[R.O. 2011 §16.04.010; Prior Code §29-1; Ord. No. 6143 §1(part), 1997]
This Chapter shall be known as and may be cited as the "University City Subdivision and Land Development Regulations".
[R.O. 2011 §16.04.020; Prior Code §29-2; Ord. No. 6143 §1(part), 1997]
This Chapter is intended to be utilized in conjunction with the Zoning Code to ensure that the development of land within the City occurs in a manner that protects, provides for and promotes the public health, safety, convenience, comfort and general welfare of the residents of University City. Specific purposes of this Chapter includes the following:
To ensure the orderly development or redevelopment of land;
To protect and to conserve the value of buildings and other improvements, and to minimize any adverse impact of development on adjoining or other nearby properties;
To ensure proper legal descriptions and documentation of subdivided land for the protection of both buyers and sellers of land;
To ensure that lot purchasers will receive a buildable, properly oriented lot, provided with adequate facilities to meet day-to-day needs;
To establish standards of design for subdivision improvements and improvements within unsubdivided developments to ensure safe and proper construction of new streets, utilities, drainage facilities; erosion control; and installation of street lighting;
To ensure a beneficial relationship between uses of land and buildings, and the street system, including safe access and maneuvering of fire trucks and other emergency vehicles;
To designate and define the powers and duties of the officials administering and enforcing this Chapter; and
To establish penalties for the violation of this Chapter.
[R.O. 2011 §16.04.030; Prior Code §29-3; Ord. No. 6143 §1(part), 1997]
The improvement plan requirements and land development standards, as contained in this Chapter, shall also apply to unsubdivided developments, except for construction of improvements on single-family and two-family residential lots.
Every proposed subdivision of land within the City shall be submitted to the Plan Commission for its report and recommendation thereon to the City Council. The final plat of any subdivision shall not be recorded in the office of the St. Louis County Recorder of Deeds unless and until such plat is approved in accordance with the provisions of this Chapter.
Any court-ordered division of a tract of land shall comply with the requirements of this Chapter.
[R.O. 2011 §16.04.040; Prior Code §29-22; Ord. No. 6143 §1(part), 1997]
For the purpose of this Chapter, certain rules of construction apply to the text, as follows:
Words used in the present tense include the future tense; the singular includes the plural; and the plural includes singular, unless the context clearly indicates the contrary.
The terms "shall" and "must" are mandatory and not discretionary; the words "may" or "should" are permissive.
The words and phrases expressly defined herein shall be given the defined meaning, unless indicated otherwise by the context.
Words and phrases which are not defined herein shall be given their usual meaning except where the context clearly indicates a different or specified meaning.
The words "use" or "occupy" shall include the words "intended", "designed", or "arranged", "to be used" or "occupied".
[R.O. 2011 §16.04.050; Prior Code §29-23; Ord. No. 6143 §1(part), 1997]
Unless otherwise specifically provided, the time within which an action is to be taken shall be computed by excluding the first (1st) and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays and holidays shall be excluded.
The time period legally required by law for public notices shall include all calendar days, unless specified otherwise by law.
Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him/her and the notice or paper is served by mail, three (3) days shall be added to the prescribed period.
[R.O. 2011 §16.04.060; Prior Code §29-10; Ord. No. 6143 §1(part), 1997]
As used in this Chapter, the following terms have these prescribed meanings:
- Having a common border with, or being separated from such a common border by a right-of-way, alley or easement.
- 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.
- AS-BUILT DRAWINGS
- Improvement plans revised to show improvements as they were actually installed, including horizontal and vertical location of underground utilities and other underground facilities.
- A definite point of known location and elevation, and set with a permanent monument. The identity and elevation shall be based on United States Geological Survey (U.S.G.S.) datum. Benchmarks established by the 1981 Metropolitan St. Louis Sewer District (MSD) benchmark loop system, and official additions thereto, or the Missouri Department of Transportation (MoDOT) are acceptable benchmarks.
- A structure used or intended for shelter.
- BUILDING LINE
- See "SETBACK (BUILDING LINE)".
- COMMON GROUND
- Natural or landscaped open space within or related to a development, not in individually owned lots, designed and intended for siting common facilities (e.g., recreation facilities and storm drainage detention facilities) and for the common use of the residents and property owners of the development. Common ground is intended to be synonymous with common open space, common land, and common area when used in the appropriate context.
- A form of property ownership occurring in accordance with the Uniform Condominium Act, Chapter 448, RSMo.
- CORNER LOT
- See "LOT, CORNER".
- A person, firm, corporation or other organization undertaking land development activity, including the subdivision of land and other improvements to land pursuant to the requirements of this Chapter.
- All structures and other modifications of the natural landscape, above and below ground on a particular site, including, but not limited to, grading, removal of trees, paving, installation of utilities, or the erection of structures.
- DEVELOPMENT, PLANNED
- Land under unified control to be planned and developed in a single development operation or a programmed series of development operations or phases. A planned development includes principal and accessory structures and uses strongly related to the character and purposes of the planned development. A planned development is built according to general and detailed plans for streets, utilities, lot and building location, landscaping, and the like. A planned development includes provisions for the operation and maintenance of common areas, facilities and improvements that are for use by the occupants of the planned development, but which will not be provided, operated or maintained at public expense.
- DOUBLE FRONTAGE LOT
- See "LOT, THROUGH".
- A grant of one (1) or more of the property rights by a property owner to, and for the use by, the public, a corporation, or another person or entity for a specific purpose (e.g., for utility lines or ingress/egress).
- ENGINEER, REGISTERED
- A professional engineer registered in the State of Missouri.
- Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
- Any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom.
- FLAG LOT
- See "LOT, FLAG".
- See "SLOPE".
- Movement of earth, excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
- GRADING PERMIT
- A permit allowing the commencement of grading, excavation or filling of land, but not permitting installation of site or building improvements requiring an improvements construction permit or a building permit.
- HOMEOWNERS' ASSOCIATION
- See "SUBDIVISION ASSOCIATION".
- IMPROVEMENT PLANS
- The engineering and landscape design drawings and specifications indicating types of materials, location, and construction details for the improvements associated with a subdivision or other land development.
- Street pavement, sidewalk pavement, pedestrian way pavement, water mains, storm sewer facilities, sanitary sewer facilities, signs, survey monuments, landscaping, street lighting, and similar items as distinguished from buildings and other structures requiring building permits for the erection thereof.
- IMPROVEMENTS CONSTRUCTION PERMIT
- A permit allowing the installation of improvements in connection with the development of a subdivision or other land development.
- LAND DEVELOPMENT STANDARDS
- Standards established in the regulations of this Chapter which provide minimum standards of design and construction of land improvements such as streets, sidewalks, utilities, grading, lighting and similar improvements.
- LAND SURVEYOR
- A land surveyor registered in the State of Missouri.
- A parcel of land intended to be separately owned, developed, and otherwise used as a unit.
- LOT, CORNER
- A lot abutting on and at the intersection of two (2) or more streets.
- LOT, DOUBLE FRONTAGE
- See "LOT, THROUGH".
- LOT, FLAG
- A lot with access provided to the bulk of the lot by a narrow corridor of property.
- LOT LINES
- The lines bounding a lot as defined herein.
- LOT, THROUGH
- A lot having its front and rear yards each abutting on a street (also known as "double frontage" lot).
- A permanent land survey marker placed by a land surveyor in accordance with the current Standards of Missouri Board for Architects, Professional Engineers and Land Surveyors and Department of Natural Resources.
- NON-RESIDENTIAL SUBDIVISION OR DEVELOPMENT
- A subdivision or unsubdivided development whose principal use is commercial or industrial in nature. A mixed residential/office use, developed under the provisions of the "HR-O" zoning district provisions (as per Chapter 400, Article IV, Division 5 of the Zoning Code), shall be considered a non-residential development for purposes of this Chapter.
- Any premises not located within the property to be subdivided or developed, whether or not in the same ownership of the developer requesting approval of the subdivision or development.
- Any person, agent, firm, corporation or other organization having a legal or equitable interest in the property.
- PEDESTRIAN WAY
- An improved pathway designed to separate pedestrian traffic from vehicular traffic or otherwise provide for pedestrian traffic circulation on site. For purposes of this Chapter, "pedestrian way" does not include sidewalks.
- A corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It shall also include an executor, administrator, trustee, receiver, or other representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing a penalty or fine as to partnership or association, the word shall include the partners or members thereof; and, as to corporation, it shall include the officer, agents or members thereof who are responsible for any violation of such Section.
- A scaled map, plan, or layout of a tract indicating the subdivision of said tract in accordance with the requirements of this Chapter.
- PRIVATE STREET
- See "STREET, PRIVATE".
- A strip of land reserved or acquired by dedication, prescription, condemnation, gift, purchase, or any other legal means occupied or intended to be occupied by a street, sidewalk, railroad, utility, sewer, or other similar use.
- SETBACK (BUILDING LINE)
- The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the applicable property line or right-of-way line within which no structure can be placed, unless otherwise provided for in the Zoning Code.
- An improved pathway, located within a street right-of-way or easement along such street, designed to separate pedestrian traffic from vehicular traffic on such street.
- A tract of land upon which actual development exists or development is proposed.
- The inclination from a horizontal reference line of the ground surface, and expressed by stating the horizontal distance relative to the amount of vertical rise or fall (e.g., two (2) horizontal units to one (1) vertical unit).
- a general term denoting a public or private way which affords the principal means of vehicular access to abutting property. The term includes all facilities which normally are found within a right-of-way. A street may be designated as a highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, court or other such terms but shall not include pedestrian way or alley.
- STREET, COLLECTOR (NON-RESIDENTIAL)
- A street designed to carry traffic to/from the system of minor streets to/from the system of major streets; or a street located in any non-residential zoning district, not including streets under the jurisdiction of MoDOT or St. Louis County.
- STREET, CUL-DE-SAC
- A minor residential or non-residential street, one (1) end of which is closed, and consists of a circular turnaround.
- STREET, MINOR (RESIDENTIAL)
- A street which principally provides access to residential neighborhood properties; carries relatively low traffic volumes which are primarily generated within the immediate residential neighborhood; and is not designed or intended to serve as a collector street.
- STREET, PRIVATE
- Any street which is privately owned by owners in common (e.g., owners of lots in a subdivision development), and is used for vehicular traffic by the owners and those having express or implied permission from the owner.
- Any one (1) or more of the following activities with respect to land:
- 1. The division or re-division of a tract of land into two (2) or more lots; or
- 2. The creation of a condominium form of ownership of property; or
- 3. The consolidation of two (2) or more tracts of land into one (1) lot; or
- 4. The adjustment of one (1) or more boundaries between two (2) or more lots; or
- 5. The dedication or establishment of a street, alley, easement, or other way for public use in conjunction with use or access to a tract of land,
- SUBDIVISION ASSOCIATION
- A private, non-profit association of property owners that operates and maintains various common properties of a subdivision or development.
- An area or parcel of land.
- TRUST INDENTURE
- Any recordable instrument by which common ground and improvements are held or maintained or which assessments in a subdivision are levied for the administration of specific maintenance obligations or both.
- The purpose or activity for which land or a building thereon is designed, arranged or intended, or for which it is maintained.
- ZONING DISTRICT
- A district, established by the Zoning Code, wherein certain use and development regulations apply to the land located within the district.
[R.O. 2011 §16.04.070; Prior Code §29-11; Ord. No. 6143 §1(part), 1997]
The following abbreviations are used in this Chapter: