[Ord. No. 06-05-01 §201, 5-9-2006]
A.
The
following general rules shall apply in interpreting the meaning of
this Chapter:
1.
Words used in the present tense shall also include the future tense.
2.
Words used in the singular number shall also include the plural and
vice versa.
3.
The word "shall" is mandatory and not discretionary.
4.
The word "may" is permissive.
5.
The words "used" or "occupied" shall
be construed to include intended, designed or arranged to be used
or occupied.
6.
The word "person" includes individuals, firms, corporations,
associations, governmental bodies and agencies and any other similar
entities.
7.
Unless otherwise specified, all distance shall be measured horizontally.
8.
Where reference is made to the regulations, it shall be construed
to mean the regulations as originally passed in this Chapter and all
subsequent amendments, supplements and revisions.
[Ord. No. 06-05-01 §202, 5-9-2006]
Unless otherwise expressly stated, the following terms shall
have the meanings herein indicated. Where words have not been defined,
the standard dictionary definition shall prevail.
A measure of land containing forty-three thousand five hundred
sixty (43,560) square feet.
Except as otherwise specifically provided, primary responsibility
for administering and enforcing the Fair Grove Subdivision Regulations
may be assigned by the Board of Aldermen to one or more individuals
in the employ of the City. The person or persons to whom these functions
are assigned shall be referred to as "Administrative Official".
Any individual(s) or corporation submitting an application
for a simple land development, subdivision plat, variance, permit
or amendment as required by this Chapter.
A parcel of land intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks or greenways, rural land or drainage
channels, or a combination thereof.
The Governing Body of the City of Fair Grove, Missouri.
A line or lines indicating the distance from the property
line behind which all enclosed portions of the building must be located.
The City of Fair Grove, Missouri.
The City Engineer of Fair Grove, Missouri.
The Planning and Zoning Commission of the City of Fair Grove,
Missouri.
Land or water, or a combination thereof, within or related
to a planned residential development, not individually owned or dedicated
for public use, which is designed and intended for the common use
or enjoyment of the residents of the development. It may include complementary
structures and improvements approved as part of the general development
plan. Common open space does not include streets, alleys, off-street
parking or loading for public use.
The Fair Grove Comprehensive Plan, in whole or in part, which
is the long-range plan for the desirable growth and development of
the City.
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
Greene County, Missouri.
A short street having one end open to traffic and being terminated
at the other end by a vehicular turn-around.
The mean level of the curb in front of the lot, or in the
case of a corner lot, along that abutting street where the mean curb
grade is the highest.
The legal or beneficial owner or owners of a lot or any land
included in a proposed development or the duly authorized agent thereof.
Also the holder of an option or contract to purchase, a lessee having
a remaining term of not less than forty (40) years or any other person
having enforceable proprietary interest in such land shall be deemed
to be a developer for the purpose of this Chapter.
A construction project involving substantial property improvement
and, usually, a change of land use character within the site; the
act of using land for building or extractive purposes.
A grant by the property owner for the public or private use
of a tract of land for specific purposes.
A registered professional engineer in good standing in the
State of Missouri.
The applicant's or developer's engineer.
That part of a lot or premise immediately adjacent to a street
or streets without regard to access to or elevation of, the street
or streets.
The average level of the finished surface of the ground is
the sidewalk elevation. If there is more than one (1) street an average
sidewalk elevation is to be used. If there is no sidewalk, the finished
grade shall be equal to the street centerline grade.
Physical construction or changes, such as clearing, grading,
street surfacing, curbs and gutters, sidewalks, crosswalks, culverts,
bridges, water and sanitary sewer lines, storm sewer facilities, other
utilities and other required features.
An undivided parcel or tract of land under one ownership
occupied or intended to be occupied by a building or building group
together with accessory buildings, established by a recorded plat
or otherwise as permitted by law.
A lot abutting on two (2) or more streets at their intersection.
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
The front of a lot shall be considered to be that side of
the lot that fronts a street. In the case of a corner lot, the narrowest
side fronting on the street shall be considered to be the front of
the lot.
A lot other than a corner lot.
A boundary line of a lot.
The lot line separating a lot from the street. On a corner
lot, the shortest lot line abutting a street is the front lot line;
on a through lot, both lot lines abutting the streets are front lot
lines; on an irregular shaped lot, the front lot line is the lot line
most parallel to the abutting street.
Any lot line not a front or side lot line. The rear lot line
for a triangular shaped lot shall be a line ten (10) feet long drawn
between the lot's side lot lines and parallel to the front lot line.
The lot lines that intersect with a lot's front lot line.
A lot which is part of a recorded subdivision or a parcel
of land on a plat or deed which has been recorded by the Greene County
Recorder of Deeds.
A subdivision of a platted lot into two (2) or more parcels.
The mean horizontal distance between the side lot line of
a lot measured at right angles to the depth; or the same distance
measured at a point midway between the front lot line and the rear
lot line; or at the rear lot line of the required front yard (building
line, especially on irregularly shaped lots).
Land that is dedicated or reserved by any owner(s) for private
use by residents of the subdivision, such as, but not limited to,
recreation areas, parks, green areas or improvements thereon.
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreation areas, school
sites, community or public building sites and other such areas that
shall be deemed necessary.
A development approach intended to preserve environmentally
sensitive or unique features by clustering or grouping buildings on
a portion of a tract or site and devoting the remaining land to prescribed
common or public uses such as open space or recreation.
The person, corporation or other legal entity listed as owner
of a lot on the records of the Greene County Recorder of Deeds.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved or hard surface width.
Brick, stone, concrete, asphalt or other impervious dustless
material placed on the surface of the land.
A right-of-way, dedicated to or set aside for public use,
which cuts across a block to allow pedestrian access to adjacent streets
and properties.
The final plat, plan or drawing and any accompanying required
data or information that is submitted to the Planning and Zoning Commission
and Board of Aldermen for final approval of a proposed subdivision.
The preliminary or tentative plat or plan, map or drawing
on which the layout and design of a proposed subdivision is submitted
to the Planning and Zoning Commission and the Board of Aldermen for
consideration and tentative approval.
Descriptions of a lot, tract or parcel by metes and bounds,
by reference to a plat or by reference to a survey.
Maintained for or used by the people of the City of Fair
Grove on a non-commercial basis.
The installation, construction, addition or betterment of
any new physical development dedicated to or intended for public use,
such as streets and sidewalks, utilities, drainage facilities, etc.
The City of Fair Grove Subdivision Regulations.
The land opened, reserved or dedicated for a street, walk,
drainage or other public purpose.
The required minimum horizontal distance between the nearest
front, side or rear line of every structure and the front line of
the lot.
A walk for pedestrians at the side of a street.
A preliminary or general drawing, conceptual in nature, showing
the general layout and characteristics of a proposed subdivision.
A public or private way, used or intended to be used for
passage or travel by motor vehicles.
Streets and roads are classified by their primary function
in the City's transportation network. Design standards are related
to functional classification. These functional classifications include:
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ALLEYS — A dedicated public right-of-way, other than a
street, designed to extend only secondary access to the side or rear
of those properties whose principal frontage and access is on some
other street.
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COLLECTORS — A street that collects and distributes traffic
to and from local streets and arterial streets and is intended to
provide for low to moderate-volume and low-speed, shorter length trips.
The function of traffic movement and property access are balanced.
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LIMITED ACCESS HIGHWAY — Connects the City to other areas
and primary function is to move traffic through the City. Carries
large volumes of traffic at high speeds. Access is typically limited
to major interchanges and intersections.
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LOCALS — A street intended to provide access to abutting
property and designed for low-volume, low speed traffic.
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PARKWAYS — Scenic open spaces which combine the functions
of aesthetics and movement of traffic along an arterial.
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PRIMARY ARTERIALS — A street intended to provide for high-volume,
moderate-speed traffic movement through the community and between
major activity centers. Access to abutting property is subordinate
to the flow of traffic and entrances and exits to the arterial are
subject to control.
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SECONDARY ARTERIALS — A street intended to provide for
moderate-volume, moderate speed traffic movement between major activity
centers and between neighborhood areas within the City. Access to
abutting property is subordinate to the flow of traffic and entrances
and exits to the arterial are subject to control.
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A dividing line between a lot, parcel or tract and a contiguous
street.
The horizontal distance between the outside edges of a street's
pavement, including any curbing and guttering, measured at right angles
to the street's centerline.
Any person, firm, partnership, corporation or other entity,
acting as a unit, subdividing or proposing to subdivide land herein
defined.
The division of any parcel or tract of land into two (2)
or more lots, parcels or tracts for the purpose, whether immediate
or future, of transfer of ownership or building development and, when
appropriate to the context, relates to the process of subdividing
or to the land or territory subdivided.
A registered land surveyor in the State of Missouri.
A lot. The term "tract" is used interchangeably
with the term "lot", particularly in the context
of subdivisions, where one (1) "tract" is subdivided into several
"lots".
A grant of permission from the Board of Aldermen that permits
the recipient to not comply with a specific provision of this Chapter,
granted because of the practical difficulties or unnecessary hardship
that would be imposed by the strict application of that provision
of the ordinance.
The days of the week, excluding Saturdays, Sundays and recognized
holidays, during which normal business is conducted by the City of
Fair Grove.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard or
the depth of a front yard or a rear yard, the minimum horizontal distance
between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projection
of the usual uncovered steps, unenclosed balconies or unenclosed porches.
On corner lots the front yard shall be considered as parallel to the
street upon which the lot has its least dimension.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projection
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot and extending from the required front yard to the required rear
yard and being the minimum horizontal distance between a side lot
line and the side of the main buildings or any projections thereof.
