[R.O. 1992 § 455.030; Ord. No.
342 §§ I – II, 11-13-1997]
Definitions. The following definitions shall apply in interpretation
and enforcement of this Chapter, unless otherwise specifically stated.
ABUTS/ABUTTING
To be separated by common property lines or an alley. This
term implies a closer proximity than the term "adjacent."
ACCESS
A place or means of entering and exiting from public right-of-way
to private property.
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure having a use customarily
incident to and located on the lot occupied by the main building.
A building housing an accessory use is considered an integral part
of the main building when it has any part of a wall in common with
the main building or is under an extension of the main roof and designed
as an integral part of the main building.
ACCESSORY USE
A use incidental and subordinate to the principal use of
the premises.
ADJACENT
Lying near or close to: sometimes, contiguous: neighboring.
ALLEY
A minor public or private right-of-way shown on a plat providing
secondary vehicular access to the rear or side of a lot, block or
parcel of land otherwise abutting a street.
ALTERATION
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
AREA, GROSS
The entire area within the boundary lines of a territory
proposed for a subdivision, including the area to be dedicated for
street and alley right-of-way and public use.
AREA, NET
The entire area within the boundary lines of a territory
proposed for subdivision, less the area to be dedicated for street
and alley right-of-way and public use.
AS-BUILT PLANS
Construction plans revised to show a facility or structure
as actually constructed and as it appears on the tract of land involved.
BENCH MARK
A definite point of known elevation and location and more
or less permanent character.
BLOCK
An area of land within a subdivision that is entirely bounded
by streets, highways or rights-of-way, except alleys or between streets,
highways, streams, parks, etc., or any other barrier, or combination
thereof, to the continuity of development.
BUILDING
Any structure having a roof supported by columns or walls
built for the support, shelter 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.
BUILDING COVERAGE
The proportion of the lot area, expressed as a percent, that
is covered by the maximum horizontal cross-section of a building or
buildings.
BUILDING HEIGHT
The vertical distance from the average ground level abutting
a building or structure to the highest point of the roof of a building
or highest point of any permanent part of a structure other than a
building.
BUILDING LINE or SETBACK LINE
A line parallel to a street right-of-way line, shore of a
lake, edge of a stream, or other property line established on a parcel
of land or lot for the purpose of prohibiting construction of a building
or structure in the area between such building line and right-of-way,
lake shore, stream bank or other property line.
BUILDING OFFICIAL
The person designated by the Board of Aldermen to administer
all building permits and related construction items.
CERTIFICATE OF OCCUPANCY
Official certification which permits the use of a building
in accordance with the approved plans and specifications and which
certifies compliance with the provisions of law for the use and occupancy
of the building in its several parts together with any special stipulations
or conditions of the building permit.
CITY
The City of Wright City, Missouri.
CITY BOARD OF ALDERMEN
The officially elected Board of Aldermen of the City of Wright
City; the term may be abbreviated in this Chapter as the "Board."
CITY CLERK
The person designated by the Board of Aldermen to sign the
record plat signifying approval by the Board of Aldermen.
CITY ENGINEER
An official appointed by the Board of Aldermen as the City
Engineer.
CITY PLANNER
The person designated by the Board of Aldermen to work with
the Board of Aldermen, Planning and Zoning Commission and Board of
Adjustment on all development related matters.
CITY PLANNING AND ZONING COMMISSION
The officially appointed Planning and Zoning Commission of
the City of Wright City; the term may be abbreviated in this Chapter
as the "Commission."
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 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 all incident of the ownership of a regularly platted lot.
COMPREHENSIVE PLAN
A comprehensive land use plan made and adopted by the City
Planning and Zoning Commission and Board of Aldermen for the City
of Wright City which through any combination of test, charts and maps
sets forth proposals for general locations for various land uses,
streets, parks, schools, public buildings, utilities, and for the
physical development of Wright City.
CONDOMINIUM
A multiple-family dwelling wherein each unit may be individually
owned.
CONSTRUCTION PLANS (IMPROVEMENT PLANS)
The engineering drawings showing types of materials and construction
details for physical structures and facilities, excluding dwelling
units to be installed in conjunction with development of a subdivision.
CUL-DE-SAC
A local street with only one (1) outlet and having an appropriate
turn-around at the end for the safe and convenient reversal of traffic
movement.
CURB LEVEL
The mean level of the curb in front of the lot or, in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
DEDICATION
Intentional transfer by the developer to the public of ownership
of or an interest in land for a public purpose. Dedication may be
effected by compliance with Statutes relating to dedication of land,
by formal deed of conveyance, or by any other method recognized by
the laws of the State of Missouri.
DEED
A legal document which conveys real property.
DEVELOPER
Any person, persons, corporation or government agency undertaking
any development as defined in this Chapter. The term "developer" includes
such commonly used references as subdivider, owner and proprietor.
DEVELOPMENT
Any subdivision of land as herein defined or any material
change in the use or appearance of any parcel of land subject to provisions
of this Chapter, or the act of building structures and/or installing
site improvements.
DISPLAY HOME
A dwelling unit used initially for display purposes which
typifies the type of units that will be constructed in the subdivision.
EASEMENT
A right or privilege to use a portion of another property
for a particular purpose.
ENGINEER
A professional engineer registered in the State of Missouri.
ESCROW AGENT
A title company, bank, savings and loan association, trust company, attorney or other person, company or agency approved by the City Board of Aldermen to act as escrow agent under provisions of Section
410.110 of this Chapter.
FLOODPLAIN
That area of land adjoining the channel of a river, stream,
watercourse, lake or similar body of water which will be inundated
by a flood which can be expected once every one hundred (100) years
for that region, as defined by the U.S. Corp. of Engineers and required
by the National Flood Insurance Act.
FRONTAGE
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street right-of-way.
GRADE
The slope of a surface specified in percent and shown on
a surface profile plan as required herein.
GREENBELT or BUFFER STRIP
A strip of land located between incompatible land uses which
is subject to private use restrictions, or a negative easement, or
is dedicated to public use as open space for the purpose of protecting
the built environment of a subdivision or to enhance a street right-of-way,
or both.
IMPROVEMENT PLANS (CONSTRUCTION PLANS)
The engineering plans showing types of materials and construction
details for the physical structures and facilities to be installed
both in, or in conjunction with, the proposed subdivision.
IMPROVEMENTS
Any structural material or physical change incident to servicing
or furnishing facilities for a subdivision such as, but not limited
to, grading, street pavements, curb and gutter, driveway approaches,
sidewalks and pedestrian ways, water mains and lines, sanitary sewers,
storm sewers, culverts, bridges, utilities, lakes, waterways, canals,
permanent street monuments, and other appurtenant construction; demolition
of structures; planting and landscaping; or removal of trees and other
vegetative cover.
INDUSTRIAL SUBDIVISION
A subdivision and development of land, as defined in this
Chapter, in which the land is to be used for medium or light manufacturing
plants, trucking and/or railroad facilities, warehousing, industrial
research and similar activities.
LOT
A measured portion of a tract of land, described and fixed
in a recorded plat or in a plat proposed to be recorded, considered
and intended as a unit for transfer of ownership or for development.
LOT AREA
The total horizontal surface area within the boundaries of
a lot exclusive of any area designated for street purposes.
LOT DEPTH
The mean horizontal distance from the front lot line to the
rear line.
LOT LINE WIDTH
The horizontal distance between side lot lines measured at
the front building line.
LOT LINE, FRONT
The boundary between a lot and the street on which it fronts.
LOT LINE, REAR
The boundary line or lines opposite and most distant from
the front street line: except that in the case of uncertainty the
Building Inspector shall determine the rear line.
LOT LINE, SIDE
Any lot boundary line not a front or rear line thereof; a
side line may be a party lot line, a line bordering on an alley or
place, or a side street line.
LOT, CORNER
A lot abutting two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot. Also known as a "through lot."
LOT, INTERIOR
A lot whose side lines do not abut upon any street.
MANUFACTURED HOME
A structure, transportable in one or more sections, which,
in the traveling mode, is eight (8) body feet or more in width or
forty (40) body feet or more in length, or, when erected on site,
is three hundred twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems contained therein. Each manufactured home must meet the minimum
standards of Chapter 700, RSMo. It must meet all the standards relating
to manufactured homes as adopted by the Missouri Public Service Commission
and evidenced by a seal issued by the Public Service Commission or
equivalent standards such as the standards established under Title
42 of the United States Code.
[Ord. No. 890, 8-25-2016]
MATERIAL CHANGE
Includes, but is not limited to, any commencement of mining,
excavation, grading or land clearance; deposit of refuse, waste or
fill on land not already used for that purpose or permitted to be
used for that purpose by the Zoning Code; or which extends the height
of any existing deposit above the level of land adjoining the site;
alteration of a shore bank, or flood plain of a river, stream or any
lake, natural or artificial.
MOBILE HOME
A transportable, factory-built home designed to be used as
a residential dwelling and built prior to the enactment of the Federal
Manufactured Home Construction and Safety Standards Act of 1974, which
became effective June 15, 1976.
[Ord. No. 890, 8-25-2016]
MODULAR HOME
A building assembly or system of building sub-assemblies,
designed for habitation as a dwelling for one (1) or more persons,
including the necessary electrical, plumbing, heating, ventilating
and other service systems, that is constructed with conventional floor
joist or trusses, does not include a permanent chassis, is of closed
or open construction, and is made or assembled by a manufacturer,
off the building site, for installation, or assembly and installation,
on the building site, with a permanent foundation. For purposes of
this Code, a modular home is a dwelling permitted in any district
that permits single-family or duplex dwellings. A shipping container
home shall not be considered a modular home.
[Ord. No. 890, 8-25-2016]
MODULAR UNIT
A transportable building unit designed to be used by itself
or to be incorporated with similar units at a point of use into a
modular structure to be used for residential, commercial, educational
or industrial purposes. This definition shall not apply to structures
under six hundred fifty (650) square feet used temporarily and exclusively
for construction site office purposes. Each modular unit must meet
the minimum standards of Chapter 700, RSMo. A modular seal permanently
affixed to the modular unit and issued by the State of Missouri certifies
that the modular unit has been built to applicable construction and
safety standards.
[Ord. No. 890, 8-25-2016]
NEGATIVE EASEMENT
A grant by the developer to the public, a corporation or
person for use of a recorded strip of land for open space or other
non-developed purposes.
NON-ACCESS RESERVATION
A parcel or tract of subdivision land withheld from development
and subject to private use and access restrictions for the purpose
of protecting the environment of a subdivision, or to enhance a street
right-of-way or to improve traffic flow on a principal street.
OFF-SITE
Any premises not located within the area of the property
to be subdivided or developed, whether or not in the same ownership
of the applicant for subdivision approval or a building permit.
OPEN SPACE
Land dedicated or reserved for use by the general public
or for use by residents of the subdivision, or land held out of development
and retained in its natural conditions, with or without public access.
Open space includes but is not limited to parks, parkways, playgrounds,
school sites, wildlife or plant life preserves and nature study areas.
PARCEL or TRACT
A continuous area or acreage of land which can be divided
or subdivided as provided for in the State of Missouri and by this
Chapter.
PEDESTRIAN WAY
A separate right-of-way dedicated to or reserved for public
use by pedestrians which crosses blocks or other tracts of land to
facilitate pedestrian access to adjacent streets and properties.
PLANNED UNIT DEVELOPMENT
An area with a minimum continuous coverage of five (5) acres
which is to be developed as a single entity according to a plan and
which is to contain one (1) or more residential, commercial, industrial
or other land uses; along with associated uses primarily for the benefit
of the Planned Unit Development, a PUD may be planned, developed and
regulated as a single land use unit.
PLAT
A map or chart of a tract of land or a subdivision of land.
PLAT, PRELIMINARY
The map(s), drawing(s) and/or chart(s) on which a developer's
plan of subdivision and existing conditions are presented to the Planning
and Zoning Commission which will submit its findings as to approval,
conditional approval or disapproval to the Board of Aldermen and shall
include the reasons for such action as part of their permanent record.
PLAT, RECORD
A plat depicting a subdivision previously granted preliminary
approval by the Planning and Zoning Commission, designated information
set forth in this Chapter designating exact survey location of lots
or parcels, as well as bearing the seal of a professional engineer
or surveyor registered in the State of Missouri.
PRIVATE STREET OR ROADWAY
Property in either platted or unplatted areas which has been
approved under the terms of this Chapter used and open for private
and public vehicular traffic but not dedicated, owned or maintained
by the City of Wright City.
PUBLIC IMPROVEMENT
Any facility for which the local government or utility may
ultimately assume the responsibility for maintenance and operation,
or which may affect an improvement for which local government or utilities
responsibility is established.
PUBLIC USE
Public parks, playgrounds, recreational areas, designated
scenic or historic sites; school sites or sites for other public buildings;
and other areas dedicated to public use or enjoyment.
PUBLIC USE, QUASI-
Any use which is essentially public, as in services rendered,
although it is under private ownership or control.
PUBLIC UTILITY
A business or service having an appropriate franchise from
the City/State and engaged in regularly supplying the public with
some commodity or service which is of public consequence and need,
such as electricity, gas, water, etc.
REPLAT
The process of changing, or the map or plat which changes,
the boundaries of a recorded subdivision plat or portion thereof.
RESTRICTIVE COVENANT
A restriction on the use of land, normally among private
participants, contained in the deed to the property or otherwise formally
recorded.
REVERSE FRONTAGE
When a subdivision lot occurs between two (2) non-intersecting
streets, one (1) of which is a parkway, thoroughfare or collector
and the other is a minor residential street, the lot will front on
the minor residential street and a non-access reservation will be
provided buffering the rear of the lot from the traffic artery.
RIGHT-OF-WAY
The land opened, reserved or dedicated for a street, sewer,
water, walk, drainage course or other public purpose.
ROADBED
The entire improved portion of the street, including shoulder,
parking lanes, travel ways, curbs and gutters, which lies between
the right-of-way lines.
SETBACK
The required distance between every structure and the lot
line on the lot on which it is located.
SHIPPING CONTAINER HOME
A building used for permanent or temporary human occupancy,
including, but not limited to, living, sleeping or other residential
uses, composed of one (1) or several conjoined and/or stacked prefabricated
metal containers formerly used as an enclosed shipping container for
over-ocean, over-road and/or over-rail shipment of bulk goods.
[Ord. No. 890, 8-25-2016]
SIDEWALK
A structure, including necessary guardrails and steps, placed
within the right-of-way of existing streets or connecting buildings,
parking lots, public use area or other facilities having access to
the street right-of-way for the purpose of providing safe pedestrian
movement.
STREET
A general term denoting a public or private thoroughfare
which affords the principal means of access to abutting property.
The term includes all facilities which normally are found within the
right-of-way; it shall also include such other designations as highway,
thoroughfare, parkway, throughway, road, pike, avenue, boulevard,
lane, place or court or other such terms but shall not include alley
or pedestrian way.
STREETS, ACCESS
A private thoroughfare or driveway which affords a means
of access to parking areas and bays and to abutting buildings and
is less than four hundred (400) feet in length.
STREETS, ARTERIAL
Arterials are facilities designed to collect and distribute
traffic in a manner similar to the primary arterial, except that the
traffic generators served are of smaller nature than those serviced
by primary arterials. Secondary arterials provide service to specific
traffic destinations and easy movement from one (1) neighborhood area
to another within the same part of the metropolitan area. Minor arterial
streets, like principal arterials, should not provide direct access
to residential lots and should have the same standards as principal
arterials regarding access to commercial developments. Minimum rights-of-way
should be eighty (80) feet and a minimum pavement width of forty-four
(44) feet.
STREETS, COLLECTOR
Collector streets gather traffic from local streets and carry
it to arterial streets where such traffic can then proceed to its
destination. Collectors should be planned in such a manner that they
clearly provide a "collector" service for a neighborhood or development
unit but inhibit through traffic movement between neighborhoods or
adjacent development units. Minimum rights-of-way should be sixty
(60) feet and pavement width should be thirty-six (36) feet.
STREETS, FREEWAY
Freeways are divided, limited access facilities which have
full control of access and have no traffic crossings or intersections
at grade. Designed solely for the purpose of moving high speed traffic,
the freeway is not intended to provide access or service to abutting
properties. Rights-of-way vary in width but generally are greater
than two hundred (200) feet. Pavement widths should be at least forty-eight
(48) feet [four (4) twelve-foot lanes] or greater with access limited
to intervals established by the Highway Department. Median widths
must be approved by State Highway Department.
STREETS, INDUSTRIAL
Industrial streets are intended to serve industrial properties
and carry heavy volumes of truck traffic. Minimum right-of-way should
be sixty (60) feet and minimum pavement width should be thirty-six
(36) feet to allow two (2) moving lanes of eighteen (18) feet width.
STREETS, MINOR RESIDENTIAL
Minor residential streets are intended to serve individual
properties which abut the street. They should be designed for low
speed circulation within the immediate neighborhood and to discourage
through traffic by intersecting with arterial streets only when absolutely
necessary. Minimum rights-of-way should be fifty (50) feet while minimum
pavement width should not be less than twenty-six (26) feet or twenty-four
(24) feet in the case of large lot residential streets. Additional
rights-of-way and pavement widths may be necessary for local residential
streets in the vicinity of schools, churches or other higher volume
traffic generating area.
STREETS, PARKWAY
Parkways are a special form of transportation facility performing
the dual function of aesthetics and movement of traffic. In addition,
parkways, while considered to be scenic drives or urban greenbelts,
also experience traffic volumes similar to those of primary and secondary
arterials, and as a matter of necessity should prohibit direct access
to adjacent residential lots. The alignment of parkways should correlate
with that of natural watercourses in an effort to preserve efficient
natural stormwater drainage and aid in prevention of potential flooding
problems. It is recommended that the minimum right-of-way for parkways
be one hundred (100) feet in width. Parkways where bicycle paths and
jogging trails are included require one hundred twenty (120) feet
right-of-way or more. A minimum pavement width of twenty-eight (28)
feet from back of curbs should be provided for each pavement section
so as to provide two (2) moving traffic lanes in each direction.
STREETS, PRINCIPAL ARTERIAL
Are the major traffic facilities in urban areas. They are
intended to move traffic through the Wright City planning area with
a minimum amount of delay. Minimum rights-of-way should be one hundred
(100) feet and minimum pavement width should be forty-eight (48) or
sixty-four (64) feet (when constructed with a sixteen-foot center
median). Because principal arterials are designed to move traffic,
they should provide no driveway access to adjacent residential land
uses. Residential lots should back or site onto arterial streets.
Commercial land uses may be provided access to arterial streets, but
only when access to local or collector streets cannot be obtained.
Additional access standards for principal arterial streets provide
for a maximum of seven (7) street cuts per mile at a minimum interval
of five hundred (500) feet.
STRUCTURE
Any object or assembly of materials constructed or installed
on, above or below the surface of a parcel and includes but is not
limited to any combination of materials, whether portable or fixed,
having a roof, to form a building for occupancy by persons, animals
or property; anything attached to a building; any pole, pipeline or
other part of a distribution system whether located on, above or below
the surface of a parcel. A structure is any improvement as defined
in this Chapter, other than a material change as defined in this Chapter.
SUBDIVISION
The partitioning of a parcel or tract of land by an owner
or developer into two (2) or more lots of any size for the purpose
of sale, lease or development, whether immediate or future; included
are all changes in street lines, dedication or platting of streets,
and changes in lot lines.
SUBGRADE
That portion of a roadbed upon which a compacted base course
is to be constructed or a road surface placed.
SURETY BOND
A bond approved by the Board of Aldermen posted with a surety company, as defined in this Chapter, to guarantee a developer's performance of subdivision improvements in accordance with Section
410.110 of this Chapter.
SURETY COMPANY
A surety, title or insurance company approved by the Board of Aldermen to act as surety under Section
410.110 of this Chapter.
SURVEYOR
A professional land surveyor registered in the State of Missouri.
TEMPORARY OCCUPANCY
A permit to occupy a development prior to site improvements
being completed, issued by the Board of Aldermen.
TRANSITION
A strip of land located between incompatible land uses which
is subject to private use restrictions, or a negative easement, or
is dedicated to public use as open space for the purpose of protecting
the environment of a development or to enhance a street right-of-way,
or both.
YARD
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the least horizontal
distance between the lot line and the building shall be used. Where
lots abut a street, all yards abutting said street shall be measured
from the street right-of-way.
YARD, FRONT
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
YARD, REAR
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
YARD, SIDE
A yard between the main building and the adjacent side line
of the lot and extending entirely from a front yard to the rear yard.
ZERO LOT LINE DWELLING UNIT
A development approach in which a freestanding building is
sited on one (1) or more lot lines with no yard on the zero lot line
side in order to increase the amount of usable open space on the remaining
area of the lot. Zero lot line dwellings are designed with no windows
facing the zero lot line side and are internally oriented to an enclosed,
private courtyard or patio. Typically the zero lot line unit is a
one (1) story, L-shaped single-family house designed as a two (2),
three (3) or four (4) bedroom unit on lots eighty (80) to one hundred
(100) feet deep by forty (40), fifty (50) or sixty (60) feet wide,
at density of five (5) to seven (7) families per gross acre. The zero
lot line unit is usually designed in group or cluster arrangements
and the land saved from conventional size house lots are used as common
open space for recreation or to preserve natural features of the site.
[R.O. 1992 § 455.260; Ord. No.
342 §§ I – II, 11-13-1997]
All lines for telephone, electrical, television and other services
distributed by wire or cable shall be placed underground throughout
a subdivision. Overhead lines may be permitted upon recommendation
of the Planning and Zoning Commission and approval by the Board of
Aldermen at the time of approval of the preliminary plat where it
is determined that such lines will not impair the health, safety,
general welfare, design, appearance and character of the subdivision,
and only where such overhead lines are brought to the perimeter of
the subdivision. This Section shall not be construed to prohibit the
construction of above ground or surface equipment associated with
an underground distribution system, such as (but not limited to) surface
mounted transformers, power terminal pedestals, meters and meter boxes,
concealed wires, street lights and street light poles.
[R.O. 1992 § 455.330; Ord. No.
342 §§ I – II, 11-13-1997]
Where the subdivision contains sewers, sewage treatment plants,
water supply systems, or other physical facilities that are necessary
or desirable for the welfare of the area or that are of common use
or benefit and which are not or cannot be satisfactorily maintained
by an existing public agency, provision shall be made which is acceptable
to the agency having jurisdiction over the location and maintenance
of such facilities and for the proper and continuous operations, maintenance
and supervision of such facilities.