City of Pacific, MO
Franklin County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2327 §1, adopted March 18, 2003, repealed chapter 405 and enacted new provisions set out herein. Former chapter 405 derived from ord. no. 1885 §1, 12-19-95; ord. no. 1909 §§1 — 2, 7-2-96; ord. no. 2025 §§1 — 2, 1-20-98; ord. no. 2065 §§1 — 2, 10-6-98; ord. no. 2120 §1, 8-17-99; ord. no. 2128 §1, 10-19-99; ord. no. 2205 §3, 3-6-01; ord. no. 2229 §1, 7-3-01; ord. no. 2237 §1, 9-4-01; ord. no. 2289 §§1 — 2, 6-4-02; ord. no. 2291 §1, 6-18-02.
[Ord. No. 2327 §1, 3-18-2003]
A. 
Establishment, Membership And Voting.
1. 
A Planning and Zoning Commission is hereby established. It shall consist of nine (9) members, including a member of the Board of Aldermen selected by the Board annually at its first (1st) organizational meeting and eight (8) citizens appointed by the Mayor with the consent and approval of a majority of the Board of Aldermen.
2. 
All members shall be entitled to cast one (1) vote on each issue.
B. 
Terms. The term of each of the citizen members of the Planning and Zoning Commission shall be for four (4) years, except that the terms of the citizen members first (1st) appointed shall be varied in the following manner so that the succeeding terms will be staggered: one (1) citizen member shall serve for a term of one (1) year, one (1) citizen member shall serve for a term of two (2) years, one (1) citizen member shall serve for a term of three (3) years and three (3) citizen members shall serve for a term of four (4) years.
C. 
Removal Of Members. The Board of Aldermen, by a two-thirds (⅔) vote of all the members elected to the Board of Aldermen, may remove any citizen member of the Planning and Zoning Commission for cause stated in writing and after a public hearing thereon.
D. 
Vacancies. Any vacancy in the membership of the Planning and Zoning Commission shall be filled for the unexpired term in the same manner as the original appointment.
E. 
Compensation. The members of the Planning and Zoning Commission shall not receive compensation for their services as such.
F. 
Officers. The Planning and Zoning Commission shall elect a Chairman, a Vice Chairman and a Secretary from among the citizen members. The term of the officers shall be for one (1) year with eligibility for re-election.
G. 
Meetings. The Planning and Zoning Commission shall hold regular meetings and special meetings as it provides by rule or as required by the Board from time to time.
H. 
Rules. The Planning and Zoning Commission shall adopt rules for the transaction of business coming before it.
I. 
Records. The Planning and Zoning Commission shall keep a record of its proceedings, which record shall be public.
J. 
Powers And Duties.
1. 
The Planning and Zoning Commission shall have the following duties:
a. 
To prepare and adopt a Comprehensive Plan for the physical development and uses of land within the City and adopt modifications thereof from time to time as deemed in the City's best interest.
[Ord. No. 3027, 8-15-2017]
b. 
To prepare and submit to the Board of Aldermen for its approval a Zoning Code and Zoning Map including such regulations as the height, width, area, bulk, location, use and appearance of private, non-profit and public structures and premises and describing or illustrating the layout, improvement and landscaping of the site of any proposed development or redevelopment of property within the City as it shall determine to be necessary or desirable for the promotion of the health, safety and general welfare of the inhabitants of the City.
c. 
To recommend the establishment of reasonable standards regarding the density of individual homes in any specific single-family dwelling neighborhood.
d. 
To consider and make recommendations on all requests for rezoning, zoning text amendments (Section 400.260) and final development plan approval (Section 405.050) in the manner prescribed elsewhere in this Title.
e. 
To submit an annual written report to the Board of Aldermen containing the Commission's recommendations concerning this Title, a summary of its activities during the past year and its recommendations on specific community goals and objectives for the future and programs for achieving these.
f. 
To recommend site development standards, architectural standards and guidelines for erection, construction, reconstruction, alteration or use of buildings, structures or land for the purpose of assuring the mutual compatibility of buildings and their surroundings, the preservation of the historical character of designated buildings or areas and the safety and general welfare of the public.
g. 
To recommend the boundaries of the various zoning districts and appropriate regulations to be enforced therein.
2. 
The Planning and Zoning Commission shall have the following authority:
a. 
To petition the Board of Aldermen on its own initiative to amend, supplement, change or repeal this Title or any part thereof or to propose amendments to the Zoning Map as the Commission determines to be in the City's best interest.
b. 
To request the Board of Aldermen to appoint the employees and staff necessary for its work and to contract with City planners and other professional persons for the services that it requires.
c. 
To make reports and recommendations relating to the Comprehensive Plan and development of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens.
d. 
To recommend to the executive or legislative officials of the City programs for public improvements and the financing thereof.
e. 
To request from public officials all available information it requires for its work. All public officials shall furnish such information to the Planning and Zoning Commission within a reasonable time.
f. 
To enter upon any land to make examinations and surveys necessary to the performance of its functions.
g. 
The Commission shall have the power necessary to perform its lawful duties.
[Ord. No. 2327 §1, 3-18-2003]
A. 
Appointment. The Mayor, with the consent and approval of a majority of the members of the Board of Aldermen, shall appoint a Zoning Officer to administer and enforce this Title.
B. 
Duties. The Zoning Officer or his/her duly designated and acting deputy shall enforce this Title and in addition thereto and in furtherance of this authority shall have the following duties:
1. 
To review all zoning issues incident to applications for building permits as provided in Section 405.040 and report the findings of such reviews to the Building Commissioner in a timely manner.
2. 
To furnish to the various departments, officers or employees of the City vested with the authority to issue permits or licenses such information as will insure the proper administration of this Title.
3. 
To review and rule on all applications for use permits as provided in Sections 405.040(B) and (C).
4. 
To conduct inspections of all buildings, structures, premises and use of land to determine compliance with the provisions of this Title, provided that such inspections are reasonably necessary for the enforcement of this Title.
5. 
To develop mandatory written forms of application to be completed and filed by those seeking rezoning, text amendments to this Chapter, final development plan review, subdivision approval, variances, conditional use permits or other requests based on statutory law and this Chapter.
6. 
To perform final development plan review pursuant to Section 405.050.
7. 
To receive, check for compliance with the various submission requirements contained herein and forward to the Commission all applications for rezoning, conditional use, subdivision and amendments to the text of this Title or to the Zoning Map, along with a written report to the Commission containing the Zoning Officer's recommendations regarding the submittals.
8. 
To receive, check for compliance with the various submission requirements contained herein and forward to the Board of Adjustment all applications for variances.
9. 
To forward to the Board of Adjustment all materials constituting the record upon which actions appealed from have been taken.
10. 
To make the necessary arrangements so that all meetings and hearings by the Commission and the Board of Adjustment are properly memorialized or recorded.
11. 
To maintain permanent and current records relating to this Title, including all maps, amendments, variances, conditional uses, use permits, final development plan submissions, minutes, transcripts of hearings, reports, memoranda, correspondence and any other materials relating to the various actions and determinations of the Zoning Officer, Commission, Board of Adjustment and Board of Aldermen.
12. 
To publicly post and make available for public inspection and copying during normal business hours current copies of the City's Zoning Map and Comprehensive Plan.
13. 
To report annually in writing to the Planning and Zoning Commission and the Mayor on the administration of this Title with special attention to enforcement problems and deficiencies in this Title.
14. 
To notify in writing the persons or entities responsible for violations of provisions of this Title, indicating the nature of the violation and ordering the action necessary to correct it.
15. 
To review all final development plans submitted with applications for building permits for the purpose of determining whether the final development plan is in compliance with this Title.
16. 
To order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions or alterations; discontinuance of any illegal work being done; or to take any other action authorized by this Title, including judicial action, to ensure compliance with or to prevent violation of its provisions.
17. 
To act as liaison between the Commission and other departments, offices and officials of the City.
18. 
To annually prepare and submit to the Board of Aldermen a recommended schedule of fees and charges to be assessed in connection with the procedures outlined in this Title.
19. 
To enforce the landscaping and screening provisions of this Title.
20. 
To issue citations and take all lawful steps necessary to eradicate nuisances and other violations of this Title.
21. 
The Zoning Officer shall not approve an application for a building permit (Section 405.040) or issue a commercial use permit (Section 405.040) or an occupancy permit (Section 500.160 and Property Maintenance Code, Chapter 500, Article VI of the Municipal Code of the City of Pacific) for any building or structure unless that building or structure is in substantial compliance with the final development plan as approved by the Commission or Zoning Officer.
[Ord. No. 2327 §1, 3-18-2003]
A. 
Establishment. The locations and boundaries of the zoning districts established herein shall be and are shown on the Zoning Map which is hereby incorporated into and made a part of this Title. The Zoning Map, together with all officially authorized notations, references and other information shown thereon and all amendments thereto, shall be a part of this Title and shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon, were fully set forth and described herein.
B. 
Maintenance. The Zoning Officer shall maintain the Zoning Map and shall be responsible for making any officially approved changes thereto.
C. 
Zoning Of Streets, Alleys, Public Ways And Railroad Rights-Of-Way. All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways or railroad rights-of-way. Where the centerline of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
D. 
Boundary Lines — Rules For Interpretation Of District Regulations. The following rules for interpretation shall apply:
1. 
A boundary indicated as approximately following the centerline of a highway, street, alley or easement shall be construed as following such centerline.
2. 
A boundary indicated as approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.
3. 
A boundary indicated as approximately following a corporate boundary line of a City shall be construed as following such line.
4. 
A boundary indicated as following a railroad line shall be construed as being midway between the main tracks.
5. 
A boundary indicated as following the centerline of a stream, river, canal, lake or other body of water shall be construed as following such centerline.
6. 
A distance not specifically indicated on the official Zoning Map shall be determined by the scale of the map.
7. 
Where a physical or cultural feature existing on the ground is at variance with that shown on the official Zoning Map or in any other circumstance not covered by paragraphs (1) through (6) above, the Board of Adjustment shall interpret the zoning district boundary.
E. 
Period Map Updates. The City may from time to time formally replace the Zoning Map of the City by ordinance as may be deemed appropriate in the public interest. Such ordinance shall not be subject to the procedures for adoption set forth in Section 400.260 or elsewhere herein but shall be adopted in accordance with the mandatory requirements for amending zoning district boundaries and regulations as set forth in Sections 89.050 — 89.060, RSMo. Any revisions to the Zoning Map thereafter as authorized by Section 405.030(B) by the Zoning Officer shall include placement on the map of the date to which the map has been revised.
[Ord. No. 2327 §1, 3-18-2003]
A. 
Building Permit. Any proposed construction, reconstruction or alteration of any structure or building shall comply with all the applicable provisions of the City of Pacific Zoning Code and Building Code. No building permit shall be issued by the Building Commissioner unless all conditions attached to approval have been satisfied, all required fees have been paid and the application for such permit has been examined by the Zoning Officer and he/she affixed to it his/her approval that the application is in proper form, contains all necessary information, is accompanied by final development plan approval of the Commission, if required, or the Zoning Officer, if required, and the proposed building or use of land, subdivision, building or structure complies in all respects with the provisions and orders then in effect with respect to zoning or variances.
B. 
Conditional Use Permit.
1. 
Definition, intent and purpose. Conditional uses are land uses which are considered by the City to be desirable or convenient to the community, but which by their nature or operation have:
a. 
A tendency to generate excessive traffic;
b. 
A potential for attracting a large number of persons, thus creating noise or other pollutants;
c. 
A detrimental effect upon the value or potential development of other properties in the neighborhood; or
d. 
An extraordinary potential for accidents or danger to public health or safety.
The purpose of conditional use permits is to provide the City with a procedure for determining the appropriateness of a proposed use not otherwise permitted by the regulations of the district in which the use is proposed to be located. The appropriateness of the use shall be determined in consideration of surrounding uses, activities and conditions of the site and of surrounding areas. Based upon this determination, the City may decide to permit, reject or conditionally permit the use for which the conditional use permit is sought.
2. 
Authorization. The Board of Aldermen may authorize, under prescribed conditions, the construction or undertaking of any conditional use that is expressly permitted as a conditional use in a particular zoning district; however, the Board of Aldermen shall have the authority to deny any request for a conditional use, to impose conditions on the use or to revoke approval at any time upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.
3. 
Application and submission requirements.
a. 
An application for a conditional use permit can be filed only by the owner or tenant of the property in question.
b. 
The application shall be filed in the office of the Zoning Officer who shall forward the application to the Commission.
4. 
Review procedures.
a. 
Before any final action may be taken by the Board of Aldermen on an application for a conditional use, the Commission shall hold a public hearing thereon. The Commission shall set a date for the hearing and public notice of it shall be given. No application for a conditional use may be approved by the Board of Aldermen until such hearing is held and a written recommendation with a report of findings of fact is filed with the Board of Aldermen by the Commission.
b. 
The notice and hearing procedures under this Section shall comply with the provisions of Section 405.060.
5. 
Standards for conditional use permit approval. The Commission shall, in each case, make specific written findings of fact based directly upon the particular evidence presented to it supporting its conclusion. The Commission shall not recommend approval of a conditional use permit unless the request:
a. 
Complies with all applicable provisions of this Title;
b. 
At the specific location will contribute to and promote the community welfare or convenience;
c. 
Will not cause injury to the value of neighboring property and will not create a nuisance;
d. 
Is consistent with the Comprehensive Plan and existing zoning district provisions;
e. 
Will provide, if applicable, off-street parking and loading areas in accordance with the standards contained in this Title;
f. 
Will provide, if applicable, erosion control and on-site stormwater detention in accordance with the standards contained in this Title; and
g. 
Will not substantially increase traffic congestion and noise.
6. 
Conditions and restrictions. In approving a conditional use permit application, the Board of Aldermen may impose conditions and restrictions as necessary to assure that the standards of Section 405.040(B)(5) are complied with and the general intent of this Title is effectuated. The Board of Aldermen in approving a conditional use permit may specify that any future enlargement or alteration in the use of the structure or site must be approved by the Board of Aldermen, upon receipt of the recommendation of the Planning and Zoning Commission, as an amendment to the conditional use permit before a building permit for the enlargement or alteration may be issued. In addition, the Board of Aldermen may require a final development plan in conjunction with any application for or amendment of any conditional use permit.
Failure to comply with any of the Board of Aldermen's conditions or restrictions shall constitute a violation of this Title punishable by revocation of the conditional use permit or as provided in Section 405.070 of this Title.
7. 
Expiration.
a. 
No conditional use permit granted by the Board of Aldermen shall be valid for a period longer than six (6) months from the date it grants the conditional use permit, unless within such period:
(1) 
A building permit is obtained and construction is begun; or
(2) 
If a building permit is not required, a commercial use permit is obtained and the use of the building commenced.
b. 
The Board of Aldermen may grant extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.
8. 
Revocation.
a. 
Revocation proceedings may be initiated by the Board of Aldermen.
b. 
Unless the conditional use permit holder and the landowner agree in writing that the permit may be revoked, the Board of Aldermen shall hold a public hearing to consider the revocation of the conditional use permit.
c. 
The City shall give the permit holder and landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City or by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.
d. 
The public hearing shall be conducted in accordance with rules of procedure established by the Board of Aldermen. At the conclusion of the public hearing, the Board may render its decision or take the matter under advisement.
e. 
No conditional use permit shall be revoked unless a majority of the Board of Aldermen is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a conditional use permit shall clearly state the grounds for revocation.
C. 
Commercial Use Permit.
1. 
Required. It shall be unlawful for any person, firm or corporation to hereafter occupy or use any land, building or part thereof for any non-residential purpose until a commercial use permit has been issued by the Zoning Officer stating that the use complies with all the provisions of this Title. No business license shall be issued unless a commercial use permit has first been issued.
2. 
Application. Every application for a commercial use permit shall be filed at the office of the Zoning Officer and shall comply with any regulations prescribed by the Zoning Officer and kept on file by the City Clerk requiring the submission of such information as may be necessary to determine compliance with the provisions of this Title.
3. 
Issuance.
a. 
No commercial use permit shall be issued by the Zoning Officer until all required fees have been paid, the Building Commissioner has caused the premises to be inspected and affixes to the application for such permit his/her approval that the proposed use and any buildings or structures involved comply in all respects with the provisions of the City Building Code and the use is certified to be in compliance with all the provisions of this Title by the Zoning Officer.
b. 
A commercial use permit shall be issued or written notice shall be given to the applicant stating the reasons why a permit cannot be issued not later than thirty (30) days after an application is filed or thirty (30) days after the office of the Zoning Officer has been notified in writing that the building or premises is ready for occupancy, whichever is later.
[Ord. No. 2327 §1, 3-18-2003]
A. 
Requirement. A preliminary development plan shall be submitted along with the application for approval of a planned unit development (Section 400.160), conditional use permit and/or any other approval requiring the submission of a preliminary development plan.
The Zoning Officer may allow a preliminary and final development plan to be submitted as a single plan where alterations or detailed changes to the initial submission are unanticipated.
[Ord. No. 3017 § 4, 5-16-2017]
B. 
Application And Submission Requirements. A preliminary development plan shall contain the following information or such information as may be required by the Zoning Officer, Commission or Board of Aldermen:
1. 
Signatures of the applicant and the property owner, together with the property owner's and applicant's name, address and telephone number.
2. 
Fifteen (15) copies of a sealed plat or survey of the property, plus one (1) eleven (11) inch by seventeen (17) inch copy of the sealed plat or survey drawn by a registered land surveyor under the laws of the State of Missouri, drawn to a scale of not less than two hundred (200) feet to the inch, accurately showing the real estate for which a zoning change is requested, its location, the length and location of each boundary thereof and the location of the property within three hundred (300) feet of the boundaries of the real estate for which a zoning change is requested (the "surrounding area").
3. 
All necessary data and drawings for making a determination as to:
a. 
Whether the proposed use and development complies with applicable requirements in this Title; and
b. 
What the impact of the proposed development will be on public facilities, improvements, services and the surrounding area.
4. 
All submissions shall be properly sealed and signed by the appropriate professional creating the submittal: i.e., a licensed architect, professional engineer or land surveyor registered in the State of Missouri pursuant to applicable laws and regulations. An original seal, signature and printed date shall appear on each page of one (1) original submittal set as evidence that the submitted material was prepared under the direction and control of the architect, professional engineer or land surveyor.
5. 
Location map, north arrow and plan scale.
6. 
Current zoning classification and, if applicable, proposed zoning classification, subdivision name, lot number and zoning of adjacent parcels.
7. 
Title block including name of proposed project, applicant or owner.
8. 
Proposed use of each building and distance from adjacent property lines and required setback lines.
9. 
The location and size of each building on the site.
10. 
Legal description of the parcel or lot, the dimensions and area of the lot or site.
11. 
The height and number of stories of the proposed structure.
12. 
Building schematic elevations depicting general size, shape and special design elements proposed as well as proposed materials to be used. Include two (2) sections at ninety degrees (90°) from each other through the proposed site and buildings.
13. 
Location and identification of all easements (existing and proposed).
14. 
Identification of utilities serving or proposed for the site, water shed, fire, school and ambulance districts.
15. 
Location of existing and proposed sewage treatment, stormwater collection and detention (if applicable) and preliminary stormwater runoff calculations (if applicable) — amount of detention required and provided.
16. 
Existing and proposed contour lines at five (5) feet intervals (or elevations based on mean sea level datum) with flood plain and wetland areas delineated.
17. 
Site coverage data in a percentage form (a ratio of building and paved area to greenspace).
18. 
The ratio of floor area to the site area.
19. 
The location and number of proposed parking spaces, surface lots or structures in relation to the applicable parking regulations in Section 400.235. The layout shall include curb cuts, sidewalks, dimensional driveways and typical parking spaces showing handicapped parking accessibility, if any.
20. 
Location and height of all light poles and trash enclosures.
21. 
Existing and proposed landscaping including related site improvements such as walls, berms, fences, water features and walkways.
22. 
Written approval or other written response or comments from the Missouri Department of Transportation, fire district, school district, ambulance district or other affected political subdivisions, where appropriate.
23. 
An outboundary plat of the tract with a land surveyor's seal.
24. 
Type, number and general location of proposed lots or units and maximum square footage of proposed buildings.
25. 
Approximate location of all isolated trees having a trunk diameter of eight (8) inches or more, all tree masses and proposed landscaping.
26. 
A minimum of two (2) cross section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.
27. 
Proposed ingress into and egress from the site, including adjacent streets.
28. 
Preliminary plan for provision of sanitary and stormwater sewers.
29. 
Proposed source of potable water.
30. 
Other detailed information and data as deemed necessary by the Zoning Officer or Public Works Commissioner.
31. 
All appropriate fees and any additional information to be placed on the preliminary development plan requested by the Zoning Officer, the Commission or the Aldermen. Possible additional information includes, but is not limited to, report on project features, anticipated project schedule or phasing schedule, flood plain study and traffic impact study.
C. 
Site Development Standards. In considering any application requiring submittal and approval of a preliminary development plan, the following factors shall be considered, in addition to any other information relevant to good planning practices:
1. 
The relationship of proposed uses, functions, sites and buildings within the development tract to each other;
2. 
The relationship of proposed uses, functions, sites and buildings within the tract to existing land uses and the permitted uses of adjoining tracts in accordance with sound planning and zoning practices and the Comprehensive Plan;
3. 
The provision for and distribution of adequate parking facilities;
4. 
The provision of proper means of access to and from public roads, particularly with respect to automotive and pedestrian safety;
5. 
The provision of site amenities including landscaping and fences;
6. 
Compliance with all requirements of this Title and consistency with the Comprehensive Plan; and
7. 
Any other factors relevant to the public health, safety, convenience and general welfare of the people of Pacific.
D. 
Review.
1. 
Upon receipt of the application requiring preliminary development plan, the Zoning Officer shall review the application and shall coordinate the review and analysis of the application and preliminary development plan by the appropriate government officials, departments, agencies and representatives. The results of this review shall be compiled by the Zoning Officer, and
2. 
Upon its review and consideration of the preliminary development plan, the Commission shall then recommend either approval, conditional approval or rejection of the application and accompanying preliminary development plan. Approved and conditionally approved plans shall be forwarded to the Board of Aldermen. Rejected plans may be resubmitted with changes for a second (2nd) review by the Commission. Plans rejected a second (2nd) time may be submitted then to the Board of Aldermen. Two-thirds (⅔) of the members of the Board are needed to approve a preliminary development plan that has been rejected two (2) times by the Commission.
[Ord. No. 2327 §1, 3-18-2003]
A. 
Final Development Plan Submission.
1. 
Requirement. No building shall hereafter be constructed, reconstructed or altered nor shall any such work be started until a final development plan for the project has been approved in accordance with this Title and a building permit for the work has been issued by the Building Commissioner. Notwithstanding this requirement, the Zoning Officer has discretion to allow, without requiring any final development plan, construction, reconstruction or alterations of any single, detached residential structure consisting of no more than four (4) dwelling units, so long as such proposed construction is otherwise in compliance with all applicable laws, ordinances, rules and regulations.
2. 
Zoning officer/commission review — when. The Zoning Officer shall conduct the final development plan review if the proposed improvements shown on the final development plan do not involve any resubdivision, rezoning, conditional use or variance in order to complete the proposed improvements in accordance with this Title. In all other instances, the Zoning Officer shall first determine that application and submission requirements are satisfied and, if so, then forward the application to the Commission for its review.
3. 
Application and submission requirements.
a. 
Any application for final development plan approval may be filed by any person with a financial, contractual or proprietary interest in the property to be developed according to the submitted plan, so long as the owner of the property to be developed also signs the application or consents in writing to the same.
b. 
All applications for final development plan approval shall be filed in the office of the Zoning Officer. The application for final development plan approval shall contain the following information as well as such additional information as may be required from time to time by the Zoning Officer, Commission or Board of Aldermen:
(1) 
Signatures of the applicant and the property owner, together with the property owner's and applicant's name, address and telephone number.
(2) 
All necessary data and drawings for making a determination as to:
(a) 
Whether the proposed use and development complies with applicable requirements in this Title; and
(b) 
What the impact of the proposed development will be on public facilities, improvements, services and the surrounding area.
(3) 
All submissions shall be properly sealed and signed by the appropriate professional creating the submittal, i.e., a licensed architect, professional engineer or land surveyor registered in the State of Missouri pursuant to applicable laws and regulations. An original seal, signature and printed date shall appear on each page of one (1) original submittal set as evidence that the submitted material was prepared under the direction and control of the architect, professional engineer or land surveyor.
(4) 
Location map, north arrow and plan scale.
(5) 
Current zoning classification and, if applicable, proposed zoning classification, subdivision name, lot number and zoning of adjacent parcels.
(6) 
Title block including name of proposed project, applicant or owner.
(7) 
Proposed use of each building and distance from adjacent property lines and required setback lines.
(8) 
The location and size of each building on the site.
(9) 
Legal description of the parcel or lot, the dimensions and area of the lot or site.
(10) 
The height and number of stories of the proposed structure.
(11) 
Building schematic elevations depicting general size, shape and special design elements proposed as well as proposed materials to be used. Include two (2) sections at ninety degrees (90°) from each other through the proposed site and buildings.
(12) 
Location and identification of all easements (existing and proposed).
(13) 
Identification of utilities serving or proposed for the site, water shed, fire, school and ambulance districts.
(14) 
Location of existing and proposed sewage treatment, stormwater collection and detention (if applicable) and preliminary stormwater runoff calculations (if applicable) — amount of detention required and provided.
(15) 
Existing and proposed contour lines at five (5) feet intervals (or elevations based on mean sea level datum) including flood plain and wetland areas delineated.
(16) 
Site coverage data in a percentage form (a ratio of building and paved area to greenspace).
(17) 
The ratio of floor area to the site area.
(18) 
The location and number of proposed parking spaces, surface lots or structures in relation to the applicable parking regulations in Section 400.235. The layout shall include curb cuts, sidewalks, dimensional driveways and typical parking spaces showing handicapped parking accessibility, if any.
(19) 
Location and height of all light poles and trash enclosures.
(20) 
Existing and proposed landscaping including related site improvements such as walls, berms, fences, water features and walkways.
(21) 
Written approval or other written response or comments from the Missouri Department of Transportation, fire district, school district, ambulance district or other affected political subdivisions, where appropriate.
(22) 
An outboundary plat of the tract with a land surveyor's seal.
(23) 
Type, number and general location of proposed lots or units and maximum square footage of proposed buildings.
(24) 
Approximate location of all isolated trees having a trunk diameter of eight (8) inches or more, all tree masses and proposed landscaping.
(25) 
A minimum of two (2) cross section profiles through the site showing final building form, existing natural grade and proposed final grade.
(26) 
Proposed ingress into and egress from the site, including adjacent streets.
(27) 
Preliminary plan for provision of sanitary and stormwater sewers.
(28) 
Proposed source of potable water.
(29) 
Other detailed information and data as deemed necessary by the Zoning Officer or Public Works Commissioner.
(30) 
All appropriate fees and any additional information to be placed on the final development plan requested by the Zoning Officer, the Commission or the Aldermen. Possible additional information includes, but is not limited to, report on project features, anticipated project schedule or phasing schedule, flood plain study and traffic impact study.
B. 
Site Development Standards. In considering any application for approval of a final development plan, the following factors shall be considered in addition to any other information relevant to good planning practices:
1. 
The relationship of proposed uses, functions, sites and buildings within the development tract to each other;
2. 
The relationship of proposed uses, functions, sites and buildings within the tract to existing land uses and the permitted uses of adjoining tracts in accordance with sound planning and zoning practices and the Comprehensive Plan;
3. 
The provision for and distribution of adequate parking facilities;
4. 
The provision of proper means of access to and from public roads, particularly with respect to automotive and pedestrian safety;
5. 
The provision of site amenities including landscaping and fences;
6. 
Compliance with all requirements of this Title and consistency with the Comprehensive Plan; and
7. 
Any other factors relevant to the public health, safety, convenience and general welfare of the people of Pacific.
C. 
Review.
1. 
Upon receipt of the application for final development plan approval and associated documents, the Zoning Officer shall review the application and shall coordinate the review and analysis of the final development plan by the appropriate government officials, departments, agencies and representatives. The results of this review shall be compiled by the Zoning Officer and,
a. 
In the case of final development plan review without application for rezoning, resubdivision, conditional use or variance, shall issue a determination as to the sufficiency or insufficiency of the final development plan; or
b. 
Otherwise, shall forward the final development plan and the application package to the Commission for its consideration.
2. 
Upon its review and consideration of the final development plan, the Commission shall then recommend either approval, conditional approval or rejection of the final development plan. Approved and conditionally approved plans shall be forwarded to the Board of Aldermen. Rejected plans may be resubmitted with changes for a second (2nd) review by the Commission. Plans rejected a second (2nd) time may be submitted then to the Board of Aldermen. Two-thirds (⅔) of the members of the Board are needed to approve a final development plan that has been rejected two (2) times by the Commission.
D. 
Final Development Plan Bond And Enforcement. As a condition to approval of the final development plan, the Commission may recommend and the Board of Aldermen may require a deposit by the applicant with the City Clerk in the form of cash, certified check or surety bond acceptable to the City to insure performance of any obligations of the applicant to make improvements shown upon the final development plan. The deposit shall be in an amount fixed by the Commission sufficient to insure completion of the public improvements, landscaping and screening requirements. The Clerk shall rebate to the applicant, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire improvements shown upon the final development plan, provided the Commissioner of Public Works determines that such work completed is in accordance with the final development plan. The Building Commissioner, Zoning Officer and Commissioner of Public Works are authorized to enforce the completion of the project as approved in the final development plan and in addition to the provisions of Section 405.070 may issue stop work orders, withhold further permits or cause the forfeiture of the surety to insure the workmanlike completion of the public improvements and satisfaction of the landscaping and screening requirements.
[Ord. No. 3100, 8-20-2019]
A. 
Applicability. The requirements of this Section shall apply to the review of site plans where one (1) or more buildings are to be erected on a single lot, excepting the following:
1. 
Developments conditioned by planned district.
2. 
Single-family residential detached dwellings, including associated garages.
3. 
Non-residential buildings less than one thousand (1,000) square feet in gross floor area.
4. 
Additions to existing non-residential buildings when the addition is less than ten percent (10%) of the existing building's gross floor area, the addition does not exceed five thousand (5,000) square feet, no new curb cuts are required, and where new construction does not reduce existing parking or significantly modify existing on-site circulation as determined by the Planning Director.
5. 
Enclosed stairwells.
6. 
Canopies constructed over existing walkways, loading docks or pump islands, where new construction does not reduce existing parking or significantly modify existing on-site circulation, as determined by the Planning Director.
B. 
Procedures.
1. 
Site plans shall be reviewed and approved by the City of Pacific and the Department of Planning in accordance with the following:
a. 
Compliance of the site plan with Code of Ordinance requirements shall be established by the Planning Director or his or her designee.
b. 
Review Of Plans; Improvement Of Streets.
(1) 
The Department (or County Department of Highways and Traffic or MoDOT, as applicable) shall review and approve the right-of-way, pavement required, curb cuts, and other design features of abutting public streets or private or new streets, other than multiple-family access drives within the development connecting the development with a major street or streets. Additional streets may be required for the public healthy, safety and welfare, when determined necessary by the City of Pacific. On such streets, the City of Pacific shall determine the requirements for rights-of-way, street width, width of curb cuts, street trees, sidewalks, and any other improvements in adjacent rights-of-way where not covered elsewhere in the Code of Ordinances.
(2) 
The City of Pacific shall review and approve the plans for conceptual compliance with the various codes and ordinances relating to grading, drainage, silt control, storm sewer services, floodplain (as it affects the development), and other applicable requirements.
(3) 
At such times as a development is proposed adjacent to a street that is accepted and maintained by the City of Pacific, that street shall be improved in accordance with the City of Pacific standards, and the cost of improvement of and the dedication of half of the right-of-way adjacent to the proposed development shall be included in the overall development improvements.
c. 
The Department shall review and approve the internal traffic and pedestrian circulation system, landscaping, parking areas, and additional characteristics of site design, as deemed appropriate. Landscaping may include recontouring, building of earth berms, vegetative covering, screening or other material alteration of the site as deemed appropriate to enhance areas outside the public right-of-way or to preserve the integrity of adjacent properties. Internal circulation shall include the location, nature, extent, construction and design of internal driveway lanes (including multiple-family access streets), parking lots, driveways to or through parking lots, and any other facilities that provide vehicular access to buildings, structures, and improvements upon a given lot or tract.
2. 
The Department shall review and approve the plans for compliance with all codes and ordinances relating to land development and improvements.
3. 
Prior to site plan approval, provide a geotechnical report, prepared by a registered professional engineer licensed to practice in the State of Missouri, as directed by the City of Pacific. The report shall verify the suitability of grading and proposed improvements with soil and geologic conditions and address the existence of any potential sinkhole, ponds, dams, septic fields, etc., and recommendations for treatment. A statement of compliance, signed and sealed by the geotechnical engineer preparing the report, shall be included on all site plans and improvement plans.
C. 
Site Plan Contents.
1. 
For a site plan to be accepted for review, the following information shall be either placed on the site plan or on a separate sheet accompanying the plan:
a. 
Location map, North arrow, and plan scale.
b. 
Zoning district, subdivision name, lot number, dimensions and area, and zoning of adjacent parcels where different than site.
c. 
Name, address, and telephone number of the person or firm submitting the plan, and the person or firm who desires the review comments forwarded to him or her.
d. 
Proposed use of the building and its construction type and distance from adjacent property lines.
e. 
Off-street parking spaces, required and proposed, including the number, size, and location of those designated for the handicapped.
f. 
Type of sanitary sewage treatment and stormwater drainage facilities, including retention ponds.
g. 
Dimensions of existing and proposed roadway pavement and right-of-way width for streets abutting the site.
h. 
Existing and proposed landscaping, including name and size of plant material.
i. 
Existing and proposed contour lines or elevations based on mean sea level datum, unless otherwise waived by the Department.
j. 
Location and size of existing and proposed freestanding signs.
k. 
Location and identification of all easements (existing and proposed).
l. 
Location and height of all light poles.
m. 
Overall dimensions of all buildings and the gross floor area of each building.
n. 
Approximate location of any stormwater detention facilities, sink holes and springs, silt berms, ponds and other silt-control facilities.
o. 
Floor area ratio of proposed development, except in single-family attached and detached residential developments.
p. 
Open space percentage of proposed development.
q. 
Tree stand delineation for area to be developed.
2. 
Additional information to be placed on the site plan, beyond the requirements listed above may be requested based on a joint review of the plans by authorized departmental representatives of the City of Pacific.
D. 
Review Schedule. Upon verification of compliance with the site plan requirements stated in Subsection (C) and any other applicable development standards in the City Code of Ordinances, the plan shall be approved by the Department. If the plan fails to be in compliance with the requirements of Subsection (C) or any other applicable development standards in the City of Code of Ordinances a letter shall be forwarded to the person or firm submitting the plan stating the comments of the reviewing Department. Within thirty (30) days from the date on the comment letter, revised plans addressing the listed comments shall be submitted for further review. If revised plans are not submitted within the specified time limit, review of the site plan will be terminated.
E. 
Minimum Requirements. The requirements for site plan review contained in this Section shall apply as the minimum requirements. Additional requirements may be stated, as necessary, and written into a policy memorandum.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2834 §2, 6-6-2012]
A. 
Notice And Hearings. Whenever the provisions of this Title require notice and hearing, the following procedures herein shall govern.
1. 
Time of publication, content. It is the responsibility of the Zoning Officer to see that notice, commencing not more than thirty (30) days nor less than fifteen (15) days prior to the hearing date, of the time and place of the hearing is published in a newspaper of general circulation qualified to publish legal notice in the City of Pacific and posted on the official website of the City of Pacific. The notice shall state the date, time and place of the hearing, the name of the person making the application, the specific action requested and a general description of the location of the subject property. When applicable, the notice shall also state where copies of reports, documents, applications, plans or other relevant materials will be accessible for public inspection prior to the hearing. The cost of publication in said newspaper shall be at the applicant's expense.
2. 
Posting notice. In addition to publishing notice, the Zoning Officer shall post notice, consisting of the same information as required in paragraph (1), in at least two (2) places on the subject property or its immediate vicinity, as well as at the City Hall of the City of Pacific. Notice shall be posted at least fifteen (15) calendar days prior to the public hearing at points nearest to the rights-of-way of any street or roadway abutting such land so as to be clearly visible to the traveling public. The notice, as posted, shall contain a caption in large letters stating the nature of the proposed action.
3. 
Notification of neighboring landowners. The applicant shall make a good faith effort to mail notice, consisting of the same information as required for publication in paragraph (1), to all landowners of record within one hundred eighty-five (185) feet from each legal boundary of the subject property. This notice shall be sent by certified mail at applicant's expense. The applicant shall provide to the Zoning Officer no less than seven (7) days prior to the public hearing receipts of the certified mailing. The Zoning Officer shall verify the accuracy of the receipts and compliance with the ordinance. Failure to submit receipts on time shall automatically continue the hearing to the next hearing date. The submission of said receipts shall serve proof of the applicant's good faith effort to provide additional notice to the adjacent property owners. In addition to the receipts, the applicant shall provide the Zoning Officer with a map showing the subject property and any neighboring properties affected under this paragraph along with the locator numbers of each property shown. All applicants shall be required to sign a form, attached to the application, that they have read and understand these notification requirements. For any subsequent required public hearings, the applicant shall provide to the Zoning Officer the notification letters properly sealed in an envelope, addressed to the property owners within one hundred eighty-five (185) feet and with the proper postage attached to be sent regular mail. The Zoning Officer shall then review the envelopes with the list of property owners to verify that applicant has made a good faith attempt to notify said property owners.
4. 
Record of proceeding. The Zoning Officer shall provide for maintaining a record of the hearing and for taking statements, evidence and testimony.
5. 
Hearing dates. The Zoning Officer shall establish and maintain a schedule of hearing dates and corresponding application submittal deadlines.
6. 
Minimum notice. Failure to comply with any additional notice or posting requirements herein which are greater than required by State law shall not be a basis for invalidation of any approval or enactment.
B. 
Fees.
1. 
Establishment. Upon receipt of the recommendations of the City Administrator and the Zoning Officer, the Board of Aldermen shall annually establish a schedule of fees, charges and deposits and a collection procedure for all matters pertaining to this Chapter. The schedule of fees, charges and deposits shall be filed with the City Clerk and in the office of the Zoning Officer. Until all applicable fees, charges, deposits and expenses (including all advertising costs relating to public hearings) have been paid in full, no action shall be taken on any matter or on any appeal pursuant to this Title.
2. 
Schedule.
Type of Permit
Residential or Non-Profit
Commercial or Industrial
Conditional Use Permit
$250.00
$350.00
Variance Request
100.00
100.00
Rezoning Request
250.00 plus 50.00/acre
275.00
Boundary Adjustment
75.00
75.00
Preliminary Plat
100.00 plus 30.00/lot or dwelling, whichever is greater
175.00 plus 100.00/acre
Final Plat
250.00
275.00
Floodplain Development
Permit
25.00
50.00
Planned Unit District
250.00***
250.00***
***
plus fees set forth in Subsection below.
Above fees do not include recording fees. Any amount of the user fees above in excess of the actual administrative or other fairly proportioned costs relating to the submission shall be refunded to the applicant upon written application. Any such costs incurred by the City in excess of the fees paid shall be paid by the applicant prior to such final approval.
C. 
Planned Uses — Additional Legal And Planning Review. Each application for a Planned Unit District shall be submitted for review to the City's staff or consultants. To the extent the City incurs actual costs from such review, the applicant shall bear such reasonable costs. Unless other studies or additional review is contemplated or unless waived by the Board of Aldermen, the applicant shall submit a deposit at the time of application of two thousand dollars ($2,000.00) to cover such expenses. In the event actual reasonable costs are or are expected to be in excess of this deposit, the Board shall inform applicant of such costs and applicant shall provide payment. Any amount of the deposit not used by the City for review purposes shall be refunded to the applicant. The deposit for review services shall be made by the applicant prior to formal review or processing by the City.
[Ord. No. 2327 §1, 3-18-2003]
A. 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this Title or other regulations made under authority conferred by this Title, the proper local authority of this municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. The regulations shall be enforced by the Zoning Officer and the Building Commissioner who are empowered to cause any building, structure, place or premises to be inspected or examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this Title or other regulations made under authority conferred by this Title.
B. 
The owner or general agent of the building or premises where a violation of any provision of said regulations has been committed or shall exist or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful or reckless, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
C. 
Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provisions of the regulations made under authority of this Title or other regulations made under authority conferred by this Title in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
[1]
Editor's Note: Former Section 405.080, Comprehensive Plan, was repealed 8-15-2017 by Ord. No. 3027.
[Ord. No. 2327 §1, 3-18-2003]
For any submittal requiring City approval of an application for a rezoning, conditional use permit, planned development plan or site plan, the Board of Aldermen, Planning Commissioner or other designated entity or official may require applicants to submit any technical studies that the City deems necessary to enable the appropriate person or entity to fully evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies or surface water management/drainage studies. The persons or firms preparing the studies shall be approved by the City Engineer. The costs of all studies shall be borne by the applicant.