfa) shall be determined by using the outside
dimensions of the public space for each floor.
(2)
Employees shall include all persons working or serving at a
place of business, including the owner, manager, doctors, nurses,
technicians, teachers, kitchen workers and all other employees.
(3)
The number of employees shall be based upon the total number
of employees on duty at any one time when the maximum functional use
of the building or land is being made.
(4)
A multi-shift operation shall include businesses which have
more than one (1) group of employees who are on duty for different
periods of time.
(5)
Where more than one (1) type of use is located either in the
same building or in separate buildings in close proximity, such that
a single parking area will be serving those uses, the number of parking
spaces provided shall be not less than the sum of the separate requirements
for each use.
(6)
When determination of the number of off-street parking spaces
required by the formulas result in the requirement of a fractional
space, any fraction of one-half (½) or less may be disregarded,
while a fraction in excess of one-half (½) shall be counted
as one (1) parking space.
(7)
Members of a fraternity or sorority shall include pledges, actives
and employees, whether living on the premises or not.
3.
Joint use of parking facilities. Where more than
one (1) type of use is located either in the same building or in separate
buildings in close proximity, joint use of the same parking facilities
will be allowed as follows:
a.
Uses normally open or operated during daytime hours, including retail
stores, personal service establishments (such as beauty shops and
barbershops) and business service establishments (such as banks and
offices), may share parking facilities with the following uses:
(1)
Churches which have activities only on weekends or evenings
may share such parking facilities to the extent of one hundred percent
(100%) of the parking spaces required.
(2)
Uses normally open or operated during evening or weekend hours,
such as theaters, bowling alleys, dance halls, other places of amusement
and restaurants, may share such parking facilities to the extent of
fifty percent (50%) of the parking spaces required.
b.
A written agreement for any joint use of off-street parking facilities
shall be properly drawn and executed by the parties concerned, approved
as to form by the City Attorney and filed with the application for
a building permit.
4.
Dimensions of parking area.
a.
Size of stalls. A required off-street parking space
shall be a rectangle, which is a minimum of nine (9) feet wide by
nineteen (19) feet deep, placed at the prescribed angle so that it
lies between the curb and the aisle.
b.
Aisle width. Aisles shall provide access to parking
spaces and shall provide the necessary space for maneuvering into
and out of each space. They may serve either double or single bays
of parking. The width of aisles providing access and maneuvering space
shall be as follows:
|
Parking Stalls Angle
|
Serviced by Aisle
|
Traffic Flow
|
Aisle Width
|
|---|---|---|---|
|
90°
|
One side
|
One- or two-way
|
24 feet
|
|
90°
|
Both sides
|
Two-way
|
24 feet
|
|
45°
|
One side
|
One-way
|
16 feet
|
|
60°
|
One side
|
One-way
|
16 feet
|
|
45°
|
Both sides
|
One-way
|
16 feet
|
|
60°
|
Both sides
|
One-way
|
20 feet
|
|
45°
|
Both sides
|
Two-way
|
20 feet
|
|
60°
|
Both sides
|
Two-way
|
20 feet
|
c.
Ingress and egress. Ingress and egress shall be
by means of paved driveways not exceeding thirty-five (35) feet in
width at points of connection with public streets. The minimum width
of driveways for ingress and egress shall be the same as those specified
above for aisles. Driveway width, for the purpose of this Section,
shall include only the pavement and not the curbs and gutters.
|
|
The minimum distance of a parking area entrance drive from the
intersection of two (2) streets shall be based on the following street
design standards. All measurements shall be taken from the right-of-way
lines.
|
|
Arterial
|
Collector
|
Minor
| |
|---|---|---|---|
|
Intersection ROW to Curb Cut
|
50 feet
|
25 feet
|
25 feet
|
|
|
Exceptions to these minimum distances may be allowed in the
"C-1" zoning district when necessary due to existing conditions resulting
from the original street design of the town.
|
5.
Improvement of parking area.
a.
Surfacing and curbing.
(1)
All off-street parking areas, except those serving one- or two-family
dwellings, shall be constructed with six (6) inches of three (3) inch
minus rock compacted and two (2) inches of one (1) inch minus rock
compacted and two (2) inches of Type C asphaltic concrete. For areas
in the parking lot where access drives are located or access to loading
docks, the asphaltic concrete shall be increased to three (3) inches
in depth. When the parking lot will park more than twenty (20) cars,
the developer will be required to hire a soils engineer approved by
the City to check and certify to the City the compaction of the subgrade
base and paving.
(2)
In the "M-1" and "M-2" zoning districts, the construction standard as provided in Section 400.235(A)(5)(a)(1) shall be required for customer, visitor and employee parking. Notwithstanding this construction standard, those areas used for loading docks, parking of commercial vehicles or storage of materials, equipment or products in these districts may be constructed of a rolled stone base and surfaced with gravel or other crushed stone. Notwithstanding the above, gravel surfaced areas as herein provided shall be limited to only those areas located behind the front building line of the building(s) located on the subject property.
[Ord. No. 3014 § 3, 4-18-2017]
(3)
All off-street parking areas and all access drives in commercial
and industrial zoning districts shall have a boundary constructed
of straight-back concrete curbing or an integral concrete sidewalk
and curb with a vertical face.
b.
Off-street parking and access drives for one- and two-family residences
in subdivisions created after the effective date of this Chapter shall
be constructed of either four (4) inches Portland cement concrete
with two (2) inch rolled stone base or two (2) inch Type C asphalt
concrete with six (6) inch rolled stone base.
c.
Maintenance. Off-street parking areas shall be maintained
in proper repair with a dust-free surface.
d.
Drainage facilities. For any use which will require
a parking area to be newly constructed, added to or altered in such
a way as to affect drainage either on or off the site, as determined
by the Commissioner of Public Works, stormwater drainage plans, including
grading plans, shall be submitted to and approved by the Commissioner
of Public Works prior to the issuance of a building permit or commercial
use permit.
e.
Permit required. No person, firm or corporation
shall initiate construction of a new parking lot or expansion of an
existing parking lot without first obtaining a permit for such development
from the Building Commissioner. Application for a permit shall be
made upon the form provided and shall be accompanied by such information,
plans and specifications as may be required. A permit shall not be
required for resurfacing an existing parking area, and a permit shall
not be required for customary driveways for single-family and two-family
residential dwellings.
f.
All non-residential off-street parking and loading spaces shall be
striped.
6.
Setback requirements.
a.
Off-street parking for single-family and two-family residential uses
shall have no setback requirements.
b.
Off-street parking for all other uses, including multi-family residential,
commercial and industrial uses, shall have a setback requirement of
ten (10) feet from the front property line. A ten (10) foot side and
rear setback shall be maintained for these uses if the lot abuts areas
zoned for agricultural or zoned or used for residential purposes.
7.
Location of parking areas. Off-street automobile
parking facilities shall be located as hereinafter specified; where
a distance is specified, such distance shall be measured from the
nearest point of the parking area to the nearest entrance of the building
that the parking area is required to serve.
a.
For one- and two-family dwellings — on the same lot as the
building they are required to serve.
b.
For three- and four-family dwellings — on the same lot or parcel
of land as the building they are required to serve. For the purpose
of this requirement, a group of such uses constructed on contiguous
lots or parcels and maintained under single ownership or management
shall be assumed to be on a single lot or parcel of land.
c.
For apartment houses containing four (4) or more dwelling units —
on the same lot or parcel of land as the building they are required
to serve or on a separate lot or parcel of land not more than three
hundred (300) feet from the nearest entrance of the main building
being served, provided the lot or parcel of land selected for the
parking facilities is located in a multi-family or less restrictive
district.
d.
For churches, hospitals, sanitariums, homes for the aged, convalescent
homes and other similar uses — the off-street parking facilities
required shall be on the same lot or parcel of land as the main building
or buildings being served or upon properties contiguous to that lot
or parcel.
e.
For uses other than those specified above, including commercial and
industrial — off-street parking facilities shall be provided
on the same lot or parcel of land as the main building being served
or on a separate lot or parcel of land not more than five hundred
(500) feet from any entrance to the main building, provided the separate
lot or parcel of land intended for the parking facilities is located
in the same or a less restrictive district as the principal permitted
use.
9.
Lighting of parking areas. Any lights used to illuminate
the parking area shall be arranged, located or screened to direct
light away from any adjoining residential use.
10.
Additional parking regulations.
a.
Head-in parking. Head-in parking from any public
right-of-way, which would allow traffic to back out directly into
the public right-of-way, shall not be permitted. This paragraph shall
not apply to single-family and two-family residential use.
b.
Off-street parking, not required under this Section, but voluntarily
provided, shall comply with all requirements in regard to location
and construction.
c.
Required spaces shall not be used for storage and shall be kept available
for their parking function.
d.
No repair or service of any motor vehicle in any residential zoning
district shall be permitted unless these activities are limited to
the vehicles of the resident or residents lawfully residing within
the principal dwelling and
e.
No servicing or maintenance of vehicles shall be permitted except
when such is necessary to the conduct of the permitted use in all
commercial and industrial districts.
f.
No parking shall be permitted on lawn areas in any zoning district.
All vehicles must be parked on a prepared surface consisting of brick,
block, pavers, asphaltic or Portland cement concrete. Parking on gravel
surfaces in residential districts may be permitted provided that the
gravel parking area is behind the front building line, does not encroach
upon the required side yard setbacks, and is not readily visible from
the public right-of-way.
[Ord. No. 3194, 6-2-2020]
|
Gravel driveways and other gravel parking areas in existence
as of the effective date of this Subsection (6-2-2020) shall be allowed
to continue, provided that expansion or enlargement of existing gravel
drives and parking areas shall be subject to the requirements of this
Section.
|
B.
Loading. Any business or industrial building, hospital,
institution or hotel hereafter constructed, reconstructed or expanded
in any district shall provide adequate off-street facilities for the
loading and unloading of merchandise and goods within or adjacent
to the building in such a manner as not to obstruct freedom of traffic
movement and parking on the public streets or alleys.
C.
Accessible Parking Spaces Requirements. When parking lots
or parking garage facilities are provided, the number of accessible
parking spaces shall be provided in accordance with Table 2 and the
following provisions.
1.
Location. Accessible parking spaces shall be located
on the shortest possible accessible route of travel to an accessible
building entrance. In facilities with multiple accessible building
entrances with adjacent parking, accessible parking spaces shall be
dispersed and located near the accessible entrances. When practical,
the accessible route of travel shall not cross lanes for vehicular
traffic. When crossing vehicle traffic lanes is necessary, the route
of travel shall be designated and marked as a crosswalk.
2.
Design and construction. When accessible parking
spaces are required by this Section, they shall be designed and constructed
in accordance with the following dimensions:
a.
A required accessible parking space shall be a rectangle, which is
a minimum of twelve (12) feet six (6) inches wide by twenty (20) feet
deep, placed at the prescribed angle so that it lies between the curb
and the aisle; or
b.
A required accessible parking space shall be constructed to the required
dimensions with an adjacent access aisle of not less than five (5)
feet wide.
c.
Accessible parking spaces shall be located on a surface with a slope
not exceeding one (1) vertical in fifty (50) horizontal.
3.
Signs. Every parking space required by this Section shall be identified by a sign, mounted on a pole or other structure between three (3) feet and five (5) feet above the parking surface, at the head of the parking space. The sign shall be at least twelve (12) inches by eighteen (18) inches in area and in conformance with the requirements set forth in the Manual on Uniform Traffic Control Devices as referenced in Section 315.020 of the Municipal Code of the City of Pacific.
4.
Method of computation. Accessible parking spaces shall be counted as part of the total minimum number of parking spaces required by this Section 400.235.
|
Table 2
| |
|---|---|
|
Total Parking Spaces Required in Lot
|
Minimum Number of Accessible Spaces Required
|
|
1 — 25
|
1
|
|
26 — 50
|
2
|
|
51 — 75
|
3
|
|
76 — 100
|
4
|
|
101 — 150
|
5
|
|
151 — 200
|
6
|
|
201 — 300
|
7
|
|
301 — 400
|
8
|
|
401 — 500
|
9
|
|
501 — 1,000
|
2% of total space
|
|
Over 1,000
|
20 spaces plus 1 space for every 100 spaces or fraction thereof
over 1,000
|
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
A.
The purpose of this Section is to regulate the placement and licensing
of facilities for the dispensing, selling, cultivating, manufacturing,
storing, and testing of marijuana and marijuana-infused products,
to the extent permitted by the Missouri Constitution, applicable statutes
enacted by the General Assembly, and regulations promulgated by the
Missouri Department of Health and Senior Services, and to protect
the health, safety, and welfare of the residents, businesses, and
property owners in the City.
1.
No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance per Chapter 225 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
2.
No more than a total of three (3) marijuana dispensary facilities
will be allowed within the City limits.
3.
Each marijuana cultivation facility, one (1) marijuana-infused
products manufacturing facility or marijuana dispensary facility shall
be located on properties that meet the following distance requirements:
a.
No marijuana-related uses shall be operated or maintained within
one hundred (100) feet of any school, child daycare center or church.
b.
No marijuana-related uses shall be operated or maintained within
one thousand five hundred (1,500) feet of another marijuana-related
use except when marijuana sales represents less than five percent
(5%) of the dollar volume of business in a State or Federally licensed
pharmacy. Marijuana-related uses under the same ownership and on the
same property are exempt from this requirement.
c.
In the case of a free-standing facility, the distance between
the facility and the school shall be measured from the external wall
of the facility closest in proximity to the school to the closest
point of the property line of the school, unless the school is part
of a larger structure such as an office building or mall, in which
case the distance shall be measured to the entrance or exit of the
school in closest proximity to the facility. In the case of a facility
that is part of a larger structure, such as an office building or
mall, the distance between the facility and the school shall be measured
from the property line of the school to the facility's entrance
or exit closest in proximity to the school, unless the school is part
of a larger structure such as an office building or mall, in which
case the distance shall be measured to the entrance or exit of the
school in closest proximity to the facility. Measurements shall be
made along the shortest path between the demarcation points that can
be lawfully traveled by foot.
4.
No marijuana or marijuana-infused product shall be displayed
so as to be visible through glass, windows, or doors by a person of
normal visual acuity standing at the outside perimeter of a facility.
5.
Paraphernalia as defined in Chapter 195, RSMo., as may be amended,
may be lawfully sold at a marijuana dispensary facility.
6.
The sale or consumption of alcohol within a facility is prohibited.
7.
The consumption, inhalation or other personal use of marijuana
or marijuana-infused products on or within the premises of a marijuana
cultivation facility, marijuana testing facility, marijuana-infused
products manufacturing facility or marijuana dispensary facility is
prohibited, except that a marijuana testing facility may consume marijuana
during the testing process and only as the consumption relates to
the testing process.
8.
Dispensaries can be on the same property as a cultivation facility,
a marijuana-infused products manufacturing facility or a marijuana
testing facility but are not permitted to be within the same building
as any other marijuana-related use.
9.
Security Plans. A marijuana cultivation facility, marijuana
testing facility, marijuana-infused products manufacturing facility
or one (1) marijuana dispensary facility shall provide adequate security
on the premises, including, but not limited to, the following:
a.
Surveillance. Security surveillance cameras installed to monitor
each entrance to the facility along with the interior and exterior
of the premises to discourage and to facilitate the reporting and
investigation of criminal acts and nuisance activities occurring at
the premises. Security video shall be preserved for at least ninety
(90) days, and be made available to Law Enforcement Officers upon
demand.
b.
Inventory. All salable inventory of marijuana must be kept and
stored in a secured, locked manner.
c.
Safe. A locking safe or secure vault permanently affixed or
built into the premises to store any currency on-site.
d.
Alarm System. Professionally monitored robbery alarm and burglary
alarm systems shall be installed and maintained in good working condition
within the facility at all times.
e.
Emergency Contact. Each facility shall provide the Chief of
Police with the name, cellular telephone number, electronic mail address,
and facsimile number of an on-site facility employee to whom the City
may provide notice of any operating problems associated with the facility.
It shall be the responsibility of the licensee to keep up to date
the contact information of the facility employee.
10.
Operating Plans. As a condition of processing of a business
license application, a facility operator shall provide at the time
of filing the business license application a detailed operations plan
and, upon issuance of a license, shall operate the facility in accordance
with the plan. Such plan shall include:
a.
Floor Plan. A plan showing the layout of the facility and the
principal uses of the floor area depicted. A marijuana dispensary
facility shall have a lobby waiting area at the entrance to the center
to receive clients, and a separate and secure designated area for
dispensing marijuana to qualified patients or designated primary caregivers.
The primary entrance of any stand-alone facility shall be located
and maintained clear of barriers, landscaping and similar obstructions
so that it is clearly visible from public streets, sidewalks or site
driveways. All storage areas shall be shown and labeled.
b.
Odor Controls. A facility shall provide a plan for the mitigation
and control of odors and other environmental impacts which may emanate
from a facility. Such plan shall describe the ventilation system for
the premises. Appropriate ventilation systems to prevent any odor
of marijuana of fumes from leaving the premises of a facility or other
changes to a facility may be required to abate a public nuisance.
11.
Signage.
a.
A sign for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall comply with the requirements of Chapter 425 of this Code, or any ordinance enacted hereafter regulating signs.
b.
A sign for a marijuana cultivation facility, marijuana dispensary
facility, marijuana-infused products manufacturing facility, or marijuana
testing facility shall be located on the same premises as the facility.
12.
Each facility shall at all times possess a current City business
license. By obtaining a City business license, the facility licensee
irrevocably consents to the immediate closure and cessation of operation
of the facility in addition to all other penalties or remedies available
by law for the failure to possess a current City business license.
13.
It shall be unlawful for any person to distribute, transmit,
give, dispense or otherwise provide marijuana as a home occupation.
14.
No marijuana cultivation facility, marijuana dispensary facility,
marijuana-infused products manufacturing facility, or marijuana testing
facility shall be operated within the City without a valid license
issued by the Missouri Department of Health and Senior Services. No
marijuana or marijuana-infused products shall be acquired, certified,
cultivated, delivered, manufactured, processed, sold, stored, tested,
or transported within the City, except by persons or entities licensed
for such purposes by the Missouri Department of Health and Senior
Services.
15.
Application Review Process:
a.
Site Review Permit. This preliminary permit reviews the proposed
marijuana-related use for compliance with the City's zoning and
location standards prior to issuance of State license. A draft of
proposed security and floor plans should also be provided. Site review
approval shall expire, and be of no effect, one (1) year after the
date of issuance thereof. Site review and approval shall be conducted
administratively.
b.
Business License. Once State licensing has been received, the
business license shall include all relevant State approvals and approved
operating plans and security plans.
[Ord. No. 3195, 6-2-2020]
A.
Definition. 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.
B.
Conditions.
The following conditions shall be made a continuing obligation of
any commercial occupancy permit and/or conditional use permit issued
for a short-term vacation rental facility, and such other conditions
as may be required by the Planning and Zoning Commission and the Board
of Aldermen:
1.
A short-term rental facility shall be subject to, at minimum, an
annual inspection to determine compliance with the requirements of
this Section and of the City's Building and Occupancy Codes. The City
may require additional inspections upon a complaint regarding the
condition of the property or of the conduct of the short-term rental
facility operation.
2.
The maximum number of guests at any one (1) time may not exceed the
number permitted by the applicable Building and Occupancy Code provisions
of the City of Pacific. The occupancy limit shall be established as
part of the commercial occupancy permit granted the facility.
3.
Off-street parking facilities shall be provided in conformance with
existing Municipal Code provisions.
4.
A short-term vacation rental facility may not permit a guest to remain
longer than fourteen (14) consecutive days, nor may it permit the
same guest to reside within the facility more than a total of thirty
(30) days per calendar year.
5.
A short-term rental facility may provide meals only to its guests
and under no circumstances to members of the general public. No food
storage or preparation capabilities shall be provided in guest rooms.
6.
The short-term rental facility shall appear at all times as a one-
or two-family residence.
7.
The short-term rental facility must not generate acclivity or noise
inimical to the character of a residential district nor permit it
to fall below the standards of the City's adopted building, property
maintenance and other applicable codes, and further shall be required
to be inspected annually for a commercial occupancy permit, such inspection
to be performed by the City with fee additional to that charged for
the annual business license.
8.
No outdoor activities may be permitted after the hours of 11:00 p.m.
in any zoning district.
9.
A short-term rental facility may place one (1) and only one (1) identification
sign on its premises so long as it meets the following conditions:
a.
The sign area shall not exceed two (2) square feet.
b.
If illuminated, the light source must be provided by a light no greater
in intensity than provided by one (1) standard fifty (50) watt electric
light bulb.
c.
In commercial zoning districts, the top of the sign may be no more
than three (3) feet above grade, except if attached to the front of
the facility.
d.
In residential districts, no signage shall be permitted in the required
front yard. Signage shall be affixed to the building or structure
only.
e.
The sign must be designed and constructed of materials consistent
and harmonious with the design and materials of the house.
f.
The owner of the short-term rental facility must obtain a permit
in accordance with the provisions of the Sign Code of the City of
Pacific.
