Any deed restriction, covenant, or agreement restricting the use of land; or

Any master deed, bylaw, or other document applicable to a common-interest ownership community.

Ensure compatibility of home-based businesses with all uses permitted in the "R1-E," "R1-H," "R1-A," "R1-B," "R1-C," "R-2" and "R-3" Districts.

Promote the health, safety, and general welfare of residential neighborhoods by preventing excessive noise, traffic, nuisances, fire hazards and other adverse effects of unregulated home occupations.

Establish standards for home occupations in residential units.

The use of the residential dwelling unit for the home-based business shall be clearly incidental and secondary to its use for residential purposes by its occupants and shall under no circumstances change the residential character thereof.

Home-based businesses shall be subject to all applicable laws and its activities shall be limited to the sale of lawful goods and services.

The total number of employees and clients on-site at one (1) time shall not exceed the occupancy limit for the residential dwelling unit.

The activities of the business shall only occur inside the residential dwelling unit or in the yard and shall not be visible from the street.

No alteration to the exterior experience of the residential building or premises shall be made which detracts from its residential character.

No home-based business shall involve commercial vehicle traffic on or in the vicinity of the residence. For the purpose of this Section, "commercial vehicle" shall be defined as any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

No mechanical equipment or process shall be used that creates excessive noise, vibration, glare, fumes, odors, electrical interference, or fluctuations in line voltage outside the residential dwelling unit.

Notwithstanding anything in Chapter 425 herein to the contrary, no advertising, identification or business exterior displays or signs are permitted on any residential premises.

Traffic generated by such home-based business shall not exceed volumes than would normally be expected in the residential area, and any need for parking generated by the conduct of such home-based business shall be met by lawful off-street parking.

There shall be no exterior storage of equipment, commodities, inventory, or material used in connection with the home-based business.

The home-based business shall register with the City to ensure that the business activity of the home-based business is compliant with State and Federal law and paying applicable taxes.

An accessory building or structure shall serve and not be physically attached to a principal building or structure located on the same lot.

An accessory building or structure shall contribute to the comfort, convenience or principal use of the principal building or structure or occupants thereof.

An accessory building or structure shall be subordinate in area, extent of use and fair market value to its principal building or structure.

Except as specifically exempted by this Section, accessory buildings or structures shall comply with all provisions of this Chapter.

To the extent allowable under applicable district provisions and parking and loading requirements under Section 400.235 and if otherwise in compliance with the provisions of this Chapter, off-street parking and loading areas shall be permitted if devoted entirely to the principal use or activity.

No accessory building or structure shall be permitted in any required front yard.

No accessory building or structure shall be used prior to the establishment of its principal building or structure, except as an otherwise allowable temporary construction facility for the principal building or structure.

Accessory buildings and structures shall be set back at least five (5) feet from the rear lot line and at least five (5) feet from the side lot line, including eaves or other overhangs or projections. Above ground swimming pools shall maintain a ten (10) foot setback from all property lines.

(Reserved)

No part of any accessory building or structure shall be located closer than ten (10) feet to any principal building or structure or other accessory building or structure, including eaves or other overhangs or projections.

Accessory buildings or structures in any residential district shall not exceed the height of the primary structure or fourteen (14) feet in height, whichever is less.

Accessory structures must be architecturally consistent in design with the principal structure and constructed of materials and have exterior finishes which are compatible and harmonious with those of the principal structure.

Cargo containers are prohibited for use as accessory buildings or structures in residentially and commercially zoned districts. Cargo containers that are located in residential and commercial districts as of the effective date of this Subsection (10-19-2021) shall be removed within two (2) years of the effective date of this Subsection.

Accessory buildings may not have interior or exterior lighting which would shine directly on any adjacent property.

No accessory structure may be so located as to block natural surface water drainage or cause a diversion of surface water onto other properties.

Accessory structures and uses shall otherwise comply with all the development standards, codes, and floodplain regulations applicable to the zoning district in which they are located to include lot coverage.

Approval — design — location — application — notice. The design, location and nature of all accessory utility facilities on private or public property shall require approval of the City, which approval shall be considered in a non-discriminatory manner, in conformance with this Section and subject to reasonable permit conditions as may be necessary to meet the requirements of this Section. To that end, prior to any construction, excavation, installation, expansion or other work on any accessory utility facility, the facility owner shall apply to the City and submit detailed plans for the City's review and approval. Contemporaneous with such application, the facility owner shall provide notice to all private property owners within two hundred fifty (250) feet of the location of the proposed construction, excavation or other work. Notice shall include detailed description of the proposed work to be done, the exact location of proposed work and the anticipated time and duration when the proposed work will be undertaken. Notice shall be given at least five (5) business days prior to the commencement of any such work. In considering individual applications or multiple location applications, the City shall review the request to ensure the proposed facilities do not impair public safety, harm property values or significant sight-lines or degrade the aesthetics of the adjoining properties or neighborhood and taking into consideration reasonable alternatives. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein. Unless otherwise prohibited, utility facilities subject to this Subsection may be located in minimum setback areas provided that all other requirements are met. To the extent permitted by Section 67.2707.1(3) RSMo., the time, method, manner or location of facilities to be located in the rights-of-way may be established or conditioned by the City to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the City to reimburse the City for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.

General regulations. The following general regulations apply to all accessory utility facilities:

Residential districts. In residential districts and rights-of-way adjacent thereto, accessory utility facilities less than three and one-half (3.5) feet in height and covering less than eight (8) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Non-residential districts. In non-residential districts and rights-of-way adjacent thereto, accessory utility facilities with a height of less than five (5) feet and covering less than sixteen (16) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Landscape screening. A sightproof landscape screen shall be provided for all authorized above ground facilities taller than three (3) feet in height or covering in excess of four (4) square feet in size. Such screen shall be required to sufficiently conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be submitted by the utility and approved by the City prior to installation of any facility requiring landscape screening. The utility shall be responsible for the installation, repair or replacement of screening materials. Alternative screening or concealment may be approved by the City to the extent it meets or exceeds the purposes of these requirements. Facilities located in rear yards may be exempted from screening where located so as not to be visible from:

Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this Section shall not apply to any circumstance or entity in which application under such circumstances is pre-empted or otherwise precluded by superseding law.

A system of sanitary sewers and appurtenances, providing a connection to each lot in a subdivision, designed in accordance with the standard specifications and requirements of the City of Pacific Public Works Department, shall be installed in all subdivisions as provided in Title VII of the Municipal Code of the City of Pacific. Original construction shall include installation of house laterals to the property line for all lots in the subdivision.

Plans for the sanitary sewer system shall be prepared by a professional engineer registered to practice in the State of Missouri and shall be approved by the City of Pacific Public Works Department when submitted to the Commission for approval.

The construction of the sanitary sewer system shall be subject to the inspection of City of Pacific Water and Sewerage Department upon completion of construction. Acceptance for maintenance by City of Pacific Water and Sewerage Department shall be conditioned upon the approval of the Commissioner of Public Works.

The sanitary sewer system of a subdivision, when completed, shall connect to the sanitary sewer lines of the City of Pacific.

Backfill of trenches for sanitary sewer installations shall conform to the requirements of Section 410.075(J) of this Chapter.

Adequate provision shall be made for the disposal of stormwater in accordance with the standard specifications set forth in Title VII of the Municipal Code of the City of Pacific and subject to the approval of the City of Pacific Public Works Department. The detailed plans for the proper disposal of stormwater affecting any proposed subdivision, including the runoff from the area tributary as well as the area being developed, shall include such improvement as may be necessary to all open drainage channels, such as widening, straightening and paving and a system of underground pipe sewers and appurtenances, which shall be separate and independent of the sanitary sewer system. The plans shall be prepared by a professional engineer, registered to practice in the State of Missouri, in accordance with the standard specifications and requirements of the City of Pacific Public Works Department.

Plans for stormwater facilities, when submitted to the Planning and Zoning Commission for approval, shall have previously received the written approval of the Commissioner of Public Works.

The construction of stormwater facilities shall be subject to the inspection of Public Works Department. Upon completion of construction, acceptance for maintenance by the City of Pacific shall be conditional upon the approval of the Commissioner of Public Works.

Stormwater detention areas shall be landscaped to be visually attractive.

Backfill of trenches for storm sewer installations shall conform to the requirements of Section 410.075(J) of this Chapter.

No alterations shall be made to the building exterior except for those required to bring the building into compliance with the accessibility standards;

Off-street parking shall be restricted to the rear of the building;

Only one (1) accessory structure shall be permitted on the property and shall be used for storage purposes only;

No exterior storage, placement of materials or display of goods shall be permitted; and

Signage shall comply with the Sign Code, Chapter 425 of this Title.

These regulations shall apply in addition to the other regulations of the underlying zoning districts.

These regulations shall not apply to single- or two-family residences or to non-urban uses.

The building and construction standards of this Section apply to all buildings which lie, in whole or in part, within five hundred (500) feet of Interstate 44, Thornton Road or Historic Route 66 (Osage Street), including the area bounded by the straight line defined by street centerlines of Neosho, Congress and property bordering the west right-of-way of Fourth Street.

Masonry, provided that no wall facing a public street be constructed with a plain faced concrete block facade.

Concrete panel, provided that it be exposed aggregate, sandblasted or painted.

Wood, aluminum or vinyl siding.

Stucco.

Glass walls.

Composition board or plywood paneling.

Metal panels, except for architectural metal facade materials that are incorporated into an integrated pattern or scheme with other non-metal materials, as approved by City administrative staff or by the Planning and Zoning Commission.

Any other material not listed in Subsection (C) above.

Purpose. The provisions of this Section are intended to protect property values and enhance community appearance in keeping with the goals of the Comprehensive Plan of the City of Pacific.

Application. This Section shall be the minimum standard for landscaping and screening in the City of Pacific.

A landscaping and screening plan shall be required in connection with any new subdivision plat and upon application for a building permit in the following instances:

A landscaping and screening plan is not required upon application for a building permit in the following instances:

The landscaping and screening plan shall include the following information:

Landscaping and screening plans must be approved by the Zoning Officer prior to the issuance of a building permit whenever final development plan review is not required. Otherwise, landscaping and screening must be approved as part of final development plan review process under Section 405.050 of this Title. In cases where landscaping plan approval would cause harmful delay to the start of construction, the Building Commissioner may issue footing and foundation permits for the project so that construction may proceed. Permits for construction beyond the footing and foundation stage shall not be issued until the landscaping plans have been submitted and approved. A landscaping and screening plan shall be required for only that phase of development for which the building permit is being acquired.

The minimum landscaping requirements shall be one (1) tree and two (2) shrubs per five thousand (5,000) square feet of total lot area.

All portions of the site not covered with paving or buildings shall be landscaped. Open areas not covered with other materials shall be covered with turf or ground cover. Ground cover shall be utilized on all slopes in excess of twenty-five percent (25%).

Landscaping of parking lot interiors, exclusive of automobile storage and sales lots, shall be required in all zoning districts for lots which are more than one (1) aisle in width. This requirement shall only apply to new construction. The trees and shrubs used to meet the requirements of Subsection (B)(1) above may not be counted toward this requirement.

In addition to the minimum requirements listed in Subsection (B)(1) above, medium to large deciduous shade trees shall be planted in or along the public right-of-way at a distance of forty-five (45) feet apart. The Commissioner of Public Works shall determine exact location for placement of trees.

In addition to the minimum requirements listed in Subsection (B)(1) above, landscaping at least ten (10) feet wide, consisting of a continuous planting of evergreens and deciduous trees, at a minimum of one (1) two (2) inch diameter deciduous tree, two (2) two (2) inch diameter flowering trees and eight (8) four (4) feet to five (5) feet tall evergreens, shall be planted for each one hundred (100) feet along the property line to separate commercial, industrial or multi-family uses from adjoining single-family residential developments or "R1-A", "R1-B", "R1-C", "R1-E" or "R1-H" zoned districts.

Twenty percent (20%) of the mature medium to large size deciduous shade trees located in areas subject to resubdivision shall be retained in new developments where less than fifty percent (50%) of the plat is wooded. Forty percent (40%) of the mature medium to large size deciduous shade trees located in areas subject to resubdivision shall be retained in new developments where fifty percent (50%) or more of the plat is wooded. The retained trees shall be indicated on the landscape plan.

The developer shall plant medium to large size deciduous shade trees along the public right-of-way at a distance of forty-five (45) feet apart. The Commissioner of Public Works shall determine the exact location for the placement of trees. Exceptions shall be made by the Commissioner of Public Works to the planting of trees along the public right-of-way at locations where the expected tree canopy of the new tree planting would interfere with existing trees. Unless otherwise approved by the Commissioner, street trees shall be placed on the private lot within six (6) feet of the sidewalk or lot line.

All mechanical equipment mounted on the rooftop of any commercial or industrial use shall be fully screened from public view by an element of the building or by a separate, permanently installed screen harmonizing with the building in material, color, size and shape.

All exterior trash storage containers shall be screened so as not to be visible from off the property. Enclosures shall be constructed of brick or split-faced blocks or when deemed appropriate by the Zoning Officer of solid vinyl fencing, chain link fencing with slats or solid wood privacy fence, concrete floor and solid door. Such enclosures shall be included on any required final development plan. Such enclosures shall be constructed large enough to contain the desired trash container and any other such items as waste grease containers, waste oil containers, waste recyclable containers, etc. Such enclosures shall harmonize with the building in material, color, size and shape.

For all commercial and industrial uses, screening shall be provided, not less than six (6) feet in height, along all side and rear property lines which are common to property zoned or used for residential purposes. Such screening shall not extend in front of the building line of adjacent dwellings.

In all zoning districts, parking lots shall be screened as defined herein from residential uses or zones if both of the following criteria are met:

The following are the minimum plant sizes and conditions to be used in satisfying the requirements of this Chapter:

Existing trees which are to be retained to satisfy the requirements of this Chapter shall meet the following standards:

Landscaping, as required by the provisions of this Chapter, shall be installed by the date specified on the approved landscaping and screening plan. However, the Zoning Officer may allow an additional period of up to twelve (12) months if circumstances so require. A screening fence, if required, shall be installed before an occupancy permit is granted. The final development plan bond, as required in Section 400.050, shall include costs associated with implementation of the landscaping and screening plan. Failure to complete the landscaping and screening plan within the above-prescribed time limit shall be cause to revoke the bond.

Trees shall be protected from injury to roots, trunks and branches during grading and construction. Protective fencing, tree wells and/or retaining walls shall be utilized where necessary to insure tree vigor upon completion of construction.

Joint use of parking facilities. Where more than one (1) type of use is located either in the same building or in separate buildings in close proximity, joint use of the same parking facilities will be allowed as follows:

Location of parking areas. Off-street automobile parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be measured from the nearest point of the parking area to the nearest entrance of the building that the parking area is required to serve.

Screening of parking areas. See Section 400.230 "Landscaping and Screening".

Lighting of parking areas. Any lights used to illuminate the parking area shall be arranged, located or screened to direct light away from any adjoining residential use.

Location. Accessible parking spaces shall be located on the shortest possible accessible route of travel to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances. When practical, the accessible route of travel shall not cross lanes for vehicular traffic. When crossing vehicle traffic lanes is necessary, the route of travel shall be designated and marked as a crosswalk.

Design and construction. When accessible parking spaces are required by this Section, they shall be designed and constructed in accordance with the following dimensions:

Signs. Every parking space required by this Section shall be identified by a sign, mounted on a pole or other structure between three (3) feet and five (5) feet above the parking surface, at the head of the parking space. The sign shall be at least twelve (12) inches by eighteen (18) inches in area and in conformance with the requirements set forth in the Manual on Uniform Traffic Control Devices as referenced in Section 315.020 of the Municipal Code of the City of Pacific.

Method of computation. Accessible parking spaces shall be counted as part of the total minimum number of parking spaces required by this Section 400.235.

No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance per Chapter 225 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.

No more than a total of three (3) marijuana dispensary facilities will be allowed within the City limits.

Each marijuana cultivation facility, one (1) marijuana-infused products manufacturing facility or marijuana dispensary facility shall be located on properties that meet the following distance requirements:

No marijuana or marijuana-infused product shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.

Paraphernalia as defined in Chapter 195, RSMo., as may be amended, may be lawfully sold at a marijuana dispensary facility.

The sale or consumption of alcohol within a facility is prohibited.

The consumption, inhalation or other personal use of marijuana or marijuana-infused products on or within the premises of a marijuana cultivation facility, marijuana testing facility, marijuana-infused products manufacturing facility or marijuana dispensary facility is prohibited, except that a marijuana testing facility may consume marijuana during the testing process and only as the consumption relates to the testing process.

Dispensaries can be on the same property as a cultivation facility, a marijuana-infused products manufacturing facility or a marijuana testing facility but are not permitted to be within the same building as any other marijuana-related use.

Security Plans. A marijuana cultivation facility, marijuana testing facility, marijuana-infused products manufacturing facility or one (1) marijuana dispensary facility shall provide adequate security on the premises, including, but not limited to, the following:

Operating Plans. As a condition of processing of a business license application, a facility operator shall provide at the time of filing the business license application a detailed operations plan and, upon issuance of a license, shall operate the facility in accordance with the plan. Such plan shall include:

Signage.

Each facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.

It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide marijuana as a home occupation.

No marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.

Application Review Process:

A short-term rental facility shall be subject to, at minimum, an annual inspection to determine compliance with the requirements of this Section and of the City's Building and Occupancy Codes. The City may require additional inspections upon a complaint regarding the condition of the property or of the conduct of the short-term rental facility operation.

The maximum number of guests at any one (1) time may not exceed the number permitted by the applicable Building and Occupancy Code provisions of the City of Pacific. The occupancy limit shall be established as part of the Commercial Occupancy Permit granted the facility. All short-term rental properties within the municipality shall only be rented to individuals aged twenty-one (21) years or older. Hosts are required to verify the age of the primary renter at the time of booking. Minors accompanied by a parent or legal guardian may stay in a property rented to an individual aged twenty-one (21) years or older.

Off-street parking facilities shall be provided in conformance with existing Municipal Code provisions.

A short-term vacation rental facility may not permit a guest to remain longer than fourteen (14) consecutive days, nor may it permit the same guest to reside within the facility more than a total of thirty (30) days per calendar year.

A short-term rental facility may provide meals only to its guests and under no circumstances to members of the general public. No food storage or preparation capabilities shall be provided in guest rooms.

The short-term rental facility shall appear at all times as a one- or two-family residence.

The short-term rental facility must not generate acclivity or noise inimical to the character of a residential district nor permit it to fall below the standards of the City's adopted building, property maintenance and other applicable codes, and further shall be required to be inspected annually for a commercial occupancy permit, such inspection to be performed by the City with fee additional to that charged for the annual business license.

No outdoor activities may be permitted after the hours of 11:00 p.m. in any zoning district.

A short-term rental facility may place one (1) and only one (1) identification sign on its premises so long as it meets the following conditions: