[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]
A.
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:
1.
To ensure the orderly development or redevelopment of land;
2.
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;
3.
To ensure proper legal descriptions and documentation of subdivided
land for the protection of both buyers and sellers of land;
4.
To ensure that lot purchasers will receive a buildable, properly
oriented lot, provided with adequate facilities to meet day-to-day
needs;
5.
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;
6.
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;
7.
To designate and define the powers and duties of the officials administering
and enforcing this Chapter; and
8.
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]
B.
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.
C.
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.
E.
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]
A.
For
the purpose of this Chapter, certain rules of construction apply to
the text, as follows:
1.
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.
2.
The terms "shall" and "must" are
mandatory and not discretionary; the words "may" or "should" are permissive.
3.
The words and phrases expressly defined herein shall be given the
defined meaning, unless indicated otherwise by the context.
4.
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.
5.
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]
A.
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.
B.
The
time period legally required by law for public notices shall include
all calendar days, unless specified otherwise by law.
C.
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.
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.
See "SETBACK (BUILDING LINE)".
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.
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.
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.
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).
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.
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.
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.
See "SUBDIVISION ASSOCIATION".
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.
A permit allowing the installation of improvements in connection
with the development of a subdivision or other land development.
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.
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.
A lot abutting on and at the intersection of two (2) or more
streets.
See "LOT, THROUGH".
A lot with access provided to the bulk of the lot by a narrow
corridor of property.
The lines bounding a lot as defined herein.
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.
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.
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.
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.
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.
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.
A minor residential or non-residential street, one (1) end
of which is closed, and consists of a circular turnaround.
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.
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:
The division or re-division of a tract of land into two (2)
or more lots; or
The creation of a condominium form of ownership of property;
or
The consolidation of two (2) or more tracts of land into one
(1) lot; or
The adjustment of one (1) or more boundaries between two (2)
or more lots; or
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,
|
and, when appropriate to the context, relates to the process
of subdividing or to the land or territory subdivided.
|
A private, non-profit association of property owners that
operates and maintains various common properties of a subdivision
or development.
See Section 405.165.
See Section 405.170.
An area or parcel of land.
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.
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:
|
|
ADA
|
Americans with Disabilities Act
|
|
|
ADAAG
|
Americans with Disabilities Act Accessibility Guidelines
|
|
|
DNR
|
Missouri Department of Natural Resources
|
|
|
fps
|
feet per second
|
|
ft.
|
feet
| |
|
FEMA
|
Federal Emergency Management Administration
| |
|
MoDOT
|
Missouri Department of Transportation
| |
|
MSD
|
Metropolitan St. Louis Sewer District
| |
|
U.S.G.S.
|
United States Geological Survey
|
