[R.O. 2008 §240.225; Ord. No. 2175, 5-27-2003]
A.
Purpose And Intent. The purpose of this Section is to allow
adjustments to be made to lot lines of platted lots or other lawful
parcels for the purpose of adjusting the sizes of building sites;
however, it is not intended that extensive replatting be accomplished
by use of this Section.
B.
Boundary Adjustment Criteria.
1.
No additional lot shall be created through the boundary adjustment.
2.
The resulting lot or lots shall not be reduced below the minimum
sizes and dimensions required by the zoning ordinance.
3.
The boundary adjustment shall not increase or decrease any original
lot size, including lot area, lot width or lot depth, by more than
ten percent (10%).
4.
Boundary adjustments that do not meet the above criteria shall follow
the procedures for approval of preliminary and final subdivision plat
set forth in this Chapter.
5.
Where a boundary adjustment is proposed fronting on an existing City
maintained road that:
C.
Boundary Adjustment Procedure.
1.
Submission requirements. Each subdivider proposing
a boundary adjustment shall provide to the Department of Public Services:
a.
One (1) completed and signed copy of a boundary adjustment plat application,
as provided by the Department of Public Services, along with the required
fee.
b.
Proof of ownership and/or authorization of the subdivider to act
as an agent of the owners.
c.
A copy of the last instrument conveying title to the land proposed
to be subdivided from the office of the St. Louis County Recorder.
Such instrument shall include the name of the grantor and the grantee
and the date and type of conveyance.
d.
Copy of deed establishing ownership and evidence that all parties
having a mortgage or lien interest including the owners have properly
signed the plat dedication.
e.
A boundary adjustment shall be accomplished by plat and must include
an adequate legal description of the boundaries of the subdivision,
the boundaries of the original lots and the boundaries of the adjusted
lots.
f.
Copy of deed restrictions or restrictive covenants and articles of
incorporation and bylaws of any applicable subdivision association.
g.
Five (5) copies of the boundary adjustment plat on twenty-four (24)
inch by thirty-six (36) inch sheets and one (1) copy of the boundary
adjustment plat reduced to an eight and one-half (8½) inch
by eleven (11) inch sheet shall be provided for staff review. The
boundary adjustment plat shall:
(1)
Be drawn to a scale from one (1) inch equals twenty (20) feet
through one (1) inch equals one hundred (100) feet, so long as the
scale is an increment of ten (10) feet.
(2)
Provide the name of the proposed plat, names and address of
the owners and the professional engineer or registered land surveyor
who prepared the plat.
(3)
Contain a vicinity map showing the relationship of the proposed
boundary adjustment to the surrounding community. The vicinity map
shall cover an area within a radius of one (1) mile of the proposed
subdivision at a scale of one (1) inch equals two thousand (2,000)
feet. The map shall generally locate arterial streets, highways, railroads
and any significant landmarks which help to locate the subdivision.
(4)
Provide the approximate area of the proposed boundary adjustment
plat and the proposed lots therein stated in the nearest one-tenth
(1/10) of an acre, including a complete metes and bounds written description
of the proposed boundary adjustment plat boundaries.
(5)
Depict the location of the plat by U.S.G.S. Survey System and
political subdivisions, including section, town, range, township,
County and State.
(6)
Contain a title, date of preparation, scale of map and north
arrow.
(7)
Depict all plat boundaries based on an accurate traverse, with
all angular and linear dimensions shown. Error of closure of such
boundary survey shall not exceed one (1) in ten thousand (10,000)
(one (1) foot for each ten thousand (10,000) feet of perimeter survey).
(8)
Accurately locate all survey monuments.
(9)
Identify dimensions of the lots or parcels to be adjusted.
(10)
Depict building setback lines, including side yard, rear yard
or property line setback associated with each proposed adjusted lot,
in accordance with the applicable zoning district classification,
easements, existing and proposed, showing locations, widths and purposes.
(11)
Identify and delineate any buffer areas required by the zoning
ordinance.
(12)
Identify the owners of record of land adjoining the proposed
boundary adjustment plat, the existing zoning district classification(s)
and the adjoining properties and the proposed zoning district classification
of the proposed boundary adjustment plat.
(13)
Identify the proposed use of each lot within the proposed boundary
adjustment plat.
(14)
Delineate the Federal Flood Insurance Administration designated
floodplain and floodway boundaries, if any.
(15)
Identify all utilities serving the proposed boundary adjustment
plat.
(16)
Provide a certification by the professional engineer or registered
land surveyor who prepared the plat, indicating that the boundary
adjustment plat is a correct representation of all existing and proposed
land divisions.
2.
The boundary adjustment plat shall be submitted to the Director.
The Director shall review the boundary adjustment plat for compliance
with the boundary adjustment plat criteria above and with the aforementioned
submittal requirements. For boundary adjustment plats in compliance
with submittal requirements, the Director shall have thirty (30) days
to review and approve the proposed boundary adjustment plat. For boundary
adjustment plats not in compliance with submittal requirements, the
Director shall return the boundary adjustment plat to the subdivider
for resubmission.
3.
The boundary adjustment plat must be reviewed and approved by the
Director prior to recording with the office of the St. Louis County
Recorder of Deeds. Upon approval, the Director shall cause the approved
boundary adjustment plat to exhibit the signature of the Secretary
to the Commission entitling the approved boundary adjustment plat
to be recorded.
D.
Lots In Compliance. Boundary adjustments may be allowed
for lawful lots existing in non-compliance with minimum area, frontage
and dimensional requirements of this Chapter or the zoning ordinance,
provided that resulting adjustment of lot lines does not increase
the degree of non-compliance with the zoning ordinance and this Chapter.
E.
Boundary Adjustment Plat Expiration—Revocation Of Approval. If the subdivider fails to record a boundary adjustment plat with
the office of the St. Louis County Recorder within six (6) months
from the date of boundary adjustment plat approval, the City Council
shall require the subdivider to explain extenuating circumstances
preventing the recording of the boundary adjustment plat. If the City
Council determines that an extension of time for recording would serve
the best interest of the City of Olivette, the City Council shall
be authorized to grant one (1) extension for a period not to exceed
six (6) months. If the City Council determines that an extension of
time for recording would not serve the best interest of the City of
Olivette, the City Council shall formally revoke its approval of the
boundary adjustment plat and notify the subdivider and the office
of the St. Louis County Recorder of such action.
[R.O. 2008 §240.230; Ord. No. 2175, 5-27-2003]
A.
Applicability. No condominium subdivision shall be approved,
recorded or developed in any way without compliance with the terms
of this Chapter. This Chapter shall apply to any subdivision or part
of a subdivision intended to be developed by the construction of multiple-family
buildings or a multiple-family building and the sale of the building
by selling individual condominium units rather than by selling the
building to a person, firm, corporation or association which will
act as landlord and rent the dwelling units to individual tenants.
Additionally, all condominiums and the developer thereof shall be
subject to and conform to the provisions of Chapter 448, RSMo., as
amended, or successor Statutes (the "Condominium Act").
B.
Condominium Plat Criteria.
1.
Submission of a preliminary plat. A preliminary
subdivision plat shall be prepared and approved in accordance with
requirements of this Chapter. In addition to the information required
for a preliminary subdivision plat, the following shall be depicted:
2.
Subdivision improvement plans shall be submitted and approved as
set forth in this Chapter, including installing or guaranteeing of
improvements.
3.
A condominium plat which is in conformance with the Condominium Act
shall be submitted for review by the Director and approval of the
Commission.
4.
In addition to the foregoing requirements, every declaration of condominium
prepared pursuant to this Section shall include provisions for the
following:
a.
The Board of Managers shall be responsible for compliance with all
City ordinances with respect to common elements and common areas.
b.
Service of any notice or of any complaint with respect to a violation
of City ordinances relating to common elements or common areas shall
be sufficient if served on the Board of Managers.
c.
Assessment powers of the Board of Managers shall include the right
to levy assessments for the cost of compliance with all City requirements
with respect to the common elements or common areas, the curing of
any violations of these City requirements and the satisfaction of
any fines or costs that may be imposed for violation of City requirements.
d.
A fidelity bond covering the Board of Managers shall be obtained
and maintained in full force and effect at all times.
C.
Condominium Plat Review Procedures. The Director shall review
the condominium plat for conformance with the approved preliminary
subdivision plat, the Comprehensive Plan, the general requirements
of this Chapter and the zoning ordinance. If the condominium plat
is incomplete, the Director shall return the condominium plat to the
subdivider to complete necessary requirements. Upon determination
by the Director that the condominium plat is complete, the subdivider
shall prepare and submit twenty-one (21) copies of the condominium
plat.
The Director shall, within thirty (30) days from receipt of
a complete condominium plat, shall submit a report to the Commission
for consideration. The report shall include comments of the Director,
as well as comments of all agencies and City departments to whom the
condominium plat was referred for review.
D.
Review And Action By The Commission. Within sixty (60) days
of receipt of a complete condominium plat and after receipt of the
Director's report, the Commission shall take action. Action by the
Commission shall consists of one (1) of the following:
1.
Approval. The Commission may recommend approval
of the condominium plat as submitted or may recommend approval of
the condominium plat with amendments.
2.
Disapproval. The Commission may recommend disapproval
of the condominium plat and the grounds for disapproval shall be made
a matter of record.
3.
Failure of the Commission to act within the period specified above
shall be deemed approval of the condominium plat. In any case, the
Director shall notify the subdivider in writing within fifteen (15)
business days of the Commission's action and, if approved, the Commission
shall direct the Director to forward the condominium plat to the City
Clerk for distribution to the City Council for final review.
E.
Review And Action By The City Council. Within thirty (30)
days of receipt of a condominium plat from the Commission, the City
Council shall take action on the condominium plat. City Council action
shall consist of the following:
1.
Approval. The City Council may, by majority vote,
finally approve the condominium plat as recommended by the Commission
or finally approve the condominium plat with amendments by two-thirds
(⅔) majority vote. If the subdivider receives City Council
final approval for the condominium plat, a record condominium plat
may be prepared.
2.
Disapproval. If the condominium plat is not approved
by the City Council, the subdivider may resubmit a new condominium
plat to the Commission as described in this Section.
Failure of the City Council to act within the period specified
above shall be deemed approval of the condominium plat.
F.
Effect And Approval. Final approval of the condominium plat
shall confer upon the subdivider the right to record the approved
condominium plat in the office of the St. Louis County Recorder. The
subdivider shall file the condominium plat with the office of the
St. Louis County Recorder within six (6) months of the date of final
approval of the condominium plat by the City Council.
G.
Condominium Plat Expiration—Revocation Of Approval. If the subdivider fails to record the approved condominium plat
with the office of the St. Louis County Recorder within six (6) months
from the date of final condominium plat approval, the City Council
shall require the subdivider to explain extenuating circumstances
preventing the recording of the condominium plat. If the City Council
determines that an extension of time for recording would serve the
best interest of the City of Olivette, the City Council shall be authorized
to grant one (1) extension for a period not to exceed six (6) months.
If the City Council determines that an extension of time for recording
would not serve the best interest of the City of Olivette, the City
Council shall formally revoke approval of the condominium plat and
notify the subdivider and the office of the St. Louis County Recorder
of such action.
[R.O. 2008 §240.235; Ord. No. 2175, 5-27-2003]
A.
Purpose And Intent. This Section sets out the required review
and approval procedures for vacation of any plat, part of a plat,
street, alley, utility easement or public reservation.
B.
Vacation Criteria. A complete application for vacation shall
be submitted to the Department of Public Services in a form established
by the City (vacation application), along with a non-refundable fee
that has been established by the City Council to defray the cost of
processing the application. No vacation application shall be processed
until the vacation application is complete and the required fee has
been paid. The vacation application shall be made by all owners of
lands adjoining on both sides of the street, alley or public reservation
proposed to be vacated. If the vacation application is not submitted
by all such owners, the fact shall be noted on the vacation application
along with the names and addresses of all adjoining owners who are
not a party to the vacation application.
The following shall be submitted in support of a vacation application:
1.
A written explanation of why the vacation is being requested.
2.
Name and address of all owners of property abutting the proposed
vacation area.
3.
Notarized affidavit(s) from each owner(s) of land adjoining said
area that is proposed to be vacated, who are not listed as an applicant,
indicating their consent to the vacation.
4.
A written description of the boundaries of the area to be vacated
submitted by a professional engineer or registered land surveyor.
5.
Survey or such drawings acceptable to the Director depicting the
street, alley or public reservation sought to be vacated, any utilities
contained therein and the properties, and each property's ownership,
surrounding said street, alley or public reservation.
C.
Vacation Application Review Procedures. The Director shall
review the vacation application for conformance with the Comprehensive
Plan, the general requirements of this Chapter and zoning ordinance
and the applicable review criteria. If the vacation application is
incomplete, the vacation application shall be returned to the applicant(s)
to complete necessary requirements. Upon determination by the Director
that the vacation application is complete, the applicant shall prepare
and submit twenty-one (21) copies of the vacation application.
The Director, within forty-five (45) days from receipt of a
complete vacation application, shall schedule a duly noticed public
hearing before the Commission and submit a report to the Commission
for consideration. The report shall include comments of the Director,
as well as comments of all agencies and City departments to whom the
vacation application was referred for review.
D.
Notice Of Public Hearing.
1.
Newspaper notice. Notice of the time and place of
scheduled public hearing before the Commission shall be published
in a newspaper of general circulation at least fifteen (15) days prior
to the public hearing.
2.
Written notice. The City will attempt to notify
by mail all owners of property abutting the proposed area of vacation.
E.
Review And Action By The Commission. Within sixty (60) days
of the public hearing, receipt of a complete vacation application
and after receipt of the Director's report, the Commission shall take
action. Action by the Commission shall consists of one (1) of the
following:
1.
Approval. The Commission may recommend approval
of the vacation application as submitted or recommend approval of
the vacation application with amendments.
2.
Disapproval. The Commission may recommend disapproval
of the vacation application for reasonable cause.
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In either case, the Director shall notify the applicant in writing
within fifteen (15) business days of the Commission's action and,
if approved, the Commission shall direct the Director to forward the
vacation application to the City Clerk for distribution to the City
Council for final review.
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F.
Review And Action By The City Council. The City Council
shall consider the vacation application request at a regular meeting.
The City Council shall approve the application if the City Council
determines from the submitted evidence and testimony that:
1.
Due and legal notices have been given by publication as required
herein.
2.
No private rights will be injured or endangered by the vacation.
3.
The public will suffer no loss or inconvenience thereby and that
in justice to the applicant the vacation application should be granted.
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The City may retain easements in the vacated property if deemed
necessary for the public good or welfare.
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G.
Effect And Approval. Approval of the vacation application
shall confer the applicant(s) the right to record a vacation plat
in the office of the St. Louis County Recorder. The applicant(s) shall
file a vacation plat with the office of the St. Louis County Recorder
within six (6) months of the date of approval of the vacation application
by the City Council.
H.
Vacation Plat Expiration—Revocation Of Approval. If
the applicant(s) fails to record the vacation plat with the office
of the St. Louis County Recorder within six (6) months from the date
of vacation application approval, the City Council shall require the
applicant(s) to explain extenuating circumstances preventing the recording
of the vacation plat. If the City Council determines that an extension
of time for recording would serve the best interest of the City of
Olivette, the City Council shall be authorized to grant one (1) extension
for a period not to exceed six (6) months. If the City Council determines
that an extension of time for recording would not serve the best interest
of the City of Olivette, the City Council shall formally revoke approval
of the vacation plat and shall notify the applicant and the office
of the St. Louis County Recorder of such action.
