[Ord. No. 2000-46 §1(24-1), 4-10-2000]
A.
The
platting of land is the first (1st) step in the process of urban development.
The arrangement of land parcels in the community for residential,
commercial and industrial uses and for streets, alleys, schools, parks,
drainage ways and utility easements will determine to a large degree
the design, character and conditions in the urban area. The quality
of the urban area is of public interest. These regulations and standards
for the platting and subdividing of land for urban use are to make
provision for adequate light, air, open space, drainage, traffic circulation,
utilities and other needs to insure the development and maintenance
of a healthy, attractive and efficient community.
B.
These
regulations are designed to:
[Ord. No. 99-1 §1(24-2), 1-11-1999; Ord. No. 2000-89 §1(24-2), 10-9-2000]
The following words, terms and phases, when used in this Chapter,
shall have the meanings ascribed to them in this Chapter, except where
the context clearly indicates a different meaning:
Means a minor public easement used primarily for vehicular
service access to the back or side of properties otherwise abutting
on a street and not intended for general traffic circulation.
Means the developer or owner of land submitting an application
for property to be platted or subdivided. Consent shall be required
from the legal owner of the premises.
A tract of land bounded by streets or by a combination of
streets, streams, railroad right-of-way, parks, etc.
A setback line from the lot line which restricts the buildable
area of the lot.
The plan made and officially adopted by the Planning and
Zoning Commission which includes a plan for land use and major streets.
Any proprietor, individual person, firm, association, syndicate,
co-partnership, corporation, trust, condominium developer or other
legal entity that directly or indirectly causes land to be platted
or subdivided for itself or for others.
A grant by the property owner to the public, a utility or
persons for the use of a strip of land for specific purposes.
The slope of roads, streets or other public ways specified
in percentage terms.
Street pavements, roadways, curbs, gutters, sidewalks, bikeways,
water distribution systems and water mains, storm drainage systems,
electrical power and distribution systems, gas distribution systems,
sanitary sewer systems and street signs.
A developable tract of land entirely or almost entirely surrounded
by lots, development, flood plain or severe topography without a street
or public access.
A piece of land within a plat indicated on a subdivision
as a numbered, lettered or otherwise identified parcel of land to
be offered for sale, dedication or development and which may be described
by reference to lot, block and plat name designation only, without
reference to metes and bounds.
The Section of the adopted City plan dealing with streets
and the accompanying major street map.
A right-of-way easement dedicated to public use, which cuts
across a block to facilitate pedestrian access to adjacent streets
and properties.
The map or plan of a piece of land that indicates the location
and layout of streets, easements and land areas for public or private
ownership.
Any change in the division of a tract or block of land that
affects any lot line or parcel boundary, including lot splitting,
but excluding combining lots.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, utility line or pipe, water main, sanitary
or storm sewer main or for another special use. A right-of-way is
separate and distinct from the lots or parcels adjoining such right-of-way
and not included within the dimensions or areas of such lots or parcels.
Rights-of-way intended for any use involving maintenance by a public
agency shall be dedicated to public use by the maker of the plat on
which such right-of-way is established.
A right-of-way dedicated to the public use or a private right-of-way
serving more than one (1) ownership which provides principal vehicular
and pedestrian access to adjacent properties and is intended for general
traffic circulation.
Arterial street: A major street, highway or
roadway designated as such on the adopted major street plan.
Collector street: A street which collects
traffic from local streets and is designated as a collector street
on the City's major street plan and may include the principal entrance
streets of a residential development and streets for circulation within
such development.
Cul-de-sac: A street having one (1) end open
to traffic and being permanently or temporarily terminate by a vehicle
turnaround.
Frontage roads: A minor street which is parallel
and adjacent to an arterial or collector street and provides access
to abutting properties.
Local street: A minor street which is not designated
as an arterial or collector street or State or Federal highway.
Major street: Any arterial or collector street
as shown on the adopted City major street plan and all State or Federal
highways in the City.
The division of a parcel of land into two (2) or more lots
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
The Zoning Ordinance of the City, which regulates the use
of land, density of development, height of structures, building setback
and open space requirements within various districts of the City.
[1]
State Law Reference — Streets, subdivision defined,
§89.300(2), (3), RSMo.
[Ord. No. 99-1 §1(24-3), 1-11-1999]
A.
All
plats or replats of land hereafter made within the City limits shall
be prepared by the developer, presented to the Planning and Zoning
Commission for approval, submitted to the City Council for acceptance
and endorsement and filed with the County Recorder for official record
as prescribed in this Chapter.
B.
The
regulations contained in this Chapter shall also apply to the subdivision
or resubdivision of land into lots and parcels. Division of land for
agricultural purposes in parcels or tracts of land of five (5) acres
or more and not involving any new streets or easements of access shall
be exempt from the requirements of these regulations.
[1]
State Law References — Procedure for approval or disapproval
of plats, §§89.400, 89.420, 89.430, RSMo.
[Ord. No. 99-1 §1(24-4), 1-11-1999]
No building permit shall be issued for any structure that is
located upon a lot in an area that has not been subdivided, unless
approved in the manner as provided for in these regulations. This
shall not apply to subdivisions or lots of record which were platted
prior to the adoption of this Chapter. Lots described by metes and
bounds, which were in existence prior to February 22, 1971, may be
used in a manner permitted by the zoning ordinance applicable to the
area in which such lots are located without regard to provisions of
this Chapter prohibiting such use without subdivision thereof.
[Ord. No. 99-1 §1(24-5), 1-11-1999]
A.
Whenever
it is found that the land included in a subdivision or plat presented
for approval is of such size or shape or requested by the developer
is of such topographic condition that full conformity to the provisions
of these regulations is impossible or is impractical, the Planning
and Zoning Commission may recommend to the City Council by letter
that the Council authorize a variance or exception in the final plat
so that substantial justice may be done and the public interest secured.
In recommending such variance or exception, the Planning and Zoning
Commission must find that:
1.
There are special physical conditions affecting property;
2.
The variance or exception is necessary for the reasonable and acceptable
development of the property in question; and
3.
The granting of the variance or exception will not be detrimental
to the public welfare or injurious to adjacent property and will not
annul the intent and purpose of these regulations.
[Ord. No. 99-1 §1(24-6), 1-11-1999]
If areas that have been subdivided and substantially developed are resurveyed to correct apparently erroneous surveys, the facts of the new survey must be reported to the City Engineer for recording by the City Clerk. If the land is still not substantially developed, changes resulting from resurveys should be reported through the resubdividing procedure under Section 410.330.
[Ord. No. 2000-89 §3(24-7), 10-9-2000]
It shall be unlawful for any person, firm, corporation, LLC or partnership to sell, contract to sell or transfer any lot until the developer shall have received final plat approval from the City of Chillicothe and installed all improvements as defined in Section 410.020 to each lot and received written acceptance from the City of Chillicothe and the Chillicothe Municipal Utilities for all improvements to be installed according to the plat.
[Ord. No. 2000-89 §4(24-8), 10-9-2000]
