[Ord. No. 2634 §2, 3-12-1992]
For the purpose of this Chapter, certain words and terms used
herein are defined as follows:
ALLEY
A permanent public service way or right-of-way, dedicated
for or in public use, other than a street, place, road, crosswalk
or easement, designed to provide a secondary means of access for the
special accommodation to the back or side of abutting properties and
not intended for general traffic circulation.
AREA, BUILDING
The total 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.
AREA, NET SITE
The total area within the property lines of the site, less
the area of any street right-of-way.
BARRIER (NATURAL OR ARTIFICIAL)
Any street, highway, river, pond, canal, railroad, levee,
embankment, berm, stream or drainage ditch or screening by fence or
hedge.
BENCH MARK
A definite point of known elevation and location and of more
or less permanent character (generally indicated on U.S.G.S topographic
maps).
BLOCK
A unit of property entirely surrounded by public highways,
streets, railroad rights-of-way, waterways, public parks, cemeteries,
corporate boundary lines or other barriers (except alleys, crosswalks
or exterior boundaries of a subdivision, unless such exterior boundary
is a street or highway) or any combination thereof.
BUILDING, STRUCTURE
Any structure, whether temporary, semi-permanent or permanent,
designed or intended for the support, enclosure, shelter or protection
of persons or property.
CITY
The City of Ste. Genevieve, Missouri.
CITY ATTORNEY
The City Attorney of the City of Ste. Genevieve or whomever
shall be designated as City Attorney.
CITY CLERK
The City Clerk of the City of Ste. Genevieve, Missouri.
CITY ENGINEER
The City Engineer of the City of Ste. Genevieve, Missouri,
or whomever shall be designated as City Engineer.
COMMERCIAL USE
Generally, any business of a commercial nature which has
as its primary function the direct sale of goods and services to the
general public.
COMMISSION
The Planning and Zoning Commission of the City of Ste. Genevieve,
Missouri.
COMMON LAND
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision, which land is
conveyed by the developer in fee simple absolute title by a warranty
deed to trustees whose trust indenture shall provide that said common
land be used for the sole benefit, use and enjoyment of the lot owners
present and future. No lot owner shall have the right to convey his/her
interest in the common land except as an incident to the ownership
of a regularly platted lot.
COMPREHENSIVE PLAN
The Comprehensive Plan of the City of Ste. Genevieve, Missouri,
whether in whole or in part, prepared by the Planning and Zoning Commission
and adopted by the Board of Aldermen, in accordance with the authority
conferred by Chapter 89, RSMo.
COUNTY
The County of Ste. Genevieve, Missouri.
CUL-DE-SAC
A short, local street having one (1) end open to traffic
and the other end permanently terminated by a vehicular turnaround.
DEAD-END STREET
A street having one (1) end open to traffic and the other
end closed.
DESIGN
The arrangement of land for easements, lots and rights-of-way,
including materials, improvements, alignments, grade and width of
these elements.
DRAINAGE RIGHT-OF-WAY
The land required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
EASEMENT
A giant by the property owner of the use, for a specific
purpose or purposes, of a strip of land by the general public, utility
companies or private individuals.
ENGINEER
A professional engineer registered in the State of Missouri.
ESCROW AGENT
A title company, bank, savings and loan association, trust
company, reputable attorney or any other person or agency approved
by the City Attorney to act as an escrow agent under the provisions
of this Chapter.
FLOODPLAIN
The area, usually lowlands, adjoining the channel of a river,
stream, watercourse, lake or other body of standing water, which has
been or may be covered by floodwaters.
FLOOD-PRONE AREAS
All land subject to periodic inundation by the overflow of
natural waterways.
FRONTAGE
All the property fronting on one (1) side of a street between
the two (2) nearest intersecting streets or other natural or artificial
barriers.
GRADE
The slope of a road or street specified in percent and shown
on road and street profiles as required herein.
HEALTH DEPARTMENT
The Ste. Genevieve County Health Department and/or the Department
of Public Health and Welfare, State of Missouri, Division of Health.
HILLSIDE AREA
All areas within a tract proposed for subdivision development
with a slope of fifteen percent (15%) or more.
HILLSIDE STREET
A street in which the cross slope of the existing ground
exceeds fifteen percent (15%) and the centerline slope exceeds fifteen
percent (15%).
IMPROVEMENT PLANS
The engineering plans, prepared by a registered professional
engineer, containing all profiles, cross sections, specifications,
construction details and types of materials for all improvements,
excluding dwelling units, to be installed for the development of a
subdivision.
IMPROVEMENTS
Excluding dwelling units, improvements shall include, but
are not limited to, the totality of grading, crosswalks, culverts,
bridges, sanitary and storm sewers, water mains, street surface and/or
pavements, street and road signs, street lights, curbs and gutters,
sewage treatment facilities, pedestrian ways, gas mains, landscaping,
monuments, electric utilities and all other appropriate improvements
required to render land suitable for the use proposed.
JURISDICTION
The corporate area of the City of Ste. Genevieve, Missouri,
or any areas which may subsequently come under the jurisdiction of
said City.
LAND SURVEYOR
A land surveyor registered in the State of Missouri.
LOT
A portion of a subdivision or other parcel of land intended
to be separately owned, rented, leased, developed or otherwise used
as a unit, occupied or to be occupied by a building or group of buildings
anal accessory buildings, together with such yards and lot area as
required by this Chapter and having its principal frontage upon a
street, road or place approved by the Commission.
LOT AREA
The total horizontal area within the boundaries of a lot
exclusive of any land designated for rights-of-way for street or roadway
purposes.
LOT, CORNER
A lot abutting upon two (2) or more streets or road rights-of-way
at their intersection.
LOT DEPTH
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
LOT, DOUBLE FRONTAGE
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.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to the lot depth at a point midway between the front
and rear lot lines.
MAJOR STREET PLAN
The official plans of highways, arterial streets and collector
streets approved by the Commission, adopted by the Board of Aldermen
and duly recorded in the office of the County Recorder of Deeds.
MONUMENT
An object set in the ground to mark the boundaries of real
estate or to mark a survey station.
NON-RESIDENTIAL SUBDIVISION
Either or both:
1.
A division or redivision of a tract of land into more than one
(1) lot, plat or site for commercial or industrial purposes; and
2.
The dedication or establishment of a street or improvement in
conjunction with or use in any such tract.
OFFICIAL MAP
The map showing highways, streets, parks and drainage rights-of-way,
both existing and proposed, as approved by the Board of Aldermen.
OFFICIAL SUBMISSION DATE
The date when a subdivision plan shall be considered submitted
to the Commission and is hereby defined to be the date of the meeting
of the Commission at which all required surveys, plans, plats and
data are submitted.
OPEN SPACE, PUBLIC
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreational areas, school
sites, community or public building sites, open or "green space" areas
and other such areas that shall be deemed necessary by the Commission.
PAVEMENT
An all-weather, dust-free penetration asphalt, asphaltic
concrete or concrete surface.
PEDESTRIAN WAY
An easement or right-of-way dedicated to public use to facilitate
pedestrian access to adjacent streets, roadways and properties.
PERFORMANCE GUARANTEE
Any security, including performance bonds, escrow agreements
and other similar collateral or surety agreements, which guarantees
certain improvements will be made by the subdivider or developer.
PERSON
Any individual, corporation, firm, partnership, association,
estate, organization or any other group acting as a unit.
PLACE
Any open, unoccupied, officially designated space, other
than a street or alley, permanently reserved as the principal means
of access to abutting property.
PLAN, FINAL
The final plan consists of (1) the final plat and (2) the
improvement plans for all or a portion of a land subdivision. All
references to "final plan" within this regulation shall refer to both
the final plat and the improvement plans.
PLAN, PRELIMINARY
A map or plan of a proposed land subdivision showing the
character and proposed layout of the tract in sufficient detail to
indicate the suitability of the proposed use of the tract.
PLAT
A map, plan or layout of a City, township, section, County,
subdivision or mobile home park indicating the location and boundaries
of individual properties.
PLAT, FINAL
The final plat, prepared by a registered land surveyor, showing
complete bearings and dimensions of all lines defining lots and blocks,
rights-of-way for all streets, alleys, roadways and easements, public
areas and other dimensions of land as may be required for the development
of a subdivision.
RESERVE STRIP
Any section of land within or adjoining a subdivision which,
intentionally or otherwise, serves to control access to public streets,
rights-of-way or public facilities.
RIGHT-OF-WAY
The land opened, reserved or dedicated for a street or roadway,
sidewalk, drainage way, railroad or other public purpose.
SINKHOLE
A depression in the land surface of circular or roughly circular
form, within which all surface drainage is internal and within which
surface water is impounded or drains into the subsurface through an
opening in the soil or bedrock.
SLOPE
The inclination of the ground surface from the horizontal
plane, usually expressed in percent, degree or feet per mile.
STREET
A right-of-way, other than an alley, dedicated or otherwise
legally established for the public or private use, with a surface,
usually affording the principal means of access to abutting property.
A street is intended primarily as a means of vehicular travel. The
street right-of-way may provide space for public facilities such as
sanitary and storm sewers, water, gas and electric lines and sidewalks.
A street may be designated as a highway, thoroughfare, road, parkway,
throughway, pike, avenue, boulevard, lane, place, drive, court or
circle. For the purposes of this Chapter, streets shall be classified
as follows:
1.
Arterial. This type of street serves the major
traffic movements entering, leaving or moving within an area. Its
principal function is to move traffic and, in cases of high traffic
volumes, requires limited access or controlled points of access. Access
to property is of secondary importance. These streets are normally
characterized by traffic controls and parking restrictions.
2.
Collector. Streets which provide for traffic
movement between arterial and local streets and provide direct access
to abutting property.
3.
Sub-collector. Provides access to places, lanes
or activity centers or connects collectors with arterials.
4.
Local. The sole function of a local street
is to provide access to immediately adjacent property. A cul-de-sac
is classified as a local street.
5.
Marginal access. A local street parallel and
adjacent to arterials, railroad right-of-way or other barriers, which
provide access to abating properties.
STRUCTURE
Anything constructed which requires permanent or temporary
location on the ground or is attached to something having a permanent
or temporary location on the ground.
SUBDIVIDER
A person, firm, corporation, partnership, association, estate
or any other group or combination acting as a unit for the purpose
of subdividing or resubdividing or proposing to divide a lot, tract
or parcel of land into two (2) or more parcels, sites, tracts or lots
or other subdivision of land that constitutes a subdivision, as defined
herein, for the purpose of transfer of ownership or development, whether
immediate or future, including all changes in street or lot lines.
The term "subdivider" shall include any agent of
a subdivider or developer.
SUBDIVISION
The division of land into two (2) or more smaller lots, tracts
or parcels for the purpose of building, development or transfer of
ownership and/or the dedication or establishment of a public street
or roadway. The term "subdivision" shall include
resubdivision and, when appropriate to the context, shall relate to
the process of subdividing or the land subdivided.
SUBDIVISION, MAJOR
The division of a tract of land into three (3) or more lots,
tracts, sites, parcels or areas any one (1) of which is less than
three (3) acres in area and/or the division of a tract of land into
any number of lots, tracts, sites, parcels or areas of any size which
includes improvements, new streets, easements, rights-of-way, rights
of ingress and egress or provision for a public area or public facility.
SUBDIVISION, MINOR
The division of land into not more than two (2) lots, tracts,
sites, parcels or areas for residential purposes, either of which
is three (3) acres or less in area and each having a frontage of not
more than two hundred (200) feet on an existing City, State or Federal
highway or road dedicated or deeded to the public prior to December
19, 1978, provided that the proposed subdivision of land:
1.
Does not include any new street, easements, rights-of-way, rights
of ingress or egress (except an approved sewer and water system).
2.
Does not include a provision for a public area or public facility.
3.
Conforms to the setback line requirements and other requirements
contained in the zoning ordinance.
4.
Conveys the right-of-way necessary for road widening and maintenance
of City roads, where the granting of such right of-way can be given
without undue hardship.
Included is the division of land and distribution of land held
by a bona fide partnership in existence for two (2) or more years
upon dissolution thereof; and the division of land among the immediate
members of a family for personal use.
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Excluded from these regulations are:
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1.
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The division of land for cemetery usage.
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2.
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The division and distribution of land pursuant to law or court
order.
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3.
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The sale or exchange of parcels of land between owners of adjoining
property for the purpose of correcting or adjusting property lines
or increasing the size of property already owned by one (1) of the
parties.
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4.
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The transfer, exchange or sale of adjoining property to improve
ingress and egress to existing lots, tracts or areas.
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When a minor subdivision is proposed that fronts upon an existing
City maintained street or State maintained highway that is scheduled
for widening within the City's or the State's five (5) year program,
the developer shall convey the necessary right-of-way or post bond
or escrow to assure that the right-of-way shall be provided when the
road widening is started. The bond or escrow agreement, therefore,
need not provide a termination date.
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SURETY COMPANY
An insurance company qualified and acting under the provisions
of Chapter 379, RSMo., which has met the requirements of Section 379.020,
RSMo., thereof and which is approved by the City Attorney.
TITLE COMPANY
A corporation qualified and acting under the Missouri Title
Insurance Law or a corporation which is an issuing agency for an insurance
company insuring land titles.
TRACT
An area or parcel of land which the developer intends to
subdivide and improve or to cause to be subdivided and improved pursuant
to the requirements of this Chapter.
U.S.G.S.
The United States Geological Survey.
YARD
Any open spaces located on the same lot with a building or
structure, unoccupied and unobstructed from the ground up, except
for any accessory buildings or projections as are permitted on the
lot.
YARD, FRONT
A yard extending across the front of a lot between the side
lot lines and being the minimum horizontal distance between the right-of-way
line and the front building line.
YARD, REAR
A yard extending along each side of a lot between the front
yard line and the rear yard line and being the minimum horizontal
distance between the rear lot line and the rear building line.
YARD, SIDE
A yard extending along each side of a lot between the front
yard line and the rear yard line and being the minimum horizontal
distance between the side lot line and the side building line.
ZONING ADMINISTRATOR
The officer designated and authorized by the Board of Aldermen
to enforce the subdivision regulations for the City of Ste. Genevieve,
Missouri.
ZONING DISTRICT MAP
A map entitled "Zoning District Map for the City of Ste.
Genevieve, Missouri, and any amendments thereto.
ZONING ORDINANCE
The part of the Comprehensive Plan now or hereafter adopted,
which includes an ordinance and map dividing the City into zoning
districts with regulations, requirements and procedures for the establishment
of land use controls within the City.