[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.
ACRE
A measure of land containing forty-three thousand five hundred sixty (43,560) square feet.
ADMINISTRATIVE OFFICIAL
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".
APPLICANT
Any individual(s) or corporation submitting an application for a simple land development, subdivision plat, variance, permit or amendment as required by this Chapter.
BLOCK
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.
BOARD OF ALDERMEN
The Governing Body of the City of Fair Grove, Missouri.
BUILDING LINE
A line or lines indicating the distance from the property line behind which all enclosed portions of the building must be located.
CITY
The City of Fair Grove, Missouri.
CITY ENGINEER
The City Engineer of Fair Grove, Missouri.
COMMISSION
The Planning and Zoning Commission of the City of Fair Grove, Missouri.
COMMON OPEN SPACE
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.
COMPREHENSIVE PLAN
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.
CONSTRUCTION
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.
COUNTY
Greene County, Missouri.
CUL-DE-SAC
A short street having one end open to traffic and being terminated at the other end by a vehicular turn-around.
CURB GRADE
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.
DEVELOPER
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.
DEVELOPMENT
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.
EASEMENT
A grant by the property owner for the public or private use of a tract of land for specific purposes.
ENGINEER
A registered professional engineer in good standing in the State of Missouri.
ENGINEER OF RECORD
The applicant's or developer's engineer.
FRONTAGE
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.
GRADE
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.
IMPROVEMENTS
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.
LOT
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.
LOT, CORNER
A lot abutting on two (2) or more streets at their intersection.
LOT DEPTH
The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT, FRONT OF
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.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
A boundary line of a lot.
LOT LINE, FRONT
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.
LOT LINE, REAR
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.
LOT LINE, SIDE
The lot lines that intersect with a lot's front lot line.
LOT OF RECORD
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.
LOT SPLIT
A subdivision of a platted lot into two (2) or more parcels.
LOT WIDTH
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).
OPEN SPACE, PRIVATE
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.
OPEN SPACE, PUBLIC
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.
OPEN SPACE SUBDIVISION
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.
OWNER OF RECORD
The person, corporation or other legal entity listed as owner of a lot on the records of the Greene County Recorder of Deeds.
PAVEMENT WIDTH
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.
PAVING
Brick, stone, concrete, asphalt or other impervious dustless material placed on the surface of the land.
PEDESTRIAN WAY
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.
PLAT, FINAL
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.
PLAT, PRELIMINARY
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.
PROPERTY DESCRIPTION
Descriptions of a lot, tract or parcel by metes and bounds, by reference to a plat or by reference to a survey.
PUBLIC
Maintained for or used by the people of the City of Fair Grove on a non-commercial basis.
PUBLIC IMPROVEMENT
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.
REGULATIONS
The City of Fair Grove Subdivision Regulations.
RIGHT-OF-WAY
The land opened, reserved or dedicated for a street, walk, drainage or other public purpose.
SETBACK
The required minimum horizontal distance between the nearest front, side or rear line of every structure and the front line of the lot.
SIDEWALK
A walk for pedestrians at the side of a street.
SKETCH PLAN
A preliminary or general drawing, conceptual in nature, showing the general layout and characteristics of a proposed subdivision.
STREET
A public or private way, used or intended to be used for passage or travel by motor vehicles.
STREET FUNCTIONAL CLASSIFICATION
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:
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.
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.
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.
LOCALS — A street intended to provide access to abutting property and designed for low-volume, low speed traffic.
PARKWAYS — Scenic open spaces which combine the functions of aesthetics and movement of traffic along an arterial.
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.
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.
STREET LINE
A dividing line between a lot, parcel or tract and a contiguous street.
STREET WIDTH
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.
SUBDIVIDER
Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land herein defined.
SUBDIVISION
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.
SURVEYOR
A registered land surveyor in the State of Missouri.
TRACT
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".
VARIANCE
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.
WORKING DAYS
The days of the week, excluding Saturdays, Sundays and recognized holidays, during which normal business is conducted by the City of Fair Grove.
YARD
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.