Pacific City Zoning Code
ARTICLE II
District Regulations
Section 400.050 Districts - Generally.
[Ord. No. 2327 §1, 3-18-2003]
In order to classify and regulate the location of businesses, trades, industries, residences and other land uses and the location of buildings designed for specific uses; to regulate and limit the height and bulk of buildings hereafter erected, reconstructed or altered; to regulate and limit the intensity of the use of lot areas; and to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings; the City of Pacific is hereby divided into twelve (12) districts:
Use Classification | Short Name | Zoning District |
|---|---|---|
Non-Urban | "NU" | Non-Urban District |
Residential | "R1-E" | Single-Family Estate District |
"R1-H" | Single-Family Hillside District | |
"R1-A" | Single-Family District | |
"R1-B" | Single-Family District | |
"R1-C" | Single-Family District | |
"R-2" | Two-Family District | |
"R-3" | Multiple-Family District | |
Commercial | "C-1" | Downtown Commercial District |
"C-2" | Arterial Commercial District | |
Industrial | "M-1" | Light Industrial District |
"M-2" | Heavy Industrial District | |
Mixed Use | "PUD" | Planned Unit Overlay District |
Section 400.060 "NU" Non-Urban District.
[Ord. No. 2327 §1, 3-18-2003]
A.
This district is composed of those areas of the City, the principal use of which is and ought to be agricultural and single-family dwellings on large sized lots.
B.
Permitted Use Regulations. A building or premises shall be used only for the following purposes:
1.
Agricultural, farming, dairy, stock raising, including poultry raising, orchards, nurseries, greenhouses, truck gardens, raising birds, bees, rabbits and other animals, fish and other creatures and other agricultural activities, including single-family, detached dwellings, barns and incidental buildings commonly required for the operation of a farm, including the sale of products produced on the premises. Pole barn-type structures shall be allowed only in "NU" Non-Urban Districts.
2.
Church.
3.
Kennel and veterinary establishment, but not nearer than seven hundred fifty (750) feet to any zoned residential district or dwelling other than the dwelling of the lessee or owner of the site.
4.
Grain elevator and the usual accessory structures, including buildings for seasonal or temporary storage of grain.
5.
Park, playground and community building owned or operated by a public agency.
6.
Private club, lodge, recreational building, including such structures and uses as are necessary for their operation excepting, however, those the chief activity of which is a service customarily carried on as a business.
7.
Public school, elementary and high, or private school having a curriculum similar to that ordinarily given in a public elementary school or public high school including religious instruction in parochial schools.
8.
Public and private forest and wildlife reservation.
9.
Riding stable.
10.
Single-family, detached dwelling.
11.
Accessory building or use customarily incidental to the above uses, but not including the conduct of a business.
12.
Marijuana cultivation facility (outside).
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
C.
Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section 405.040 of this Title subject to such other restrictions and conditions as deemed necessary:
1.
Golf driving ranges.
2.
Gun clubs, skeet or trap shoots, outdoor target and archery ranges.
3.
Penal or correctional facilities.
4.
Recreation vehicle and travel trailer camps.
5.
Short-term vacation rentals.
[Ord. No. 3195, 6-2-2020]
6.
Any other use deemed appropriate by both the Zoning Officer and the City Administrator/Clerk and approved by the Planning and Zoning Commission and the Board of Aldermen.
D.
Bulk Regulations. The following regulations shall apply in all "NU" Non-Urban Districts.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Single-family dwellings shall be located on lots containing an area of not less than three (3) acres. | |
Minimum Lot Width | The minimum lot width shall be two hundred twenty-five (225) feet at the building line. | |
Maximum Lot Coverage | The maximum lot coverage shall not exceed thirty percent (30%). | |
Yard/Setback | Front | Not less than fifty (50) feet from the right-of-way |
Side | Not less than thirty (30) feet except in the case of a corner lot where the side yard on the street side shall not be less than fifty (50) feet | |
Rear | Not less than fifty (50) feet | |
Special | Where livestock is raised or kept, no structure or storage of hay, feed or manure shall be located less than one hundred (100) feet from a property line. | |
Maximum Height | Dwelling or non-farm building or structure | Forty (40) feet |
General or specialized farm building or structures | Fifty (50) feet | |
Minimum Floor Area | n/a | |
E.
Sewer. Where a use is not connected to a public sewer, the plan for on-site disposal shall be sufficient to meet current health standards and shall be accompanied by an engineer's report, by a registered engineer, stating such sufficiency. Any on-site disposal plan and report shall require the review and approval of the Commissioner of Public Works upon application for a building permit.
H.
Minimum Floor Area. One thousand three hundred (1,300) square feet of floor area consisting only of those floor areas that intersect the outer walls of the dwelling exclusively above grade.
Section 400.070 "R1-E" Single-Family Estate District Regulations.
[Ord. No. 2327 §1, 3-18-2003]
A.
This district is composed of those areas of the City, the principal use of which is and ought to be single-family dwellings on larger size lots. The regulations of this district are designed to create and preserve a predominantly suburban character shown in larger lot sizes, lower densities and other regulations.
C.
Bulk Regulations.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Twenty thousand (20,000) square feet | |
Minimum Lot Width | One hundred (100) feet | |
Maximum Lot Coverage | The maximum lot coverage shall not exceed thirty percent (30%). | |
Yard/Setback | Front | Each lot upon which a dwelling is constructed shall have a front yard of not less than fifty (50) feet. When a lot has double frontage, the required front yard shall be provided on both streets. |
Side | On each lot upon which a dwelling is constructed, there shall be a side yard on each side of the dwelling of at least twelve (12) feet. | |
Rear | Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty (20) feet. | |
Maximum Height | No more than two (2) stories; up to a maximum height of forty (40) feet, measured from the grade at the front door threshold of such building or structure. | |
Minimum Floor Area | One thousand three hundred (1,300) square feet of floor area, consisting only of those floor areas that intersect the outer walls of the dwelling exclusively above grade. | |
Section 400.080 "R1-H" Single-Family Hillside District Regulations.
[Ord. No. 2327 §1, 3-18-2003]
A.
This district is composed of the hillside areas of Pacific, the principal use of which is and ought to be single-family dwellings. The regulations in this district are designed to minimize soil and slope instability, erosion, sedimentation and water runoff and to protect the water quality and natural character of the hillside areas.
C.
Density Requirements.
1.
In a Residential Hillside District, overall density shall be based upon the average slope of the land to be developed in accordance with the following table:
Category | % of Slope | Density |
|---|---|---|
A | 0 — 15 | 1 dwelling unit per acre |
B | 16 — 25 | 1 dwelling unit per 2 acres |
C | 26 — 35 | 1 dwelling unit per 4 acres |
D | 36 and over | 1 dwelling unit per 5 acres |
For the purpose of this Section, the average slope of the land to be developed shall be determined according to the following formula: | ||
S = .0023IL/A | ||
S is the average slope in percent. I is the contour interval in feet. L is the combined length in feet of the contour lines within the land to be developed. A is the area in acres of the land to be developed. | ||
USGS seven and one-half (7½) minute quadrangle mapping (with a maximum of ten (10) foot contour intervals and enlarged to one (1) inch equals one thousand (1,000) feet if available) shall serve as the standard criteria for determining slope categories. As an alternative to using the published maps, specific mapping by a professional land surveyor, with contour intervals of ten (10) feet or less, may be submitted. Such mapping shall be certified as having contours based on an actual field survey and the contours shall be tied to the National Geodetic Vertical Datum. |
2.
Nothing in this Section precludes creating one (1) lot, tract or parcel of any size in addition to those proposed for dwelling construction if such lot, tract or parcel is identified as permanent non-buildable open area owned in common by, and for the enjoyment of, individual owners within the development.
D.
Bulk Regulations.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | One (1) acre (subject to additional density requirements above) | |
Minimum Lot Width | In the area proposed for dwelling construction, the width shall be a minimum of seventy (70) feet and equal to at least twenty-five percent (25%) of the depth of the lot. | |
Maximum Lot Coverage | Twenty percent (20%) of the lot area. | |
Yard/Setback | Front | Each lot upon which a dwelling is constructed shall have a front yard of not less than twenty-five (25) feet. |
Side | On each lot upon which a dwelling is constructed, there shall be a side yard on each side of at least twenty-five (25) feet. | |
Rear | Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty-five (25) feet. | |
Maximum Height | No more than two (2) stories; up to a maximum height of forty (40) feet, measured from the grade at the front entrance of such building or structure. | |
Minimum Floor Area | One thousand three hundred (1,300) square feet of floor area, consisting only of those floor areas that intersect the outer walls of the dwelling exclusively above grade. | |
Section 400.090 "R1-A" Single-Family District Regulations.
[Ord. No. 2327 §1, 3-18-2003]
A.
This district is composed of those areas of the City, the principal use of which is and ought to be single-family dwellings on moderately sized lots. The regulations of this district are designed to create and preserve a predominantly urban character reflected in smaller lot sizes and higher densities.
B.
Permitted Use Regulations. A building or premises shall be used only for the following purposes:
1.
Single-family detached dwellings, including modular type.
2.
Park, playground or community building owned or operated by a public agency.
3.
Public school, either elementary or high, or private school having a curriculum similar to that ordinarily given in a public elementary school or public high school including religious instruction in parochial schools.
4.
Church or similar house of worship.
C.
Bulk Regulations.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Seven thousand five hundred (7,500) square feet | |
Minimum Lot Width | Eighty (80) feet | |
Maximum Lot Coverage | Thirty percent (30%) of the lot area | |
Yard/Setback | Front | Each lot upon which a dwelling is constructed shall have a front yard of not less than twenty-five (25) feet and an additional one (1) foot setback for every two (2) feet of building height over twenty-five (25) feet. When a lot has double frontage, the required front yard shall be provided on both streets. |
Side | On each lot upon which a dwelling is constructed, there shall be a side yard on each side of at least ten (10) feet. | |
Rear | Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty (20) feet. | |
Maximum Height | No more than two (2) stories; up to a maximum height of forty (40) feet, measured from the grade at the front entrance of such building or structure. | |
Minimum Floor Area | One thousand (1,000) square feet of floor area, consisting only of those floor areas that intersect the outer walls of the dwelling exclusively above grade. | |
Section 400.091 "R1-B" Single-Family District Regulations.
[Ord. No. 2327 §1, 3-18-2003]
A.
This district is composed of those areas of the City, the principal use of which is and ought to be single-family dwellings on moderately sized lots. The regulations of this district are designed to create and preserve a predominantly urban character shown in smaller lot sizes, higher densities and other regulations.
B.
Permitted Use Regulations. A building or premises shall be used only for the following purposes:
1.
Single-family detached dwellings, including modular type.
2.
Park, playground or community building owned or operated by a public agency.
3.
Public school, either elementary or high, or private school having a curriculum similar to that ordinarily given in a public elementary school or public high school including religious instruction in parochial schools.
4.
Church or similar house of worship.
C.
Bulk Regulations.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Ten thousand (10,000) square feet | |
Minimum Lot Width | Eighty (80) feet | |
Maximum Lot Coverage | Thirty percent (30%) of the lot area | |
Yard/Setback | Front | Each lot upon which a dwelling is constructed shall have a front yard of not less than twenty-five (25) feet and an additional one (1) foot setback for every two (2) feet of building height over twenty-five (25) feet. When a lot has double frontage, the required front yard shall be provided on both streets. |
Side | On each lot upon which a dwelling is constructed, there shall be a side yard on each side of at least twelve (12) feet. | |
Rear | Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty (20) feet. | |
Maximum Height | No more than two (2) stories; up to a maximum height of forty (40) feet, measured from the grade at the front entrance of such building or structure. | |
Minimum Floor Area | One thousand one hundred (1,100) square feet of floor area, consisting only of those floor areas that intersect the outer walls of the dwelling exclusively above grade. | |
Section 400.092 "R1-C" Single-Family District Regulations.
[Ord. No. 2327 §1, 3-18-2003]
A.
This district is composed of those areas of the City, the principal use of which is and ought to be single-family dwellings on moderately sized lots. The regulations of this district are designed to create and preserve a predominantly urban character shown in smaller lot sizes, higher densities and other regulations.
B.
Permitted Use Regulations. A building or premises shall be used only for the following purposes:
1.
Single-family detached dwellings, including modular type.
2.
Park, playground or community building owned or operated by a public agency.
3.
Public school, either elementary or high, or private school having a curriculum similar to that ordinarily given in a public elementary school or public high school including religious instruction in parochial schools.
4.
Church or similar house of worship.
C.
Bulk Regulations.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Twelve thousand (12,000) square feet | |
Minimum Lot Width | Ninety (90) feet | |
Maximum Lot Coverage | Thirty percent (30%) of the lot area | |
Yard/Setback | Front | Each lot upon which a dwelling is constructed shall have a front yard of not less than thirty (30) feet and an additional one (1) foot setback for every two (2) feet of building height over twenty-five (25) feet. When a lot has double frontage, the required front yard shall be provided on both streets. |
Side | On each lot upon which a dwelling is constructed, there shall be a side yard on each side of at least twelve (12) feet. | |
Rear | Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty (20) feet. | |
Maximum Height | No more than two (2) stories; up to a maximum height of forty (40) feet, measured from the grade at the front entrance of such building or structure. | |
Minimum Floor Area | One thousand two hundred (1,200) square feet of floor area, consisting only of those floor areas that intersect the outer walls of the dwelling exclusively above grade. | |
Section 400.100 "R-2" Two-Family Residential District Regulations.
[Ord. No. 2327 §1, 3-18-2003]
A.
This district is composed of those areas, the principal use of which is and ought to be two-family dwellings on moderately sized lots. The regulations of this district are designed to create and preserve a predominantly urban character reflected in lot sizes, higher densities and other requirements.
B.
Permitted Use Regulations. A building or premises shall be used for only the following purposes:
1.
Two-family dwellings.
2.
Park, playground or community building owned or operated by a public agency.
3.
Public school, either elementary or high, or private school having a curriculum similar to that ordinarily given in a public elementary school or public high school including religious instruction in parochial schools.
4.
Church or similar house of worship including its religious or charitable outreach facilities, provided such are located on the same or an adjoining parcel. In the case of child or adult day care facilities, no more than fifteen (15) children or adults shall be provided care at one time.
C.
Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section 405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
D.
Bulk Regulations.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Fourteen thousand (14,000) square feet | |
Minimum Lot Width | One hundred (100) feet | |
Maximum Lot Coverage | Thirty percent (30%) of the lot area | |
Yard/Setback | Front | Each lot upon which a dwelling is constructed shall have a front yard of not less than twenty-five (25) feet and an additional one (1) foot setback for every two (2) feet of building height over twenty-five (25) feet. When a lot has double frontage, the required front yard shall be provided on both streets. |
Side | On each lot upon which a dwelling is constructed, there shall be a side yard on each side of at least ten (10) feet. | |
Rear | Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty (20) feet. | |
Maximum Height | No more than two (2) stories; up to a maximum height of forty (40) feet, measured from the grade at the front door threshold of such building or structure. | |
Section 400.110 "R-3" Multiple-Family District Regulations.
[Ord. No. 2327 §1, 3-18-2003]
A.
This district is composed of those areas, the principal use of which is and ought to be multiple-family dwellings. The regulations of this district are designed to create and preserve a predominantly urban character reflected in permitted uses and higher densities.
B.
Permitted Use Regulations. A building or premises shall be used only for the following purposes:
1.
Apartment house, containing three (3) or more units.
2.
Park, playground or community building owned or operated by a public agency.
3.
Public school, either elementary or high, or private school having a curriculum similar to that ordinarily given in a public elementary school or public high school including religious instruction in parochial schools.
4.
Church or similar house of worship, including religious or charitable outreach facilities.
5.
Housing for senior citizens, including all levels of nursing care.
6.
Child and adult day care facility.
7.
Child residential treatment facility.
C.
D.
Bulk Regulations.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Twenty thousand (20,000) square feet | |
Minimum Lot Width | One hundred (100) feet | |
Maximum Lot Coverage | The amount of gross site area covered by buildings and structures, surface parking and pavement for automobile circulation shall not exceed seventy-five percent (75%). | |
Yard/Setback | Front | Each lot upon which a dwelling is constructed shall have a front yard of not less than thirty-five (35) feet. When a lot has double frontage, the required front yard shall be provided on both streets. |
Side | On each lot upon which a dwelling is constructed, there shall be a side yard on each side of at least ten (10) feet. | |
Rear | Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than thirty (30) feet and ten (10) feet for each additional story above two (2) stories. | |
Maximum Height | No more than two (2) stories; up to a maximum height of forty (40) feet, measured from the grade at the front door threshold of such building or structure. | |
Section 400.120 "C-1" Downtown Commercial District Regulations.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2384 §1, 5-18-2004; Ord. No. 2392 §1, 6-15-2004; Ord. No. 2482 §1, 12-6-2005; Ord. No. 2834 §1, 6-6-2012]
A.
This district is composed of those areas of the City, the principal use of which is and ought to be retail sales, banking facilities, office space, personal services and government facilities. Except where a PUD shall be required or shall be otherwise approved as set forth in Section 400.160, this Section establishes the authorized uses and district regulations for the "C-1" District.
B.
Permitted Use Regulations. A building or premises shall be used only for the following purposes:
1.
Uses permitted in "R-1" and "R-3" zoning districts, provided that residential uses within the same property or structure as authorized commercial uses in this district shall be limited to one (1) single-family dwelling use and require an approved site plan, unless otherwise expressly permitted by planned use ordinance.
2.
Stores in which beverages, pharmaceuticals, household supplies and personal use items are sold at retail.
3.
Retail service establishments, including:
a.
Barbershops and beauty shops.
b.
Florist shops.
c.
Dry cleaning pickup stations, including plants or laundry facilities.
d.
Self-service laundry.
e.
Shoe repair shops.
f.
Custom dressmaking and tailoring.
g.
Picture frame shops.
h.
Photography studio.
i.
Watch repair.
j.
Opticians and optometrists.
k.
Licensed and certified massage therapists operating in or from a hospital, nursing home, sanitaria, barbershop or beauty shop with barbers and beauticians duly licensed by the State or athletic trainers working under the direction and control of such persons.
4.
Grocery stores, delicatessens and specialty food sales.
5.
Bakeries, restricting the processing or bakery goods to those for sale only on the premises.
6.
Household appliance sales and repair.
7.
Home and office furniture and furnishings sales and repair, including antiques and interior decoration.
8.
Pet shops, pet sales, food and supplies.
9.
Lawn equipment sales and services, garden supplies.
10.
Hardware, paint, glass or wallpaper sales.
11.
Medical or dental clinic or laboratory.
12.
Printing, lithography and publishing, including office duplicating.
13.
Offices of a business, institutional, government, professional and medical nature.
14.
Assembly halls and private clubs, lodges or organizations of a fraternal or religious nature.
15.
Undertaking establishments and funeral parlors.
16.
Radio, television broadcasting studios.
17.
Private or public schools.
18.
Churches and similar houses of worship.
19.
Banking facilities including separate, freestanding drive-in facilities.
20.
Publicly owned and operated facilities of an administrative, recreational, transportation, public safety maintenance, storage or service nature.
21.
Child and adult day care centers.
22.
Legally existing single-family dwellings.
23.
Legally existing single-family attached dwellings.
24.
Mixed residential and commercial uses within legally existing commercial buildings.
25.
Convenience stores, including stores selling non-convenience items in addition to convenience store items.
26.
Equipment rental businesses that required outdoor storage that does not exceed the allowable lot coverage (80%).
27.
Farmers' markets.
28.
Fruit and vegetable stands, outdoors.
29.
Gasoline service station.
30.
Restaurants.
31.
Marijuana dispensary facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
32.
Short-term vacation rentals shall be a permitted use in the following areas:
[Ord. No. 3195, 6-2-2020]
33.
Massage establishments and outcall massage services, in accordance with Chapter 645 of the Municipal Code of the City of Pacific.
[Ord. No. 3365, 2-21-2023]
34.
Tattoo establishments.
[Ord. No. 3365, 2-21-2023]
The construction or reconstruction of more than fifty percent (50%) of any primary structure within the "C-1" Downtown Commercial District shall require a Planned Unit Development designation. |
C.
Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section 405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
1.
Sales and service of new or used automobiles, trucks, trailers, motorcycles and other vehicles, including the sale of new and used parts, vehicle body and mechanical repair, vehicle washing and detail cleaning and vehicle towing and storage.
2.
Equipment rental businesses that require outdoor storage. (Exceeding allowable lot coverage.)
3.
Miniature golf courses.
4.
Group homes limited to eight (8) persons in treatment.
5.
Gun clubs, skeet or trap shoots, outdoor target and archery ranges.
6.
Hospitals, urgent care facilities, clinics and blood donation centers.
7.
Kennels, animal hospitals, veterinary clinics.
8.
Liquor stores.
10.
Nightclubs and cocktail lounges, taverns.
12.
Poolrooms, billiard halls, in accordance with Chapter 615 of the Municipal Code of the City of Pacific.
13.
Recreational and athletic fields and facilities, both indoor and outdoor, where alcoholic beverages are served.
14.
Recycling facilities, including refuse truck depots and refuse transfer stations.
15.
Stores selling exclusively or selling among other items books, magazines, audio tapes, video tapes or paraphernalia which may be deemed as pornographic by community standards.
17.
Any other use deemed appropriate by both the Zoning Officer and City Administrator/Clerk and approved by the Planning and Zoning Commission and Board of Aldermen.
D.
Bulk Regulations.
Bulk Regulations for Individual Lots | |||
|---|---|---|---|
Minimum Lot Area | Seven thousand five hundred (7,500) square feet | ||
Minimum Lot Width | One hundred (100) feet | ||
Maximum Lot Coverage | The amount of gross site area covered by buildings and structures, surface parking, pavement for automobile circulation or permitted exterior business services, storage, merchandise display, repair or processing shall not exceed the following: | ||
Office and institutional uses | 70% | ||
Other retail business or commercial uses | 80% | ||
Yard/Setback | Front | Residential structure:ten (10) feet Commercial structure:zero (0) feet | |
Side | Residential structure:five (5) feet Commercial structure:zero (0) feet | ||
Rear | Residential structure:five (5) feet Commercial structure:zero (0) feet | ||
Maximum Height | No more than three (3) stories; up to a maximum height of fifty (50) feet to be measured from the front door threshold. | ||
Section 400.130 "C-2" Arterial Commercial District Regulations.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2392 §2, 6-15-2004; Ord. No. 2482 §2, 12-6-2005]
A.
This district is composed of those areas of the City, the principal use of which is and ought to be regional commercial and retail centers and entertainment facilities. Except where a PUD shall be required or shall be otherwise approved as set forth in Section 400.160, this Section establishes the authorized uses and district regulations for the "C-2" District.
B.
Permitted Use Regulations. A building or premises shall be used only for the following purposes:
1.
Hotels, motels.
2.
Movie theaters, bowling alleys and other indoor sports and recreational facilities.
3.
Retail stores generally found in regional shopping facilities, including, but not limited to:
a.
Clothing and apparel.
b.
Hobby and sports equipment.
c.
Gifts, novelties and jewelry.
d.
Dry goods.
e.
Toys.
f.
Barber and beauty shops.
g.
Florist shops.
h.
Dry cleaning pickup stations.
i.
Self-service laundry.
j.
Shoe repair shops.
k.
Picture framing shops.
l.
Photography studios.
m.
Watch repair.
n.
Opticians and optometrists.
o.
Pet shops, pet sales, food and supplies.
p.
Grocery stores, delicatessens and specialty food sales.
q.
Bakeries, restricting the processing of bakery goods to those for sale only on the premises.
r.
Household appliance sales and repair.
s.
Home and office furniture and furnishings, sales and repair, including antiques and interior decoration.
t.
Lawn equipment sales and services, garden supplies.
u.
Hardware, paint, glass or wallpaper sales.
v.
Medical or dental clinic or laboratory.
w.
Licensed and certified massage therapists operating in and from a hospital, nursing home, sanitaria, barbershop or beauty shop with barbers and beauticians duly licensed by the State or athletic trainers working under the direction and control of such persons.
4.
Offices of a business, institutional, professional or medical nature.
5.
Banking facilities.
6.
Church.
7.
Legally existing single-family dwellings.
[Ord. No. 2908 §§ 1 — 2, 7-1-2014]
8.
Marijuana dispensary facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
9.
Massage establishments and outcall massage services, in accordance with Chapter 645 of the Municipal Code of the City of Pacific.
[Ord. No. 3365, 2-21-2023]
10.
Tattoo establishments.
[Ord. No. 3365, 2-21-2023]
11.
Restaurants.
[Ord. No. 3365, 2-21-2023]
The construction or reconstruction of more than fifty percent (50%) of any primary structure within the "C-2" Arterial Commercial District shall require a Planning Unit Development designation. |
C.
Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section 405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
1.
Sales and service of new or used automobiles, trucks, trailers, motorcycles and other vehicles, including the sale of new and used parts, vehicle body and mechanical repair, vehicle washing and detail cleaning and vehicle towing and storage.
2.
Communications towers.
3.
Golf driving ranges, miniature golf courses.
4.
Hospitals, urgent care facilities, clinics and blood donation centers.
5.
Animal hospitals and veterinary clinics.
6.
Outdoor recreational and athletic fields and facilities where alcoholic beverages are served.
7.
Recreation vehicle and travel trailer camps.
8.
Short-term vacation rentals.
[Ord. No. 3195, 6-2-2020]
9.
Any other use deemed appropriate by both the Zoning Officer and City Administrator/Clerk and approved by the Planning and Zoning Commission and Board of Aldermen.
D.
Bulk Requirements.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Twenty-two thousand (22,000) square feet | |
Minimum Lot Width | One hundred (100) feet | |
Maximum Lot Coverage | The amount of gross site area covered by buildings and structures, surface parking and pavement for automobile circulation or permitted exterior business services, storage, merchandise display, repair or processing shall not exceed the following: Office and institutional uses70% Retail business or commercial uses other than offices80% | |
Yard/Setback | Front | Building facades shall be placed a minimum of fifteen (15) feet and a maximum of fifty (50) feet from the public right-of-way line. Average front yard distance shall create a consistent line for structures along the same side of the street within any block. |
Side | Buildings shall have side and rear setbacks a minimum of ten (10) feet, but if a side and/or rear yard abuts a residential district, a side and/or rear yard of twenty-five (25) feet shall be provided. | |
Rear | Buildings shall have side and rear setbacks a minimum of ten (10) feet, but if a side and/or rear yard abuts a residential district, a side and/or rear yard of twenty-five (25) feet shall be provided. | |
Maximum Height | No more than three (3) stories; up to a maximum height of fifty (50) feet to be measured from the front door threshold. | |
Section 400.140 "M-1" Light Industrial District Regulations.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2482 §3, 12-6-2005]
A.
This district is composed of those areas of the City, the principal use of which is and ought to be general office, light manufacturing, warehousing and other limited industrial uses. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, radioactive and other hazards and harmful or obnoxious matter. Except where a PUD shall be required or shall be otherwise approved as set forth in Section 400.160, this Section establishes the authorized uses and district regulations for the "M-1" District.
B.
Permitted Use Regulations. A building or premises shall be used only for the following purposes:
1.
Bottling works.
2.
Building materials store.
3.
Small products assembly.
4.
Machine tool shop.
5.
Plumbing shop.
6.
Printing press.
7.
Textile manufacturing.
8.
Tree and shrub nursery.
9.
Storage warehouse.
10.
Wholesale product storage and market.
11.
Church.
12.
Industrial, manufacturing and repair shops where the scale of operations and the process of manufacturing or treatment of materials is such that the amount of dust, odor, gas, smoke or noise resulting therefrom will not result in a lowering of values and otherwise will not be objectionable to surrounding commercial, institutional and residential districts.
13.
Gasoline service stations.
14.
Where a non-conforming lot exists on the effective date of this amendment, the following uses will be allowed. The non-conformity of the lot must deal with the minimum lot size.
a.
Uses permitted in "M-1", "C-1", "R1-A" and "R-2" zoning districts.
(1)
No development or structure shall be allowed on "stilts", all construction shall be on approved footing and foundation. No open structures shall be permitted. Foundations shall have the appropriate openings as required by FEMA regulations for the proper flow of floodwater.
(2)
An enclosed garage may be built under an elevated structure as long as the garage meets the appropriate requirements of the Building Code and FEMA regulations for the proper flow of floodwater.
b.
Conditional use regulations. The Board of Aldermen may authorize the following conditional uses by conditional use permit at provided in Section 405.040 of this Title, subject to such other restrictions and conditions as deemed necessary: the conditional use regulations permitted in the "M-1", "C-1", "R1-A", "R-2" zoning districts.
c.
Lot dimensions. The minimum lot dimensions shall be determined by the zoning district in which the use is permitted. Any lot dimensions other than those listed in the zoning district shall be determined by the Planning and Zoning Commission on a site plan review as allowed by Section 405.050. The appropriateness of the zoning district will be determined by the Zoning Officer.
d.
Maximum site coverage.
(1)
"M-1" Light Industrial District Regulations:
(a)
The amount of gross site area covered by buildings and structures, surface, parking, pavement for automobile circulation or permitted exterior business services, storage, merchandise display, repair or processing shall not exceed eighty-five percent (85%).
f.
Yard areas and setback requirements.
(1)
"M-1" Light Industrial District Regulations:
(a)
Front yard. Each yard upon which a building is constructed shall have a front yard of not less that twenty-five (25) feet on all sides abutting a street, except that when located adjacent to an arterial street, there shall be a setback of seventy-five (75) feet from the street centerline, the greater distance shall be provided.
(b)
Side yard. No minimum requirement, but if a side yard abuts a residential district, a side yard of twenty-five (25) feet shall be provided.
(c)
Rear yard. No minimum requirement, but if a side yard abuts a residential district, a side yard of twenty-five (25) feet shall be provided.
(2)
"C-1" Downtown Commercial District Regulations:
(a)
Front yard. Zero (0) feet.
(b)
Side yard. No minimum requirement, but if a side yard abuts a residential district, a side yard of twenty-five (25) feet shall be provided.
(c)
Rear yard. No minimum requirement, but if a side yard abuts a residential district, a side yard of twenty-five (25) feet shall be provided.
(3)
"R1-A" Single-Family District Regulations:
(a)
Front yard. Each lot upon which a dwelling is constructed shall have a front yard of not less than twenty-five (25) feet and an additional one (1) foot setback for every two (2) feet of building height over twenty-five (25) feet. When a lot has double frontage, the required front yard shall be provided on both streets.
(b)
Side yard. On each lot upon which a dwelling is constructed, there shall be a side yard on each side of at least ten (10) feet.
(c)
Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty (20) feet.
(4)
"R-2" Two-Family District Regulations:
(a)
Front yard. Each lot upon which a dwelling is constructed shall have a front yard of not less than twenty-five (25) feet and an additional one (1) foot setback for every two (2) feet of building height over twenty-five (25) feet. When a lot has double frontage, the required front yard shall be provided on both streets.
(b)
Side yard. On each lot upon which a dwelling is constructed, there shall be a side yard on each side of at least ten (10) feet.
(c)
Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty (20) feet.
g.
h.
Performance standards. Every use of land or building shall operate in conformity with the performance standards listed in the appropriate zoning district.
15.
Any other use of the same general nature and character of the above uses, as determined by the Planning and Zoning Commission and approved by the Board of Aldermen.
[Ord. No. 3014 § 1, 4-18-2017]
C.
Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section 405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
1.
Sales and service of new or used automobiles, trucks, trailers, motorcycles and other vehicles, including the sale of new and used parts, vehicle body and mechanical repair, vehicle washing and detail cleaning and vehicle towing and storage.
2.
Communications towers.
3.
Equipment rental businesses that require outdoor storage.
4.
Golf driving ranges, miniature golf courses.
5.
Gun clubs, skeet or trap shoots, outdoor target and archery ranges.
6.
Animal hospitals and veterinary clinics.
7.
Correctional facilities or treatment facilities for psychiatric, alcohol or chemical abuse patients.
8.
Recreational and athletic fields and facilities, both indoor and outdoor, where alcoholic beverages are served.
9.
Recycling facilities, including refuse truck depots and refuse transfer stations.
10.
Establishments manufacturing or storing compost.
11.
Any other use deemed appropriate by both the Zoning Officer and City Administrator/Clerk and approved by the Planning and Zoning Commission and Board of Aldermen.
12.
Marijuana cultivation facility entirely within an enclosed building.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
13.
Marijuana-infused products manufacturing facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
14.
Marijuana testing facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
D.
Bulk Regulations.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Ten thousand (10,000) square feet | |
Minimum Lot Width | One hundred (100) feet | |
Minimum Lot Depth | One hundred (100) feet | |
Maximum Lot Coverage | The amount of gross site area covered by buildings and structures, surface parking and pavement for automobile circulation or permitted exterior business services, storage, merchandise display, repair or processing shall not exceed eighty-five percent (85%). | |
Yard/Setback | Front | Each lot upon which a building is constructed shall have a front yard of not less than twenty-five (25) feet on all sides abutting a street, except when located adjacent to an arterial street, there shall be a setback of seventy-five (75) feet from the street centerline, the greater distance shall prevail. |
Side | No minimum requirement, but if a side yard abuts a residential district, a side yard of fifty (50) feet shall be provided. | |
Rear | No minimum requirement, but if a rear yard abuts a residential district, a rear yard of twenty-five (25) feet shall be provided. | |
Maximum Height | No more than three (3) stories; up to a maximum height of fifty (50) feet to be measured from the front door threshold. | |
E.
Performance Standards. Every use of land or building shall operate in conformity with the following limitations:
Section 400.150 "M-2" Heavy Industrial District Regulations.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2482 §4, 12-6-2005]
A.
The "M-2" District is designed for those industrial uses which are apt to have an extensive impact on the surrounding area. If possible, "M-2" Districts should be separated from residential districts by restrictive industrial or commercial zones. Except where a PUD shall be required or shall be otherwise approved as set forth in Section 400.160, this Section establishes the authorized uses and district regulations for the "M-2" District.
B.
Permitted Use Regulations. A building or premises shall be used only for the following purposes:
1.
Heavy equipment manufacture.
2.
Box manufacture.
3.
Brick yard and kiln.
4.
Concrete botching or "ready mix" plant.
5.
Contractor's storage yard.
6.
Farm implement and machinery sales.
7.
Furniture manufacture.
8.
Grain elevators.
9.
Iron (ornamental) works.
10.
Lumber mill.
11.
Church.
12.
Gasoline service station.
13.
Marijuana cultivation facility entirely within an enclosed building.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
14.
Marijuana-infused products manufacturing facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
15.
Marijuana testing facility.
[Ord. No. 3136, 6-4-2019; Ord. No. 3364, 2-21-2023]
C.
Conditional Use Regulations. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Section 405.040 of this Title, subject to such other restrictions and conditions as deemed necessary:
1.
Sales and service of used automobiles, trucks, trailers, motorcycles and other vehicles, including the sale of new and used parts, vehicle body and mechanical repair, vehicle washing and detail cleaning and vehicle towing and storage.
2.
Communications towers.
3.
Golf driving ranges, miniature golf courses.
4.
Gun clubs, skeet or trap shoots, outdoor target and archery ranges.
5.
Kennels, animal hospitals, veterinary clinics.
6.
Correctional facilities or treatment facilities for psychiatric, alcohol or chemical abuse patients.
7.
Recreational and athletic fields and facilities, both indoor and outdoor, where alcoholic beverages are served.
8.
Recycling facilities, including refuse truck depots and refuse transfer stations.
9.
Waste processing facilities of human or animal remains, waste transfer stations and waste disposal facilities, including chemical disposal.
10.
Adult entertainment use. No adult entertainment use shall be permitted except in the "M-2" District, located no closer than one thousand two hundred (1,200) feet from any school, church or residential use and, except as may be permitted by law, shall be permitted only with a Planned Unit District Overlay.
D.
Bulk Regulations.
Bulk Regulations for Individual Lots | ||
|---|---|---|
Minimum Lot Area | Twenty thousand (20,000) square feet | |
Minimum Lot Width | Fifty (50) feet | |
Minimum Lot Depth | One hundred (100) feet | |
Maximum Lot Coverage | The amount of gross site area covered by buildings and structures, surface parking and pavement for automobile circulation or permitted exterior business services, storage, merchandise display, repair or processing shall not exceed eighty percent (80%). | |
Yard/Setback | Front | Each lot upon which a building is constructed shall have a front yard of not less than twenty-five (25) feet on all sides abutting a street, except when located adjacent to an arterial street, there shall be a setback of fifty (50) feet from the public right-of-way line. |
Side | No minimum requirement, but if a side yard abuts a residential district, a side yard of fifty (50) feet shall be provided. | |
Rear | No minimum requirement, but if a rear yard abuts a residential district, a rear yard of fifty (50) feet shall be provided. | |
Maximum Height | No more than three (3) stories; up to a maximum height of fifty (50) feet to be measured from the front door threshold. | |
E.
Performance Standards.
1.
Particulate matter. Emission of dirt, dust, fly ash and other forms of particulate matter shall be in accordance with U.S. Health Department standards and those of the State of Missouri.
2.
Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line.
3.
Odor. Every use shall be operated so that no offensive or objectionable odor is perceptible at any outdoor point on the lot on which the use is located.
4.
Radiation. Every use shall be operated so that there is no dangerous amount of radioactive emissions.
5.
Smoke. Every use shall be operated so that no smoke shall be emitted from any source at a greater density than the density described as No. 1 on the Ringlemann Chart as published by the United States Bureau of Mines or allowable under the laws of the State of Missouri.
6.
Toxic gases. Every use shall be operated so that there is no emission of toxic, noxious or corrosive fumes or gases.
7.
Vibration. Every use shall be operated so that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.
8.
Explosive or incendiary materials. Explosive or incendiary materials stored or used on premises shall have the approval of the local fire protection district prior to the approval of the City of Pacific.
Section 400.160 "PUD" Planned Unit District Regulations.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2395 §§1 — 2, 6-15-2004; Ord. No. 3095, 8-6-2019]
A.
This Section is intended to authorize certain new or changed uses of property as well as certain site alterations, as specified herein, if the location and circumstances are appropriate for the use or change under the standards provided in this Section. It is also the intent of this Section to increase the flexibility of development design by authorizing the Board of Aldermen to allow deviations to the underlying district regulations and to require use of this process in certain situations. Approval by the Board of Aldermen of a PUD overlay district as provided herein shall be a legislative act of rezoning and, except as provided herein, subject to the procedural requirements for rezoning set forth in this Code and in Chapter 89 of the Missouri Revised Statutes (2000), as amended. Any ordinance approving a development plan shall be deemed to incorporate the provisions of this Article. The bulk regulations set forth in the underlying zoning as well as specifications set forth in Article III of this Chapter and those in Section 410.073 may be altered by the Board of Aldermen as part of the PUD process where circumstances require such alteration. Planned Districts are intended to facilitate the following development objectives:
1.
Encourage a mixture of land uses compatible with surrounding neighborhoods.
2.
Create a variety of housing compatible with surrounding neighborhoods in terms of density and types of living environment.
3.
Promote flexibility by allowing the placement of more than one (1) main or primary building on a single lot or parcel.
4.
Encourage large-scale, well-planned development.
B.
Underlying District Regulations — Other Regulations, Modifications. The bulk regulations set forth in the underlying zoning specifications set forth in Article III of this Chapter, subdivision regulations, and other development regulations of the City may be altered by the Board of Aldermen as part of the PUD process where circumstances require such alteration; provided that a PUD ordinance shall not increase the number of lots otherwise permitted under such district regulations. Except as expressly modified by the ordinance approving the PUD, the requirements of the underlying zoning district shall govern.
C.
PUD District. A PUD overlay may be requested when an applicant can clearly provide a narrative and accompanying preliminary development plan that includes one (1) or any combination of the following design conditions:
1.
Placement of structures on most-suitable sites with consideration of maintaining existing site topography, soils, vegetation, slope, etc.;
2.
Preservation of natural and cultural areas, as well as the creation of open space through active and passive recreation areas to include greenways, landscape gardens, plazas, and walking and cycling trails that serve to connect significant areas and various land uses;
3.
Preservation of existing mature trees and trees deemed extraordinary by the Director of Planning due to but not limited to the following: size, type, origin, grouping, or number of;
4.
Enhanced landscaping, deeper and opaque buffers, and increased planting along public rights-of-way, open space/recreational areas, and the overall perimeter to protect and ensure compatibility with adjacent land uses;
5.
Utilization of mixed-use buildings;
6.
Utilization of traditional neighborhood design (TND) techniques in the layout and spatial organization of the development;
7.
Structures designed and constructed of an architectural vernacular that exceeds the typical building design and materials within the City of Pacific;
8.
Segregation of vehicular traffic from pedestrian/bicycle circulation networks, and other traffic mitigation measures;
9.
Incorporation of transit-oriented development (TOD) or direct access to public transportation;
10.
Provision of affordable housing;
11.
Utilization of Leadership in Energy and Environmental Design (LEED) construction practices and development standards and the proposed LEED certification of buildings and grounds by the United States Green Building Council within the PUD; and
12.
Inclusion of community facilities and the access thereto.
D.
Plan Approval Required — Types Of Planned Districts. It is the intent of this Chapter that no development or redevelopment of the property encompassed by the "PD" designation shall take place until a final development plan has been reviewed and approved in conformance with the requirements of this Section. All areas of the City designated "PD" shall be assigned one (1) of the following district classifications which shall be considered a separate use district and subject to the specific restrictions and limitations outlined in this Section:
Planned District Overlay Districts | Permitted Uses |
|---|---|
PDR Planned District — Residential | Residential district uses only |
PDC Planned District — Commercial | Commercial district uses only |
PDM Planned District — Manufacturing | Manufacturing district uses only |
MUD Mixed Use District | Mixture of residential and non-residential district uses |
E.
Height Restrictions. The total height of any structure shall be limited by the conditions in the ordinance governing the Planned District.
F.
Procedures. A Planned District may be initiated by an application by one (1) or more of the owners of record or owners under contract of a lot or tract of land or their authorized representatives. The Planning and Zoning Commission and the Board of Aldermen may review and approve a Planned District outside the existing City limits contingent upon proper fees as set forth below being paid to the City as well as the prerequisites set forth in this Section being completed, with said approval of the Planned District effective when the property encompassing the Planned District is annexed into the City. Said review shall not eliminate or alter the requirements set forth above or any further requirements of Chapter 400. Procedures for application, review and approval of a Planned District shall be as follows:
1.
Application. An application for a Planned District for a specific tract of land shall be addressed to the Commission and shall be filed with the Zoning Officer. The application shall be filed on forms prescribed for that purpose and be accompanied by the following:
2.
Planning And Zoning Commission Review. A hearing on the application for a Planned District shall be held by the Commission. Additional hearings may be required at the discretion of the Commission.
3.
Recommendation For Approval Or Denial Of Planned District. Within sixty (60) days of receipt of the Zoning Officer's report, the Commission shall take action on the Planned District. Commission action shall consist of one (1) of the following:
a.
Approval. The Commission may recommend approval of the Planned District as submitted or with amendments. The Zoning Officer shall prepare the appropriate legislation for consideration by the Board of Aldermen, including all conditions of the Planned District. In recommending approval of development conditions, the Commission shall impose such conditions it determines necessary. Said conditions shall include, but not be limited to, the following:
(1)
Permitted uses, including number of units and/or maximum square footage of proposed buildings.
(2)
Height limitations.
(3)
Minimum yard requirements.
(4)
Off-street parking and loading requirements.
(5)
Road and other improvements adjacent to and within the site.
(6)
Performance standards.
(7)
Sign regulations.
(8)
Minimum requirements for final development plan.
(9)
Time Limitations For Commencement Of Construction. The Commission, at its discretion, may request additional information at this step, depending on the scale of the development.
b.
Denial. The Commission may recommend denial of the Planned District. The Zoning Officer shall prepare a report to the Board of Aldermen indicating the Commission's decision. The developer may appeal the Commission's denial in accordance with the provisions of this Section. If no appeal is filed as permitted within the time period established, the application shall be deemed denied.
c.
Notification. In any case, the developer shall be notified in writing of the Commission's action.
4.
Board of Aldermen Review.
a.
Public Hearing. Upon receipt by the Board of Aldermen of the Commission's recommendation, the Board of Aldermen shall conduct a public hearing thereon. The public hearing shall be per the requirements of Section 400.260 of the City of Pacific Code of Ordinances.
b.
Within sixty (60) days of receipt of the Commission's recommendation, the Board of Aldermen shall take action on the Planned District. Board of Aldermen action shall consist of one (1) of the following:
(1)
Approval. The Board of Aldermen may, by majority vote, approve the Planned Development District and preliminary plan as recommended by the Commission or approve the plan with amendments by two-thirds (2/3) majority vote.
(2)
Denial procedure. The Board of Aldermen may consider an appeal filed by the applicant in accordance with procedures described in this Section. If the denial of the Planned District and preliminary plan is upheld by the Board of Aldermen, the developer may resubmit a new plan to the Commission as described in this Section.
5.
Planned District — Effective When. The Planned District shall become effective upon approval by the Board of Aldermen.
G.
Appeal, Protest Or Board Of Aldermen Review Of Commission Decision.
1.
Protest Of The Commission Decision. A protest against a proposed "PD" may be presented, duly signed and acknowledged by the owners of thirty percent (30%) or more of the area of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and two hundred fifty (250) feet distant from the boundaries of the property upon which the Planned District will be located. A notice of protest must be filed within ten (10) days following the Commission's decision, be in writing, filed with the Zoning Officer and accompanied by the signatures (duly acknowledged) and addresses of the property owners involved. The notice of protest shall further include a notarized verification from the person(s) collecting the protestant's signatures that all signatures are correct and real. The protest shall specifically state how the application, as initially filed or subsequently modified, fails to meet the criteria set forth in this Chapter.
[Ord. No. 3384, 8-1-2023]
2.
Appeal Of Recommendation Of Denial. Upon the recommendation of denial by the Commission of an application, the applicant may file an appeal with the Board of Aldermen requesting a determination by that body. A notice of appeal shall be filed within ten (10) days after the Zoning Officer's report is received by the Board of Aldermen at a regular meeting. An appeal shall be in writing and shall be filed in duplicate with the Zoning Officer accompanied by a filing fee as established by the Board of Aldermen. The applicant shall have an additional thirty (30) days to file the actual appeal. The appeal shall specifically state how the application, as initially filed or subsequently modified, meets the criteria set forth in the regulations.
3.
Board Of Aldermen Decision Upon Appeal Or Protest. In any case, subsequent to proper notification as described above, the Board of Aldermen may affirm, reverse, modify, in whole or in part, any determination of the Commission. Such action shall be taken within thirty (30) days from receipt of said appeal or protest. In the event of an appeal, an affirmative vote of two-thirds (2/3) of the Board of Aldermen shall be required to reverse or modify any recommendation by the Commission. In the event of a protest, an affirmative vote of two-thirds (2/3) of the Board of Aldermen shall be required to affirm the determination of the Commission.
H.
Final Development And Improvement Plans. Upon passage by the Board of Aldermen of an ordinance enacting a Planned District and which ordinance requires submission of improvement plans and/or a final development plan, said plan(s) shall be submitted in accordance with the following provisions. No building permits or authorization for improvement or development for any use authorized under provisions of this Section shall be issued prior to approval of such plans.
1.
Final Development Plan/Improvement Plans.
a.
Upon approval of a planned development and corresponding preliminary development plan a final development plan shall be submitted for review and approval to the Zoning Officer in accordance with Section 405.050. In the case of developments consisting of multiple phases, lots and/or plats where a preliminary development plan is required, a final development plan and improvement plans shall be submitted for each individual building, lot, phase or plat representing a portion of the preliminary development plan. The plan(s) shall contain the minimum requirements established in the conditions governing the Planned District. No building permits or authorization for improvement or development for any use requested under the provisions of this Planned District shall be issued prior to approval of such plan(s). The approved plan(s) shall be retained on file in the office of the Zoning Officer.
b.
Final development plans, improvement plans and installation or guarantee of improvements are not required for phases, lots and/or plats designated for future development, except that the City may require such improvements as are necessary to serve the area proposed for present development. Final development plans and improvement plans for these improvements shall accompany or be a part of the overall plan submittal.
c.
If the Planned District is proposed to be developed in phases, lots and/or plats, the Zoning Officer may require submittal of a development schedule indicating:
(1)
The approximate date when construction of the project can be expected to begin and an estimated time of completion.
(2)
The order in which the phases of the project will be built. The preliminary development plan, updated to reflect all structures units and maximum square footage of buildings constructed or approved for construction, shall be provided with the subsequent submittal of final development plans/improvement plans for each additional building, lot, phase or plat representing a portion of the preliminary development plan. The Zoning Officer shall use this plan to track existing site development, insuring that the current proposal complies with the conditions of the ordinance enacting the Planned District relating to maximum site densities.
(3)
(Reserved)
(4)
Procedure to amend a planned district or final development plan. The procedure to amend the regulations of a Planned District or a final development plan shall be the same procedure as required to establish a Planned District and to approve the final development plan.
I.
Guarantee Of Improvements. After the approval of the final development plans/improvement plans but prior to the issuance of any building permit or permit authorizing the use of the property in question, the developer shall enter into an agreement with the City guaranteeing the completion of all public improvements in accordance with Section 405.050 of the City of Pacific Subdivision Code.
J.
Limitations.
1.
Failure To Commence Construction. Unless otherwise stated in the development conditions, substantial work or construction shall commence within two (2) years of the effective date of the Planned District, unless such time period is extended through appeal to and approval by the Commission. If no extension of time is received or granted within six (6) months subsequent to the two-year period following the effective date of the Planned District, the Commission shall review any changes in the Zoning District Map brought by the proposed development. If the Commission finds said changes to be inappropriate, the Commission shall recommend to the Board of Aldermen that the map be revised in accordance with the procedures for changes and amendments. As used in this Section, substantial work or construction shall include final grading for roadways necessary for the first approved plat or phase of construction and commencement of installation of sanitary and storm sewers as applicable.
2.
Abandonment. In the event the preliminary development or final development plans/improvement plans are not submitted within the time limits specified in the ordinance enacting the Planned District or a use authorized by a Planned District is abandoned, vacated or not utilized for a period of two (2) years, the zoning amendment may be terminated. If no extension of time is received or granted within six (6) months subsequent to the expiration of the two-year period, the Commission shall review any changes in the Zoning District Map brought by the proposed district. If the Commission finds said changes to be inappropriate, the Commission shall recommend to the Board of Aldermen that the map be revised in accordance with the procedures for changes and amendments.
3.
Extension Of Development Schedule. The owner or owners may, at any time, apply to the Commission for an extension of the development schedule. Such extension shall be acted upon by the Commission; however, said extension shall not exceed twelve (12) months in duration.