[CC 1988 §25-1; Ord. No. 2791 §1, 11-18-1985]
This Chapter shall be known, cited and referred to as the "Subdivision
Regulations" of the City of De Soto.
[CC 1988 §25-2; Ord. No. 2791 §1, 11-18-1985; Ord. No. 3796-A §1, 8-27-2008]
A.
The City
of De Soto establishes a "policy statement" to ensure that the City
will design, build and maintain its roadways in a manner that accommodates
safe and contiguous routes for all users including pedestrians, individuals
of all ages and abilities (including individuals with disabilities),
bicyclists, transit vehicles and users and motorists. Appropriate
accommodations include, but are not limited to, sidewalks, multi-use
paths/trails, bicycle lanes, shoulders suitable for use by bicyclists,
lane striping, traffic control measures, crosswalks, pedestrian signals,
curb cuts and ramps. Accommodations will be developed to fit in with
the context of the surrounding community. The policy statement applies
to new construction and reconstruction, including resurfacing, restoring
and rehabilitation improvement projects. The policy statement applies
except where the cost of establishing such accommodations would be
excessively disproportionate to the need or probable use and where
such accommodations are prohibited. The City shall review existing
planning, design, construction, maintenance and operations standards
to ensure they are consistent with the policy statement. The policy
statement signifies De Soto's commitment to ensuring all residents
can safely travel throughout the City regardless of age, ability or
mode of transportation.
B.
The City
of De Soto will consider the subdivision of land and the subsequent
development of the subdivided plat as subject to the control of the
municipality pursuant to the official Master Plan of the City of De
Soto for the orderly, planned, efficient and economical development
of the City.
C.
Land
to be subdivided shall be of such character that it can be used safely
for building purposes without danger to health or peril from fire,
flood or other menace and land shall be not subdivided until available
public facilities and improvements exist and proper provision has
been made for drainage, water, sewerage and capital improvements such
as schools, parks, recreation facilities and improvements.
D.
The existing
and proposed public improvements shall be constructed in accordance
with the "policy statement". Additionally, those improvements shall
conform to and be properly related to the proposals in the Master
Plan, Official Map and Capital Plan of the municipality, and it is
intended that these regulations shall supplement and facilitate the
enforcement of the provisions and standards contained in Building
and/or Housing Codes, zoning ordinances, Master Plan, Official Map
and Land Use Plan and Capital Plan.
[CC 1988 §25-3; Ord. No. 2791 §1, 11-18-1985]
A.
In their
interpretation and application, the provisions of this Chapter shall
be held to be the minimum requirements for the purpose of:
1.
To protect
and provide for the public safety and general welfare of the City.
2.
To guide
the future growth and development of the City in accordance with the
Master Plan.
3.
To provide
for adequate light, air and privacy, to secure safety from fire, flood
and other danger, and to prevent overcrowding of the land and undue
congestion of population.
4.
To protect
the character and the social economic stability of all parts of the
City of De Soto and to encourage the orderly and beneficial development
of all parts of the City.
5.
To protect
and conserve the value of land throughout the City and the value of
buildings and improvements upon the land and to minimize the conflicts
among the uses of land and buildings.
6.
To guide
public and private policy and action in order to provide adequate
and efficient water, sewerage, schools, parks, playgrounds, recreation
and other public requirements and facilities.
7.
To provide
the most beneficial relationships between the uses of land and buildings
and the circulation of traffic throughout the City, having particular
regard to the avoidance of congestion in the streets and highways
and the pedestrian traffic movements appropriate to the various uses
of land and buildings, and to provide for the proper location and
width of streets and building lines.
8.
To establish
reasonable standards of design and procedures for subdivisions and
resubdivisions in order to further the orderly layout and use of land;
and to ensure proper legal descriptions and monumenting of subdivided
land.
9.
To ensure
that public facilities are available and will have a sufficient capacity
to serve the proposed subdivision.
[CC 1988 §25-4; Ord. No. 2791 §1, 11-18-1985]
Pursuant to the authority contained in the Missouri Revised
Statutes, Sections 89.410 through 89.491, inclusive, the Planning
and Zoning Commission does hereby exercise the power and authority
to review and recommend to the City Council, and the City Council
does hereby exercise the power to approve and disapprove plats which
show lots, blocks or sites, with or without new streets or highways,
for subdivision of land within the City.
[CC 1988 §25-5; Ord. No. 2791 §1, 11-18-1985]
A.
These
subdivision regulations shall apply to all subdivision of land, as
defined herein, located within the corporate limits of the City of
De Soto.
B.
No land
shall be subdivided within the corporate limits of the City until:
1.
The
subdivider or his/her agent shall submit a sketch plat of the parcel
to the City Manager or his/her designee;
2.
Obtain
approval of the sketch plat and preliminary and final approval of
the plat itself by the Planning Commission and City Council;
3.
The
approved plat is filed with the County Recorder of Deeds.
[CC 1988 §25-6; Ord. No. 2791 §1, 11-18-1985]
In order that land may be subdivided in accordance with these
purposes and policy, these subdivision regulations are hereby adopted.
[CC 1988 §25-7; Ord. No. 2791 §1, 11-18-1985]
This Chapter shall not apply to any lot or lots forming a part
of a subdivision created and recorded prior to the effective date
of this Chapter. Nor is it intended by this Chapter to repeal, abrogate,
annul or in any way impair or interfere with existing provisions of
other laws or ordinances, except those specifically repealed by this
Chapter or with private or restrictive covenants running with the
land to which the City is a party. Where this Chapter imposes a greater
restriction upon land than is imposed or required by such existing
provisions of law, ordinances, contract or deed, the provisions of
this Chapter shall control.
[CC 1988 §25-30; Ord. No. 2791 §5, 11-18-1985; Ord. No. 3633 §1, 7-18-2005]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number and vice versa. The word "shall" is always
mandatory and not merely directory.
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, waterways
or boundary lines of municipalities.
Any form of security including a cash deposit, surety bond,
collateral, property or instrument of credit in an amount and form
satisfactory to the City Council. All bonds shall be approved by the
City Council whenever a bond is required by these regulations.
Any adjustment to be made to lot lines of platted lots or
other lawful parcels for the purpose of adjusting the sizes of building
sites. No additional lot shall be created by any boundary line adjustment.
Existing zoning shall not be affected.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind and
includes any structures.
The person designated by the local government to enforce
the Zoning Ordinance.
The City of De Soto, Missouri.
The City Clerk of De Soto, Missouri.
The City Manager of De Soto, Missouri.
The Planning Commission of De Soto, Missouri.
The Comprehensive Plan and zoning regulations prepared by
the Planning and Zoning Commission which indicates the general locations
recommended for the various functional classes of public works, places
and structures and for the general physical development of the City
of De Soto and includes any unit or part of such plan separately adopted
and any amendment to such plan or parts thereof. It also includes
the map established by the City Council showing the streets, highways
and parks, theretofore laid out, adopted and established by law, and
any amendments thereto adopted by the City Council or additions thereto
resulting from the approval of subdivision plats by the Planning Commission
and the subsequent filing of such approved plats with the County Recorder
of Deeds.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in the subdivision in accordance with the requirements of the Planning
Commission as a condition of the approval of the plat.
The City Council of De Soto, Missouri.
A local street with only one (1) outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
The owner of land proposed to be subdivided or his/her representative.
Consent shall be required from the legal owner of the premises.
Authorization by a property owner for the use by another
party, for a specified purpose, of any designated part of said property.
It shall include, but not necessarily be limited to, property designated
for installation of storm sewers or drainage ditches or along a natural
watercourse, preservation of the channel to provide for flow of water
therein, or installation of streets, sidewalks, sewer, water, gas,
electric, telephone, or other utility services necessary or advantageous
to properly serve the public.
A deposit of cash with the local government in lieu of an
amount required and still in force on a performance or maintenance
bond.
The final plat in the final map, drawing or chart as described
in these regulations on which the subdividers plan of subdivision
is presented to the Planning Commission for approval, and which, if
approved, will be submitted to the City Council for approval before
recording.
The slope of a road, street, or other public way, specified
in percentage terms.
Joint ownership shall be construed as the same owner; "constructive
ownership" for the purpose of imposing subdivision regulations.
A plot of land separated from other parcels or portions by
descriptions as on a subdivision of record, or by metes and bounds,
or other parcel of land intended as a unit for the purpose, whether
immediate or future, of transfer of ownership or building development.
Any building, structure, place, work of art, or other object,
or improvement of the land on which they are situated constituting
a physical betterment of real property, or any part of such betterment.
Certain lot improvements shall be properly bonded as provided in these
regulations.
All subdivisions not classified as minor subdivisions including,
but not limited to subdivisions of four (4) or more lots, or any size
subdivision requiring any new street or extension of the local government
facilities, or the creation of any public improvements.
A comprehensive plan for development of the local government
prepared and adopted by the Planning Commission, pursuant to State
law, and including any part of such plan separately adopted and any
amendment to such plan or parts thereof.
Any subdivision containing not more than three (3) lots fronting
on an existing street, not involving any new street or road, or the
extension of municipal facilities, or the creation of any public improvements,
and not adversely affecting the remainder of the parcel or adjoining
property, and not in conflict with any provision or portion of the
Master Plan, Official Map, zoning ordinance or these regulations.
A subdivision whose intended use is other than residential,
such as commercial or industrial. Such subdivision shall comply with
the applicable provisions of these regulations.
The map established by the Governing Body pursuant to law
showing the streets, highways, and parks, and drainage systems and
setback lines theretofore laid out, adopted and established by law,
and any amendments or additions thereto adopted by the City Council
of additions thereto resulting from the approval of subdivision plats
by the Planning Commission and subsequent filing of such approved
plats.
Any legislative action, however denominated, of a local government
which has the force of law, including any amendment or repeal of any
ordinance.
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Planning Commission for approval.
A contract between private parties which may be more restrictive
than other officially adopted ordinances with the view of preserving
and protecting the physical economic integrity of any given area.
Any drainage ditch, roadway, parkway, sidewalk, pedestrian
way, tree, lawn, off-street parking area, lot improvement or other
facility for which the local government may ultimately assume the
responsibility for maintenance and operation, or which may affect
an improvement for which local government responsibility is established.
An engineer properly licensed and registered in the State
of Missouri.
A land surveyor properly licensed and registered in the State
of Missouri.
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout on such map or area
reserved thereon for public use, or any lot line; or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main, shade trees,
or for other special use. Rights-of-way shall not be included within
the dimensions of adjoining lots or parcels.
A sketch preparatory to the preparation of the preliminary
plat (or subdivision plat in the case of minor subdivisions) to enable
the subdivider to save time and expense in reaching general agreement
with the local government as to the form of the plat and the objectives
of these regulations.
The full width between property lines bounding every public
way of whatever nature with a part to be used for vehicular traffic
and designated as follows:
Alley. A minor street used primarily for vehicular
service access to the back or side of properties abutting on another
street.
Arterial street. A general term denoting a
highway primarily for through traffic carrying heavy loads and large
volume of traffic usually on a continuous route.
Collector street. A thoroughfare, whether within
a residential, industrial, commercial, or other type of development,
which primarily carries traffic from local streets to arterial streets.
Cul-de-sac. A local street with only one (1)
outlet and having an appropriate terminal for the safe and convenient
reversal of traffic movement.
Local street. A street primarily for providing
access to residential, commercial, or other abutting property.
Any person who:
Having an interest in land, causes it, directly or indirectly,
to be divided into a subdivision or who
Directly or indirectly, sells, leases or develops or offers
to sell, lease or develop, or advertises for sale, lease or development
any interest, lot, or parcel site, unit or plat in a subdivision or
who
Engages directly or through an agent in the business of selling,
leasing, developing, or offering for sale, lease or development a
subdivision or any interest, lot, parcel site, unit or plat in a subdivision
and who
Is directly or indirectly controlled by, or under direct or
indirect common control with any of the foregoing.
Any land, vacant or improved, which is divided or proposed
to be divided into two (2) or more lots, parcels, sites, units, plots
or interests for the purpose of offer, sale, lease or development,
either on the installment plan or upon any and all other plans, terms
and conditions, including resubdivision; or if a new street is involved,
any division of a parcel of land. Subdivision includes the division
or development of residential and non-residential zoned land, whether
by deed, metes and bounds description, devise, intestacy, lease map,
plat, or other recorded instrument.
See "MAJOR SUBDIVISION".
See "MINOR SUBDIVISION".
A variance is a modification of the terms of the relevant
regulations where such modification will not be contrary to the public
interest and where owing to conditions peculiar to the property and
not a result of the action of the applicant, a literal enforcement
of the regulations would result in unnecessary and undue hardship.
