City of Bonne Terre, MO
St. Francois County
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Table of Contents
Table of Contents
[CC 2001 §§17.04.010 — 17.04.020; Ord. No. Z-1-99 Preamble, 6-8-1999]
Purpose. In Missouri, Cities of the Third Class are empowered to enact planning and zoning measures under Chapter 89, RSMo. The general purpose of zoning is to promote the health, safety, morals and the general welfare of the community. Zoning also serves specific purposes which are, as stated in Section 89.040 of the State Statutes, to:
Lessen congestion in the streets;
Secure safety from fire, panic and other dangers;
Promote health and the general welfare;
Provide adequate light and air;
Prevent the overcrowding of land;
Avoid undue concentration of population;
Preserve features of historical significance;
Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
Conserve the values of buildings; and
Encourage the most appropriate use of land throughout the municipality.
Zoning District Map. The official Zoning District Map for the City is posted in City Hall. This map indicates the extent and distribution of the various zoning districts as established by this Chapter. The map also incorporates all district and boundary changes enacted subsequent to the effective date of the ordinance codified in this Chapter.
[CC 2001 §17.04.030; Ord. No. Z-1-99 §400.010(A), 6-8-1999]
This Chapter shall be known and may be cited and referred to as the Zoning Code of the City of Bonne Terre, Missouri.
[CC 2001 §17.04.040; Ord. No. Z-1-99 §400.020, 6-8-1999]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Chapter; nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Chapter imposes a greater restriction, this Chapter shall control.
[CC 2001 §17.08.010; Ord. No. Z-1-99 §400.010(B), 6-8-1999]
For the purposes of this Chapter, certain terms and words are defined. Words used in the present tense include the future; the singular number shall include the plural and the plural singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not permissive.
A subordinate building or a portion of the main building, which is incidental to the principal building or use and which is located on the same lot with such principal building or use.
A use incidental to the principal use of a building located on the same lot with the principal building or use.
An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one (1) or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, that such land shall consist of at least ten (10) acres in one (1) parcel under common ownership or operation; and provided further, that farming does not include the feeding of collected garbage or offal to swine or other animals.
A minor right-of-way dedicated to public use which affords only a secondary means of vehicular access to back or side of properties otherwise abutting a street and which may be used for public utility purposes.
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
The total area within the property lines excluding external streets.
A platform that projects from the wall of a building and is enclosed by a parapet (low wall) or railing.
A story being at least fifty percent (50%) below the average finished grade of the building. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
Any building in a residential setting, which is principally inhabited by the owner, where one (1) or more guest rooms, but fewer than five (5) guest rooms, are provided for hire.
A panel or structure designed to carry or display a sign or advertisement outdoors for the purpose of making anything known, including those in which the origin or point of sale is remote from the display. Billboards shall include walls, fences or other structures on which advertising signs may be painted or attached.
A parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad right-of-way, public walks, parks or greenstrips, rural land or drainage channels or a combination thereof.
A building or place where rooming, lodging or lodging and board are provided (or which is equipped to regularly provide such services) by prearrangement for definite periods and for compensation. A boarding, lodging or rooming house may have accommodations for three (3) or more persons, but not more than nine (9) persons. A boarding, lodging or rooming house is distinguished from a hotel which is open to transients and has accommodations for ten (10) or more persons.
The width of the lot left to be built upon after the side yards are provided.
Any structure having a roof supported by columns or walls built for the support or enclosure of persons, animals, chattels or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery or equipment.
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the mean height level between eaves and the ridge for gable, hip and gambrel roofs.
A line or lines designating the area outside of which buildings may not be erected.
An independent, ground-supported, roofed structure with totally open sides.
A story having more than one-half (½) of its height below grade. A cellar shall not be counted as a story for the purpose of height regulation.
Any place, home or institution which receives five (5) or more children under the age of thirteen (13) years and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided however, this definition shall not include public and private schools organized, operated or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood, marriage or adoption within the third degree of the custodial person or to churches or other religious or public institutions caring for children within an institutional building while their parents or legal guardians are attending services, meetings or classes or engaged in church activities. The term "child or day care center" shall be deemed to include "day care homes" and "day nurseries" as defined by the Missouri Department of Social Services for licensing purposes.
An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or dentists practicing medicine or dentistry together.
A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
Generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public.
An official document adopted by the Planning Commission, approved by the City Council and duly recorded in the office of the County Recorder. It may consist of several maps, data and other descriptive matter for the physical development of or additions thereof; including any amendment, extension or additions thereof adopted by the City Council indicating the general locations for major streets, parks, schools or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information. This plan for Bonne Terre shall set forth the physical development of the community, including studies of land use, streets, traffic volume and flow, schools, parks and other public buildings.
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
A section or sections of the City for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of the use are uniform.
A restaurant, cafe or similar establishment where the facilities or services are designed to permit food or beverages to be consumed on the premises outside the building or in automobiles parked on the premises.
Any building or portion thereof which is designed and used exclusively for residential purposes.
One of a series of attached dwellings designed exclusively for occupancy by one (1) family and located on individually subdivided lots of record. Attached single-family dwellings may be the town house, patio house or condominium types, so long as each unit is located on an individual lot of record to be conveyed as part of the property which each unit occupies.
A building designed for or occupied exclusively by one (1) family and entirely surrounded by a yard or other separation from buildings or adjacent lots. Single-family dwellings shall include, but not be limited to, any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. Single-family dwellings shall include, but not be limited to, any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either the foster parent by blood, marriage or adoption.
A building or portion thereof designed for or occupied by three (3) or more families living independently of each other, exclusive of attached single-family dwellings, town houses, patio houses or condominiums on individually subdivided lots of record.
A building or portion thereof designed for or occupied by two (2) families living independently of each other, including a duplex or semi-detached dwelling.
One (1) or more rooms in a dwelling designed for or intended to be occupied as separate living quarters by a single-family as defined herein.
A grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purposes.
The duly designated engineer of the City.
One (1) or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization and not more than two (2) other persons not related by blood, marriage or adoption or a group of not more than three (3) persons (excluding servants) not related by blood, marriage or adoption and living together as a single housekeeping organization in a dwelling unit.
Any building or premises used for the sale at retail of motor vehicle fuels, oil or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies or fenders of motor vehicles or painting motor vehicles and excluding public garages.
The total number of square feet of floor space within the exterior walls of a building, not including space in cellars, basements, porches, carports or garages. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street or if the street is dead-ended, then all the property abutting on one (1) side between an intersecting street and the dead end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.
Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. The term "repairing" shall not include an automotive repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
A detached accessory building or portion of the main building housing the automobiles of the occupants of the premises; provided that no business occupation or service is conducted for profit therein nor space therein for more than one (1) car is leased to a non-resident of the premises.
A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles or household items, as distinguished from daily storage furnished transients and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired or sold. This is to include household and commercial self-storage building.
The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade. This slope shall be specified in percent and shown on road profile plan as required herein.
Any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on wholly within the main building or accessory building by a member of the family residing on the premises; provided, that no person not a resident on the premises is employed, no stock in trade is kept or commodities sold, no internal or external alterations or special construction of the premises are involved, no equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, X-ray or electrical disturbance to radio or television instruments, no generation of substantial volumes of vehicular instruments, no generation of vehicular or pedestrian traffic or parking demand is created and in connection with which there is no advertising sign displayed other than a nameplate not exceeding one (1) square foot in area and there is no other exterior indication that the building is being used for any purpose other than a dwelling. When within the above requirements permitted, home occupations include, but are not limited to, the following:
Art studio;
Babysitting, limited to four (4) children at one time;
Dressmaking or tailoring;
Home crafts, provided that no machinery or equipment be used other than that customarily found in a home;
Office of a physician or dentist for consultation or emergency treatment, but not for general professional practice or normal treatment of patients;
Professional office of a real estate agency, insurance agency, engineer, attorney or similar occupation;
Teaching, including music instruction, limited to not more than two (2) pupils at one time.
Permitted home occupations shall not be interpreted to include barbershops, beauty shops, child or day care centers, nursery schools, auto repairing, antique shops, sign painting, restaurants, plumbing and electrical appliance shops, stables, kennels or animal hospitals or any other light manufacturing or assembling operations.
Any building or portion thereof that contains guest rooms that are intended to be used or occupied or are occupied by ten (10) or more persons for compensation, whether it be paid directly or indirectly and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.
Grading, sanitary and storm sewers, water mains, pavements, curbs and gutters, sidewalks, road signs, lights, trees and other appropriate improvements required to render land suitable for the used proposed.
A tract of land, the control and administration of which are vested in a single body, suitable for industrial use because of location, topography, proper zoning, availability of utilities and accessibility to transportation. The uses permitted are regulated by protective minimum restrictions including size of site, parking and loading regulations and building setback lines from front, side and rear yards.
The terms industry" and "industrial", as used in this Chapter, are restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses and warehousing. It does not include retail and wholesale trades, agricultural uses, institutional uses and other businesses that are primarily commercial in nature.
A building occupied by a non-profit corporation or a non-profit establishment for public use.
An off-street space or berth on the same lot with a building or within a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access. A loading space shall have minimum dimensions of twelve (12) feet by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
A parcel of land occupied or intended for occupancy by use permitted in this Chapter, including one (1) main building together with its accessory building, open spaces and parking spaces required by this Chapter and having its principal frontage upon a street or upon an officially approved place by the Commission.
A lot or portion thereof, not greater than one hundred (100) feet in width and situated at the intersection of two (2) or more streets, having an angle of intersection of not more than one hundred thirty-five degrees (135°).
That percentage of a lot which, when viewed from above, would be covered by a structure or structures, on any part thereof, excluding roof eaves.
The mean (average) horizontal distance between the front and the rear lot lines, measured along the median between the two (2) side lot lines.
A lot which runs through a block from street to street and which has two (2) non-intersecting sides abutting on two (2) or more streets.
The boundaries of a lot.
A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of St. Francois County, Missouri, or a lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of St. Francois County, Missouri, prior to the adoption of this Chapter.
The horizontal distance between two (2) side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
The official plan of highways, primary and secondary thoroughfares, parkways and other major streets, including collector streets, adopted by the Planning Commission, approved by the City Council and duly recorded in the office of the County Recorder.
An establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and blending of materials.
A factory-built structure or structures more than eight (8) body feet in width and thirty-two (32) body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase, "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.
A factory-fabricated, transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes. For the purposes of this Chapter, "modular home units" are considered as permissible single-family dwellings in all residential districts.
Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot and designed, used or intended wholly or in part for the accommodation of transients in automobiles.
Any building or land lawfully occupied by a use at the time of passage of this code or amendment thereto which does not conform after the passage of this Code or amendment thereto with the use regulations of the district in which it is situated.
A home for the aged or infirm in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including, hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
A place where business or services for others is transacted and not a place where chattels or goods, wares or merchandise are commonly created, exchanged or sold.
The map showing streets, highways and parks and drainage, both existing and proposed.
The date when a development plan shall be considered submitted to the Planning Commission and is defined to be the date of the meeting of the Planning Commission at which all required surveys, plans and data are submitted.
An open, unoccupied space used or required for use exclusively for the parking of vehicles and in which no gasoline or vehicular accessories may be sold, nor other business conducted, nor fees charged.
An open, surfaced area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles may be equipped, repaired, rented or sold.
An area, enclosed or unenclosed, sufficient to store one (1) automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of an automobile. An off-street parking space shall have minimum dimensions of nine (9) feet by twenty (20) feet, exclusive of driveways.
A group of basically "L" shaped, single-family dwellings, which more or less enclose a private courtyard or patio and within which each single-family unit is located on an individual subdivided lot.
An open, unoccupied space or a public or private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to abutting property.
A map, plan or layout of a City, township, section or subdivision indicating the location and boundaries of individual properties.
A covered entrance to a building, usually with a separate roof, that may or may not be enclosed or a roofed, open gallery attached to the exterior of a building.
A lot, together with all buildings and structures thereon.
A building or facility owned or operated by a general unit of local, State or Federal Government; or a building or facility under the laws of the State of Missouri; or a building or facility operated or used by a non-profit organization and open for the general use by the public.
A group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.
An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business or which provides general information.
That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or if there is no floor above it, then the space between the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.
A public or private right-of-way or thoroughfare which affords the principal means of access to abutting property.
A dividing line between a lot, tract or parcel of land and a contiguous street.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by existing ordinances.
Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground and including, but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas (projecting roofs).
A land surveyor registered and licensed to do surveying work, including all necessary document preparation, in the County of St. Francois or the State of Missouri.
An area where one (1) or more tents or auto trailers can be or are intended to be parked, designed or intended to be used as temporary living facilities for one (1) or more families and intended primarily for automobile transients.
One of a series of three (3) or more attached single-family dwellings, two (2) or three (3) stories in height, which are separated horizontally from one another by solid partition walls extending from basements to roof without openings and which fronts on a public street or other approved place and has both a front and rear yard.
One of a series of three (3) or more attached dwellings, two (2) or three (3) stories in height, for single-family occupancy which are separated from one another by partition walls extending from basement to roof without openings, but which are not located or sited on individual subdivided lots.
An area or plot of ground upon which four (4) or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located or intended to be located, regardless of whether or not a charge is made for such accommodation.
The purpose for which land or building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.
A passage, hall or room between the outer door and the interior of a building.
An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Chapter. In measuring required yard widths and depths, the minimum horizontal distance between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the minimum horizontal distance between the front lot line and the main building or any projections thereof other than the projections of the usually uncovered steps, uncovered balconies or uncovered porch. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots the real yard shall be at the opposite end of the lot from the front yard.
A yard between the main building and the side line of the lot, extending from the required front yard to the required rear yard and being the minimum horizontal distance between the side lot line and the side of the main buildings or any projections thereto.
[CC 2001 §17.12.010; Ord. No. Z-1-99 §400.025(A), 6-8-1999]
Designation Of Districts. In order to classify, regulate and restrict the locations of trades, industries and the location of buildings designed for specific uses; to regulate and limit the height and bulk of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and determine the areas of yards, courts and other open spaces surrounding such buildings, the City is divided into districts, of which there shall be eleven (11) in number known as:
"A-1" Agricultural District
"R-1" Single-Family Residential District
"R-2" Single-Family Residential District
"R-3" General Residential District
"MH" Mobile Home Park District
"C-1" General Commercial District
"C-2" Central Business District
"C-3" Planned Commercial District
"I-1" Light Industrial District
"I-2" Heavy Industrial District
"I-3" Planned Industrial Park District
Annexed Territory. All territory which may hereafter be annexed to the City shall be classified in the "R-1" Single-Family Residential District until, within ninety (90) days following the annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Article XI "Amendments", Section 405.660 "Amendment Regulations" of this Chapter.
[CC 2001 §17.12.020; Ord. No. Z-1-99 §400.025(B), 6-8-1999]
The boundaries of the zoning districts established within the City are shown upon the Zoning District Map of the City, which accompanies and is made a part of this Chapter. The map and all the information, notations and references shown thereon shall have the same force and effect as if all were fully set forth or described herein. The original of the Zoning District Map is properly attested and is on file with the City Clerk of the City.
Whenever any street or other public way is vacated by official action of the City, the zoning district adjoining each side of such street or public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
Where uncertainty exists with respect to the boundaries of the various districts shown on the district map, the following rules shall apply:
Where a boundary line is given a position within a street, alley or watercourse, it shall be deemed to be in the center of the street, alley or watercourse and if the actual location of such street, alley or watercourse varies slightly from the location as shown on the Zoning District Map, then the actual location shall control.
Where a boundary line is shown on the Zoning District Map as being located a specific distance from a street line or other physical feature, this distance shall control.
Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated main line track.
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into block and lots, the district boundaries shall be construed to be the lot lines and where the districts designated on the Zoning District Map are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
In a subdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale contained on the Zoning District Map.
[CC 2001 §17.12.030; Ord. No. Z-1-99 §400.025(C), 6-8-1999]
Except as hereinafter provided:
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area, parking and other regulations prescribed herein for the district in which the building is located.
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area, parking and other regulations prescribed herein for the district in which the building is located.
The minimum yards, lots areas and other open spaces and parking spaces required by this Chapter shall be provided for each and every building or structure hereafter erected and such minimum yards, lot areas, open spaces and parking spaces for each and every building or structure whether existing at the time of passage of this code or hereafter erected shall not be encroached upon or be considered as a yard, lot area, open space or parking requirement for any other building or structure.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot except as specifically provided in this Chapter.
All plans for the installation of curb, gutter, storm and sanitary sewer shall be subject to approval by the City Engineer and the Planning Commission.