[CC 1990 §405.010; Ord. No. 97.053 §1, 11-10-1997]
The rules and regulations governing plats of subdivisions of
land and lot splits contained herein shall apply within the corporate
limits of the City of Desloge, in accordance with the provisions of
Chapter 89, Section 89.400, of the Missouri Revised Statutes; and
future areas which may subsequently come under the jurisdiction of
said City.
[CC 1990 §405.020; Ord. No. 97.053 §1, 11-10-1997]
The purpose of this Chapter is to establish rules, regulations
and standards to guide land subdivision within the City of Desloge,
in order to promote the public health, safety, convenience, and general
welfare of the municipality. Standards shall be administered to insure
orderly growth and development, the conservation, protection, and
proper use of land, and adequate provision for traffic circulation,
utilities, and services.
[CC 1990 §405.030; Ord. No. 97.053 §1, 11-10-1997]
A.
No
land shall, after the adoption of this Chapter, be subdivided without
complying with the provisions of said Chapter.
B.
No
lot, tract, or parcel of land within any such subdivision shall be
offered for sale nor shall any sale, contract for sale, or option
be given until such subdivision plans have been properly reviewed
by the Planning and Zoning Commission and officially approved by the
Board of Aldermen of the City of Desloge.
C.
No
improvements, such as sidewalks, water supply, stormwater drainage,
sewerage treatment lines and facilities, gas service, electric service
or lighting, or grading, paving, or surfacing of any street shall
be made within any such subdivision by any owner or owners of his/her
or their agent, or by any public service corporation at the request
of such owner or owners or by his/her or their agent until the plats
for the subdivision and also the plans for the improvements have been
properly reviewed by the Planning and Zoning Commission and officially
approved by the Board of Aldermen of the City of Desloge.
D.
Where
a tract of land is proposed to be subdivided in several stages over
a period of years, and the subdivider requests approval in parts,
he/she shall, at the time of submission of the first part, submit
a detailed plan of the entire tract to be eventually developed, with
appropriate sectioning to demonstrate to the Planning and Zoning Commission
that the total design as proposed for the entire subdivision is feasible.
The Planning and Zoning Commission shall give preliminary approval
or disapproval to the overall plan and final approval or disapproval
to the overall plan and final approval on the parts as submitted from
time to time. In the event of disapproval of the overall plan or any
part or parts thereof, the Commission shall act in accordance with
this Section and the reason for refusal of any plat or part thereof
shall be written upon the record of the Commission stating the specific
regulation or regulations of non-conformance.
E.
The
provisions of this Section shall be held to the minimum requirements
necessary in the subdivision of land within the jurisdiction of this
Section.
[CC 1990 §405.040; Ord. No. 97.053 §1, 11-10-1997]
For the purposes of this Chapter, certain words and terms used
herein are defined as follows:
The officer designated and authorized by the Board of Aldermen
to enforce "subdivision regulations".
A permanent public service-way or right-of-way, dedicated
for or in public use, or other than a street, place, road, crosswalk,
or easement, designed to provide a secondary means of access for the
special accommodation to the back or side of abutting properties and
not intended for general traffic circulation.
The total of the areas taken on a horizontal plane at the
main grade level of the principal building, and all accessory buildings
exclusive of uncovered porches, terraces, and steps.
The total area within the property lines of the site, less
the area of any street right-of-way.
Any street, highway, river, pond, canal, railroad, levee,
embankment, berm, stream or drainage ditch, or screening by fence
or hedge.
A definite point of known elevation and location and of more
or less permanent character.
A unit of property entirely surrounded by public highways,
streets, railroad rights-of-way, waterways, or other barriers (except
alleys, crosswalks, or exterior boundaries of a subdivision, unless
such exterior boundary is a street or highway), or any combination
thereof.
The Board of Aldermen of the City of Desloge, Missouri.
Any structure, whether temporary, semi-permanent, or permanent;
designed or intended for the support, enclosure, shelter, or protection
of persons or property.
The line nearest the front or side of and across a lot establishing
the minimum yard to be provided between the principal building or
structure and the lot line.
The City of Desloge, Missouri.
The City Counselor or Attorney of the City of Desloge, Missouri,
or whomever shall be designated as City Attorney.
The City Clerk of the City of Desloge, Missouri.
The City Engineer of the City of Desloge, Missouri, or whomever
shall be designated as City Engineer.
The Missouri Department of Natural Resources or the Division
of Health.
Generally, any business of a commercial nature that has as
its primary function the direct sale of goods and services to the
general public.
The Planning and Zoning Commission of the City of Desloge,
Missouri.
The Comprehensive or Master Plan of the City of Desloge,
Missouri, whether in whole or in part, for the development of the
City, prepared by the Commission and adopted by the Board of Aldermen,
in accordance with the authority conferred by Chapter 89, RSMo.
The County of St. Francois, Missouri.
A strip of land dedicated to public use, which is reserved
across a block to provide pedestrian access to adjacent areas.
A short, minor street having one (1) end open to traffic
and the other end permanently terminated by a vehicle turnaround.
A street having one (1) end open to traffic and the other
end closed. In all instances the terminated end shall be provided
with a temporary turnaround.
The arrangement of land for easements, lots and right-of-way;
including materials, improvements, alignment, grade, and width of
these elements.
See "Subdivider".
The land required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safe-guard the public against flood damage.
A grant by the property owner of the use, for a specific
purpose or purposes, of a strip of land by the general public, utility
companies, or private individuals.
A professional engineer registered in the State of Missouri.
All the property fronting on one (1) side of a street between
the two (2) nearest intersecting streets, or other natural or artificial
barriers.
The slope of a road specified in percent and shown on road
profile plans as required herein.
The totality of grading, crosswalks, culverts, bridges, sanitary
and storm sewers, water mains, street surfaces and/or pavements, street
and road signs, street lights, curbs and gutters, sewage treatment
facilities, pedestrian ways, gas mains, landscaping, monuments, electric
utilities, and all other appropriate improvements required to render
land suitable for the use proposed.
The corporate area of the City of Desloge, Missouri, or any
areas which may subsequently come under the jurisdiction of said City.
A portion of a subdivision, or other parcel of land intended
as a unit for transfer of ownership or development, occupied or to
be occupied by a building, or unit group of buildings, and accessory
buildings together with such yards and lot area as are required by
this Section, and having its principal frontage upon a street, or
place approved by the Commission.
The total horizontal area within the boundaries of a lot,
exclusive of any land designated for rights-of-way for street purposes.
A lot abutting upon two (2) or more streets or rights-of-way
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 which runs through a block from street to street and
which has two (2) non-intersecting sides abutting on two (2) or more
streets.
The boundaries of a lot.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at a point midway between the front
and rear lot lines.
The Official Plans of highways, primary and secondary arterials,
and other major streets, including collector streets, adopted by the
Planning and Zoning Commission, approved by the Board of Aldermen,
and duly recorded in the Office of the County Recorder.
An object set in the ground to mark the boundaries of real
estate or to mark a survey station.
Either or both:
The map showing streets, highways, and parks and drainage,
both existing and proposed, as approved and adopted by the City.
The date when a subdivision plan shall be considered submitted
to the Planning and Zoning Commission, and is hereby defined to be
the date of the meeting of the Planning and Zoning Commission at which
all required surveys, plans, plats, and data are submitted.
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, open or "green
space" areas and other areas that shall be deemed necessary
by the Commission.
An auxiliary lane of a street used primarily for vehicular
parking.
An all weather, dust free penetration asphalt, asphaltic
concrete, concrete surface, or oil and chip (sealed) surface.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Commission or other approving
body approves a final plat; including performance bonds, escrow agreements,
and other similar collateral or surety agreements.
Any individual, corporation, firm, partnership, association,
estate, organization, or any group acting as a unit.
An open, unoccupied, officially designated space, other than
a street or alley, permanently reserved as the principal means of
access to abutting property.
See "Plat", "Plat, Preliminary", "Plat, Final", and "Pre-Application Sketch".
A map, plan, or layout of a city, township, section, or subdivision
indicating the location and boundaries of individual properties.
The final map or plan of all or a portion of a land subdivision
with the necessary affidavits, dedications, acceptances, complete
hearings and dimensions of all lines defining lots and blocks, streets
and alleys, public areas, and other dimensions of land which is presented
to the Commission for final approval in accordance with the provisions
of this Chapter, and which, if approved, shall be filed with the proper
county recording officer.
A map or plan of a proposed land subdivision showing the
character and proposed layout of the tract in sufficient detail to
indicate the suitability of the proposed subdivision of land.
A general drawing or sketch and discussion showing the general
layout and characteristics of the proposed subdivision.
The land opened, reserved, or dedicated for a street, sidewalk,
drainage, or other public purpose.
See "Building Setback Line".
The rate of deviation of the ground surface from the horizontal
surface, as expressed in percentages.
A right-of-way, other than an alley, dedicated or otherwise
legally established to the public use, with a surface, usually affording
the principal means to abutting property. A street is intended primarily
as a means of vehicular and pedestrian travel which may also be used
to provide space for sewers, public utilities, and sidewalks. For
the purpose of this Section, streets shall be classified as follows:
Collector street: The collector street serves
as the connector street between local streets and primary arterials
and used mainly for traffic movement within residential, commercial
and industrial areas. It provides access to arterials from local streets
and is designed for intermediate volumes. The collector street should
be designed to discourage its use by through traffic.
Cul-de-sac: The local residential streets may
take the form of a loop, connecting at each end with the neighborhood
collector street in such a manner as to discourage through traffic.
The cul-de-sac is a dead-end street that, except where unusual topographic
conditions prevail, the length should be limited to five hundred (500)
feet and should have a design for a turnaround at the end to serve
both passenger and service vehicles.
Local street: Local streets should serve the
purpose of providing access to properties within a given area. The
local street is exclusively for land service, providing access to
adjacent properties, which may be devoted to residential, commercial,
or other uses. It should be designed to carry no through traffic and
serve only low speed vehicles.
Primary arterial: An arterial street generally
serves as the principal facility for through traffic flow in the urban
area. Its purpose is to collect and distribute traffic to and from
principal traffic generators. In the City of Desloge, arterial streets
are principally two (2) lane with right-of-way and lane capacity capable
of being increased if necessary.
Anything constructed, which requires permanent or temporary
location on the ground or is attached to something having a permanent
or temporary location on the ground.
A person, firm, corporation, partnership, association, estate,
or any other group or combination acting as a group, undertaking the
subdividing or resubdividing of a lot, tract, or parcel of land into
two (2) or more parcels, sites, tracts, or lots, or other subdivisions
of land for the purpose of transfer of ownership or development, whether
immediate or future, including all changes in street or lot lines.
The term "subdivider" shall include any agent of
a subdivider or developer.
Major. The division of land into two (2) or
more lots or parcels, any one of which is less than three (3) acres
in area, for the purpose of either immediate or future sales, rental
or building development for residential or commercial purposes. Excluded
from this definition is:
Minor. One (1) or more of the following categories:
The division of land into not more than four (4) lots and each
having a frontage of not less than seventy-five (75) feet on an existing
road or highway;
The division of land held by a bona fide partnership in existence
for two (2) or more years upon dissolution thereof;
The division of land among the immediate members of family for
personal use; provided that the proposed subdivision of land:
Does not include any new streets, improvements, easements, rights-of-way,
or rights of ingress or egress;
Does not include a provision for a public area or public facility;
Conforms to the setback line requirements of the Zoning Code
of the City of Desloge, and all other area regulations of said Code.
An insurance company qualified and acting under the provisions
of Chapter 379, Revised Statutes of Missouri, and which is approved
by the City Attorney.
See "Major Street Plan".
A corporation qualified and acting under the Missouri Title
Insurance Law or a corporation which is an issuing agency for an insurance
company insuring land titles.
An area or parcel of land which the developers intend to
subdivide and improve, or to cause to be subdivided and improved,
pursuant to the requirements of this Chapter.
A space of the same lot with a building, which is open, unoccupied,
and unobstructed by structures, except as provided in the Zoning Code.
Front yard. A yard extending across the front
of a lot between the side yard liens and being the minimum horizontal
distance between the street line and the front building line.
Rear yard. A yard extending along the rear
of a lot between the side yard lines and being the minimum horizontal
distance between the rear lot line and the rear building line.
Side yard. A yard extending along each side
of a lot between the front yard line and the rear yard line and being
the minimum horizontal distance between the side lot line and the
side building line.
A map entitled, "Desloge, Missouri Zoning Districts", dated
May 10, 1993, and any amendments thereto.
The part of the Comprehensive Plan, now or hereafter, adopted,
which includes an ordinance and zoning map which divides the area
within the City into Districts, with regulations and requirements
and procedures for the establishment of land use controls within said
City.
