[Ord. No. 3187[1] §1, 11-5-2014]
It is the purpose of this Chapter to provide for the orderly
and efficient development of the City of Ellisville by providing rules,
regulations and standards to guide the division and consolidation
of land, as well as the development and use of streets and other public
improvements within the City of Ellisville, Missouri. This Chapter
is to be administered in a manner that will ensure the safe and orderly
growth and development of the community, the conservation of greenspace,
water quality, protection and proper use of land in accordance with
the Ellisville Comprehensive Plan and Land Use Regulations, with adequate
provision for utilities, traffic management, public services and other
municipal purposes.
[1]
Editor's Note: This Chapter amended Ch. 405, Subdivisions, in its entirety. Chapter 405 was derived from R.O. 2005 §§23-1 through 23-4, 23-16 through 23-18, 23-31 through 23-33, 23-46, 23-56 through 23-72, 23-81 and 23-82, 23-91 and 23-92, 23-101 through 23-103, 23-115 through 23-129, and 23-141 through 23-145; CC 1997 §§23-1 through 23-4, 23-16 through 23-18, 23-31 through 23-33, 23-46, 23-56 through 23-66, 23-68 and 23-69, 23-81 and 23-82, 23-91 and 23-92, 12-101 and 23-102, 23-115 through 23-129, and 23-141 through 23-145; Ord. No. 1911, §§1 — 2, 6-1-1994; Ord. No. 2201 §§1 — 3, 10-1-1997; Ord. No. 2219 §1, 12-17-1997; Ord. No. 2532 §1, 11-20-2002; Ord. No. 2630 §1, 4-21-2004; Ord. No. 2709 §1, 8-17-2005; and Ord. No. 2781 §1, 8-2-2006.
[Ord. No. 3187 §1, 11-5-2014]
The City of Ellisville hereby establishes and adopts these regulations
governing streets and other public improvements, right-of-way dedications
and vacations, condominium or condominium building conversions, boundary
adjustments, subdivisions, and amendments to approved plats pursuant
to the authority granted in Chapter 89, Section 89.410, or as may
be amended, of the General Statutes of the State of Missouri. No plat
or plat amendment that includes land within Ellisville may be filed
or recorded with the St. Louis County Recorder of Deeds until it has
been submitted to and approved by the City as specified herein or
until the City's approval is entered on the face of the plat. The
provisions of this Chapter shall be the minimum requirements adopted
for the protection of the public health, safety and general welfare.
[Ord. No. 3187 §1, 11-5-2014]
A.
Except in the case of resubdivision, this Chapter shall not apply
to any lot forming a part of a subdivision recorded in the office
of the Recorder of the County prior to the effective date of the ordinance
from which this Chapter was derived. Nor is it intended by this Chapter
to repeal, annual or in any way impair or interfere with existing
provisions of other laws or ordinances except those specifically repealed
by, or in conflict with, this Chapter or with private restrictions
placed upon property by deed, covenant or other private agreement
or with restrictive covenants running with the land to which the City
is a party. No building permit or repair permits shall be issued for
any structure located on a lot, the plat of which has been prepared
after the date of the adoption of this Subdivision Ordinance, but
which has not been approved in accordance with the provisions contained
herein. Additionally, the City of Ellisville shall not permit any
public improvements to be made or any funds to be expended for improvements
on any property that has been platted after the date of the adoption
of this Chapter, unless such condominium or condominium building conversion,
boundary adjustment, subdivision, amendment to approved plat, or street
has been approved in accordance with the provisions contained in this
Chapter.
B.
Where this Chapter imposes a greater restriction upon land than is
imposed or required by such existing provisions of law, ordinance,
contract or deed, the provisions of this Chapter shall control.
C.
Any person or entity who sells or attempts to sell a lot by metes
and bounds or otherwise, or condominium building or the unit(s) therein,
in violation of this Chapter shall be guilty of a misdemeanor and
may be fined up to one thousand dollars ($1,000.00) per day that such
violation shall continue.
[Ord. No. 3187 §1, 11-5-2014]
The Board of Adjustment shall have authority to vary or modify
the requirements of the subdivision regulations, unless otherwise
specified.
[Ord. No. 3187 §1, 11-5-2014]
If any portion of this Chapter is adjudged invalid or unconstitutional
by a court of competent jurisdiction, such decision shall apply only
to the portion so adjudged and the remainder of this Chapter shall
be deemed valid and effective.
[Ord. No. 3187 §1, 11-5-2014]
At the time an application is filed, the applicant shall pay
a fee as required by the fee schedule approved by the City Council.
