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2003, repealed chapter 405 and enacted new provisions set out herein.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.
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.
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.
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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.
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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.
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.
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:
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").
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.
(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.
[Ord. No. 3373, 5-2-2023]
2.
Posting notice. In addition to publishing notice,
the Zoning Officer shall see that a sign providing notice of a pending
zoning matter is posted on the subject premises or property or City
block, 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.
[Ord. No. 3263, 5-4-2021; Ord.
No. 3373, 5-2-2023]
3.
Notification of neighboring landowners. In addition to the provisions of Subsections (A)(1) and (A)(2) above, the Zoning Officer shall be responsible for mailing notice, consisting of the same information as required for publication in Subsection (A)(1), to all landowners of record within two hundred fifty (250) feet from each legal boundary of the subject property. This notice shall be sent by certified mail at applicant's expense. The Zoning Officer shall use publicly available land records published by the County of residence in determining landowners of record. Mailed notice shall be postmarked at least fifteen (15) calendar days prior to the public hearing. The Zoning Officer shall verify the accuracy of the certified mail receipts and compliance with the ordinance.
[Ord. No. 3373, 5-2-2023]
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.
