[Ord. No. 2634 §2, 3-12-1992]
For the purpose of this Chapter, certain words and terms used herein are defined as follows:
ALLEYA 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, BUILDINGThe 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 SITEThe 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 MARKA definite point of known elevation and location and of more or less permanent character (generally indicated on U.S.G.S topographic maps).
BLOCKA 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, STRUCTUREAny structure, whether temporary, semi-permanent or permanent, designed or intended for the support, enclosure, shelter or protection of persons or property.
CITYThe City of Ste. Genevieve, Missouri.
CITY ATTORNEYThe City Attorney of the City of Ste. Genevieve or whomever shall be designated as City Attorney.
CITY CLERKThe City Clerk of the City of Ste. Genevieve, Missouri.
CITY ENGINEERThe City Engineer of the City of Ste. Genevieve, Missouri, or whomever shall be designated as City Engineer.
COMMERCIAL USEGenerally, any business of a commercial nature which has as its primary function the direct sale of goods and services to the general public.
COMMISSIONThe Planning and Zoning Commission of the City of Ste. Genevieve, Missouri.
COMMON LANDThat 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 PLANThe 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.
The County of Ste. Genevieve, Missouri.
CUL-DE-SACA short, local street having one (1) end open to traffic and the other end permanently terminated by a vehicular turnaround.
DEAD-END STREETA street having one (1) end open to traffic and the other end closed.
DESIGNThe arrangement of land for easements, lots and rights-of-way, including materials, improvements, alignments, grade and width of these elements.
DRAINAGE RIGHT-OF-WAYThe 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.
EASEMENTA 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.
ENGINEERA professional engineer registered in the State of Missouri.
ESCROW AGENTA 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.
FLOODPLAINThe 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 AREASAll land subject to periodic inundation by the overflow of natural waterways.
FRONTAGEAll the property fronting on one (1) side of a street between the two (2) nearest intersecting streets or other natural or artificial barriers.
GRADEThe slope of a road or street specified in percent and shown on road and street profiles as required herein.
HEALTH DEPARTMENTThe Ste. Genevieve County Health Department and/or the Department of Public Health and Welfare, State of Missouri, Division of Health.
HILLSIDE AREAAll areas within a tract proposed for subdivision development with a slope of fifteen percent (15%) or more.
HILLSIDE STREETA street in which the cross slope of the existing ground exceeds fifteen percent (15%) and the centerline slope exceeds fifteen percent (15%).
IMPROVEMENT PLANSThe 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.
IMPROVEMENTSExcluding 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.
JURISDICTIONThe corporate area of the City of Ste. Genevieve, Missouri, or any areas which may subsequently come under the jurisdiction of said City.
LAND SURVEYORA land surveyor registered in the State of Missouri.
LOTA 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 AREAThe total horizontal area within the boundaries of a lot exclusive of any land designated for rights-of-way for street or roadway purposes.
LOT, CORNERA lot abutting upon two (2) or more streets or road rights-of-way at their intersection.
LOT DEPTHThe horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.
LOT, DOUBLE FRONTAGEA 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 WIDTHThe 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 PLANThe 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.
MONUMENTAn object set in the ground to mark the boundaries of real estate or to mark a survey station.
NON-RESIDENTIAL SUBDIVISIONEither 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
The dedication or establishment of a street or improvement in conjunction with or use in any such tract.
OFFICIAL MAPThe map showing highways, streets, parks and drainage rights-of-way, both existing and proposed, as approved by the Board of Aldermen.
OFFICIAL SUBMISSION DATEThe 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, PUBLICLand 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.
PAVEMENTAn all-weather, dust-free penetration asphalt, asphaltic concrete or concrete surface.
PEDESTRIAN WAYAn easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets, roadways and properties.
PERFORMANCE GUARANTEEAny 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.
PERSONAny individual, corporation, firm, partnership, association, estate, organization or any other group acting as a unit.
PLACEAny open, unoccupied, officially designated space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLAN, FINALThe 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, PRELIMINARYA 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.
PLATA map, plan or layout of a City, township, section, County, subdivision or mobile home park indicating the location and boundaries of individual properties.
PLAT, FINALThe 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 STRIPAny 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-WAYThe land opened, reserved or dedicated for a street or roadway, sidewalk, drainage way, railroad or other public purpose.
SINKHOLEA 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.
SLOPEThe inclination of the ground surface from the horizontal plane, usually expressed in percent, degree or feet per mile.
STREETA 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.
Collector. Streets which provide for traffic movement between arterial and local streets and provide direct access to abutting property.
Sub-collector. Provides access to places, lanes or activity centers or connects collectors with arterials.
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.
Marginal access. A local street parallel and adjacent to arterials, railroad right-of-way or other barriers, which provide access to abating properties.
STRUCTUREAnything constructed which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground.
SUBDIVIDERA 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.
SUBDIVISIONThe 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, MAJORThe 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, MINORThe 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).
Does not include a provision for a public area or public facility.
Conforms to the setback line requirements and other requirements contained in the zoning ordinance.
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. |
Excluded from these regulations are: |
1. | The division of land for cemetery usage. |
2. | The division and distribution of land pursuant to law or court order. |
3. | 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. |
4. | The transfer, exchange or sale of adjoining property to improve ingress and egress to existing lots, tracts or areas. |
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. |
SURETY COMPANYAn 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.
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.
TRACTAn 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.
YARDAny 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, FRONTA 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, REARA 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, SIDEA 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 ADMINISTRATORThe officer designated and authorized by the Board of Aldermen to enforce the subdivision regulations for the City of Ste. Genevieve, Missouri.
ZONING DISTRICT MAPA map entitled "Zoning District Map for the City of Ste. Genevieve, Missouri, and any amendments thereto.
ZONING ORDINANCEThe 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.