[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.