[CC 1990 §20-58; Ord. No. 341, 5-9-2001]
Whenever the area is divided into lots containing one (1) or
more acres and there are indications that such lots will eventually
be resubdivided into smaller building lots, consideration must be
given to the highway, street and lot arrangement of the original subdivision
so that additional minor streets can be opened which will permit a
logical arrangement of smaller lots. Easements providing for the future
opening and extension of such streets may at the discretion of the
Board of Aldermen be made a requirement of the plat.
[CC 1990 §20-59; Ord. No. 341, 5-9-2001]
The arrangement of highways and streets in new subdivisions
shall make provisions for the continuation of the existing highways
and major streets (or their projection where adjoining property is
not subdivided) insofar as they may be deemed necessary by the Board
of Aldermen for public requirements. The width of such highways and
streets in new subdivisions shall not be less than the minimum street
widths established herein. The highway and street arrangements shall
also be such as to avoid hardship to owners of adjoining property
when they plat their own land and seek to provide for convenient access
to it.
[CC 1990 §20-60; Ord. No. 341, 5-9-2001]
When the area to be subdivided adjoins a railroad right-of-way,
the intersection of the centerline of any street or highway paralleling
the railroad with that of any street that crosses the railroad shall
not be less than one hundred fifty (150) feet from the centerline
of the railroad track.
[CC 1990 §20-61; Ord. No. 341, 5-9-2001]
A. Streets. The minimum width of a minor street shall be sixty
(60) feet. Where streets adjoin unsubdivided property, a half street
at least thirty (30) feet in width shall be dedicated and whenever
subdivided property adjoins a half street, the remainder of the street
shall be dedicated. No homes shall be constructed on half streets.
B. Alleys. Alleys should be provided in a residential block.
Alleys may be required in the rear of all business and industrial
lots and shall be at least thirty (30) feet wide. If alleys are provided
in a residential block, they shall be at least sixteen (16) feet wide.
Alleys should not be used for frontage for residential buildings.
[CC 1990 §20-63; Ord. No. 341, 5-9-2001]
A. Except
in cases where unusual topographic conditions may make it advisable
to modify these provisions, the following shall apply:
1. Maximum length of five hundred (500) feet.
2. Vehicular turnaround at the closed end of a street having a minimum
radius of fifty (50) feet and a roadway having a minimum radius of
forty (40) feet to the interior curb line.
3. In the case of temporarily dead-end streets, which are stub streets
designed to provide future connection with unsubdivided areas adjoining,
the City Planning Commission may require a temporary easement for
a turnaround of the nature indicated above, or an appropriate area
for a backaround, or a roadway at least twenty-six (26) feet in width
of not excessive length to connect the temporary dead-end with an
existing street.
[CC 1990 §20-64; Ord. No. 341, 5-9-2001]
A. Streets
shall be so arranged that grades shall not exceed ten percent (10%)
for major thoroughfares and fifteen percent (15%) for minor streets.
B. Gutter
grades on paved streets shall not be less than one-half of one percent
(0.5%).
C. All
changes in street grades shall be connected by a vertical curve of
reasonable length to assure adequate visibility.
D. In
approaching intersections, there should be a suitable leveling of
the street at a grade generally not exceeding five percent (5%) and
for a distance of not less than one hundred (100) feet from the nearest
line of the intersecting street. The grade within the intersection
should be as level as possible, permitting proper drainage.
[CC 1990 §20-65; Ord. No. 341, 5-9-2001]
A. Street
intersections shall be rounded by radii of a least twenty (20) feet.
B. Streets
should be laid out to intersect at right angles, and may be curved
approaching the intersection in order to bring this about; no street
shall intersect any other street at an angle of less than sixty degrees
(60°).
C. The
design of the intersection should be such that a clear sight distance
for seventy-five (75) feet at the roadway centerline with no obstruction
to sight within the triangle formed by these points.
[CC 1990 §20-66; CC 1978 §§107.001, 107.021,
107.031; Ord. No. 341, 5-9-2001]
A. Streets
that are obviously in alignment with others already existing and named
shall bear the names of the existing streets. The proposed names of
new streets shall be shown on the final plat and such names shall
not duplicate or sound similar to existing street names. The Director
of Public Works or the Board of Aldermen shall determine street names
and house numbers. This should be coordinated with the local "911"
emergency system personnel.
1. East-West streets:
a. The streets running east and west shall be named as follows: First
Street, Second Street, Third Street, Fourth Street, Fifth Street and
Sixth Street.
b. The name Bel-Air Avenue is given to an east-west street connecting
Belle Avenue and Highway 89. (Motion of March 5, 1970)
c. The name Lehnoff Drive is given to an east-west street going east
of Highway 28.
2. North-South streets:
a. The streets running north and south shall be named as follows: Apple
Avenue, Oak Avenue, Tellman Avenue, Jersey Avenue, Linn Avenue, Alvarado
Avenue, Johnson Avenue, Vienna Avenue and Bland Avenue.
3. State Highway 28:
a. The street running from northeast to southwest shall be named Highway
28.
[CC 1990 §20-67; Ord. No. 341, 5-9-2001]
A. No
block will be longer than one thousand two hundred (1,200) feet between
street lines. An easement near the center of the block not less than
ten (10) feet wide for a crosswalk may be required on blocks that
are over seven hundred fifty (750) feet in length.
B. The
width of blocks, except for special reasons, shall not be less than
two hundred (200) feet and not more than three hundred fifty (350)
feet.
[CC 1990 §20-68; Ord. No. 341, 5-9-2001]
A. The
lot arrangement and design shall be such that all lots will provide
satisfactory building sites, properly related to topography and the
character of surrounding development.
B. The
width and area of all lots shall comply with the requirements of the
zoning district in which they are located. Unless otherwise determined
by zoning regulations, no residential lot shall be less than sixty
(60) feet in width at the building line, or less than one hundred
twenty (120) feet in depth, or less than seven thousand two hundred
(7,200) square feet in area.
C. The
foregoing requirements apply only to residential lots served by public
sewers. In the case of lots not so served, such lots shall be of sufficient
additional area to properly accommodate a suitable private sewage
disposal device. The City Planning Commission will determine the required
lot size upon report of appropriate tests and adequate determination
and recommendation of the County Health Officer or State Board of
Health. Whenever City sewers are made available (at plat), the residents
must hook up to the system within ninety (90) days.
D. Corner
lots shall have extra width sufficient to permit building lines on
both adjoining streets.
E. In
all lots, so far as possible, the side lines shall be at right angles
to straight streets lines or radial to curved street lines except
where a variation of this rule will provide better street and lot
layout.
F. Double
frontage and reverse frontage lots shall be avoided except where their
use will produce definite advantages in meeting special situations
in relation to topography, sound site planning and proper land use.
[CC 1990 §20-69; Ord. No. 341, 5-9-2001]
Building lines conforming to zoning regulations shall be shown
on all lots within the platted area. The minimum building line permitted
for residential lots shall be thirty (30) feet. Provisions shall be
made by the owner's declaration of plat requiring all enclosed parts
of buildings to be set back to such building lines.
[CC 1990 §20-70; Ord. No. 341, 5-9-2001]
Whenever a subdivision is developed as a modern neighborhood or community unit, wherein adequate park area is provided and through traffic is adequately cared for and the majority of the minor streets are of the cul-de-sac type, the Commission may vary requirements of Sections
410.080,
410.100,
410.140,
410.150 and
410.160 of this Article in order to allow the subdivider more freedom in arrangements of the streets and lots, but at the same time protect the convenience, health and safety of the probable future residents of the subdivision as well as the general welfare of the surrounding area.
[CC 1990 §20-71; Ord. No. 341, 5-9-2001]
The City Planning Commission and Board of Aldermen may require
that certain minimum regulations regarding type and character of development
be incorporated in the owner's declaration of plat. Such regulations
shall be intended to protect the character and development of the
platted subdivisions, as well as that of the surrounding development.
[CC 1990 §20-72; Ord. No. 341, 5-9-2001]
A. Where
alleys are not provided in the plat of the City of Belle, Missouri,
easements of not less than ten (10) feet in width shall be granted
to the City by the owner on each side of all rear lot lines and, where
necessary, side lot lines for public utility requirements. Easements
of greater width shall be granted to the City along lot lines or across
lots when necessary for extensions of main sewers or other utilities.
B. The
placement or construction of buildings or structures on such public
utility easements shall be permitted only pursuant to the provisions
of this Section.
C. The
owner of any lot within the limits of the City of Belle, Missouri
may make written application to the Director of Public Works for the
placement or construction of any building or structure. The Director
of Public Works shall have authority to approve the placement or construction
of any fence across such utility easements and such fences shall be
permitted upon the owner's compliance with this Chapter. Any request
for placement or construction of a building or structure, other than
fence, shall be presented by the Director of Public Works to the Board
of Aldermen for consideration.
D. The
owner of any lot within the limits of the City of Belle, Missouri
who makes application to the Director of Public Works must apply for
and receive a permit from the Director of Public Works prior to placement
or construction of any fence on such property where a public easement
has been granted to the City. In making application to and requesting
a permit from the City, each such lot owner shall agree in writing
to the following conditions:
1. To notify the Director of Public Works, in writing, so as to locate
the presence of all underground utilities prior to the placement or
construction of any such fence.
2. To maintain access to the lot on which the City maintains a public
utility easement by:
a. Providing a gate with a minimum width of ten (10) feet on both ends
of such easement whether such gate consists of a single, ten (10)
foot wide gate or two (2) five (5) foot wide gates.
b. Agreeing to remove the fence in a timely fashion if notified by the
City that access to the public utility easement is required.
c. Accepting responsibility for replacement of or repair of the fence
should utility crews be required to remove the fence in order to gain
access to the easement in an emergency situation or should the lot
owner fail to remove the fence in a timely manner when so notified
to do so by the City.
[CC 1990 §20-73; Ord. No. 341, 5-9-2001]
Wherever any stream or surface watercourse is located in an
area that is being subdivided, the subdivider shall at his/her own
expense make adequate provisions for the proper drainage of surface
water and shall also provide and dedicate to the City of Belle an
easement along said streams and watercourses meeting the approval
of the City Planning Commission.
[CC 1990 §20-74; Ord. No. 341, 5-9-2001]
Monuments shall be placed at block corners, point of curves,
change in direction along lot lines and at each lot corner in accordance
with specifications of the City.
[CC 1990 §20-75; Ord. No. 341, 5-9-2001]
Where an area being subdivided includes lands proposed to be
used for parks or schools, the subdivider shall indicate the location
of such areas on the subdivision plat. Park sites are to be purchased
within one (1) year of the recording date of the subdivision by the
City at the appraised raw land value prior to subdivision plus one-half
(½) of the cost of grading and paving, including curbs, of
the portion on any streets that are contiguous to the site. School
sites are to be reserved for two (2) years giving the appropriate
school district the right to purchase the land at the appraised raw
land value prior to subdivision plus one-half (½) the cost
of grading and paving, including curbs, of any streets contiguous
to the site. Should the park or school sites not be purchased within
the time limit specified above, the subdivider may then sell them
for an alternate purpose as shown on the approved subdivision plat.
[CC 1990 §20-76; Ord. No. 401, 1-9-2007; Ord. No.
412, 8-14-2007; Ord. No. 414, 10-9-2007]
A. The
purpose of this Section is to establish regulations concerning fences
in the City of Belle, Missouri.
B. Permit Required. It shall be unlawful for any person, firm,
or corporation to construct, or cause to or to be constructed, any
fence or privacy screen upon any property within the City of Belle
without first having obtained a permit. The owner, renter, lessee
of the property shall be responsible for obtaining the permit; unless
it can be demonstrated that he/she has hired a contractor to erect
the fence or privacy screen. If a contractor has been hired to erect
a fence or privacy screen, then such person, firm, or corporation
shall be responsible for obtaining the permit.
C. Definitions. The following words, when used in this Section,
shall have the meanings set out herein:
AGRICULTURAL
Welded wire, woven wire metal, T-post, creosote or Pena treat
post.
CONSTRUCTION SITE BARRIER
A structure erected on a temporary basis to protect a construction
site from vandalism and unauthorized entry.
FENCE
A structure, partition, privacy screen or wall erected at
grade as a dividing marker or barrier, for the purpose of enclosing
a piece of land, separating contiguous pieces of land, or marking
off a piece of land, used as a means of protection or confinement,
but not including hedges, shrubs, trees, or natural growth.
FENCE HEIGHT
The vertical distance measured from the side of the fence
that is exterior to the property and/or from the lowest adjacent ground
level to the top of the fence material. In the case of wire fencing,
height shall be measured by the width of the material used, providing
that when installed, the material is directly adjacent to the ground
level.
LANDSCAPE TREATMENT
A non-site-obscuring, decorative wooden or metal structure
used to enhance, accent, or protect the landscaping of the site.
PRIVACY FENCE
A decorative structure, often site-obscuring, erected adjacent
to or around a patio, deck, courtyard, or swimming pool designed to
screen the area behind it or within its confines from observation
by persons outside its perimeter. This fence shall be no less than
five (5) feet in height and no more than six (6) feet in height.
SHARP POINTED FENCES
A barbed fence, a fence with spikes, other sharp points or
a razor blade fence.
SITE OBSCURING
Opaque or having such qualities as to constitute a complete
visual barrier to persons outside the perimeter of the site-obscuring
object. A fence which partially obscures a site shall not be considered
site obscuring if the distance between boards, slats, rails, stanchions,
or balusters equals or exceeds three (3) inches.
WIRE FENCE
A fence whose principal material is wire. This includes,
but is not limited to, chain-link fences.
D. Application And Fee. Any person, firm, or corporation desiring
to erect, build, or construct or cause to be erected or constructed
a fence or privacy screen upon property in City of Belle shall first
apply to the Building Inspector for a permit and shall pay a fee of
twenty dollars ($20.00). A permit shall be issued only after the Building
Inspector has reviewed the application and has determined that the
proposed fence or privacy screen complies with this Section.
E. Fence And Privacy Screen Construction. All
fences and privacy screens shall be constructed of: metal, ornamental
wire, wrought iron, plastic, or wood. A decorative fence constructed
of any of the preceding materials shall be permitted provided the
Building Inspector determines that the proposed fence is of structurally
sound construction. All supporting post, cross-members and protruding
bolts, screws and/or hardware of site-obscuring fences and privacy
screens shall be inside the lot and face toward the interior of the
lot of the person, firm, or corporation who erects, constructs or
causes to have erected or constructed the site-obscuring fence or
privacy screen. Masonry pillars used in conjunction with a fence made
of approved materials shall be permitted upon the same terms and conditions
as the fence itself.
F. Landscape Treatment. Landscape treatment shall be permitted
provided that they do not exceed three (3) feet in height, and do
not reduce the sight distance of the traveling public.
G. Privacy Screens. Privacy screens are permitted in the side
and rear yards provided that they do not exceed six (6) feet in height
and are located on property owner's property. Privacy screens are
not permitted in the front yard.
H. Fence Regulations For "AG-1" Agricultural Districts. Electrified
and barbed wire fences shall be permitted in "AG-1" zoning districts
when used in connection with an approved farming operation, i.e.,
a tract of land having thereon an agricultural use.
I. Fence Regulations For Residential Districts. Barbwire, sharp
or pointed tops, affixed spikes, projecting nails or other dangerous
objects of any kind or description shall not be permitted as fencing
material in "R-1" zoning districts.
1. Residential fences shall not exceed six (6) feet in height.
2. Rear and side yards. All fences shall be located
entirely upon the property and all privacy screens shall be located
on property owner's property.
3. Front yard. No privacy screen of any type shall
be built any closer than twenty (20) feet from edge of the highway.
4. Street side yards. All fences or privacy screen
of any type are required to have at least one (1) three (3) foot gate
on the street side made of same material as fence. No fence or privacy
screen shall be placed in a City, County, or State right-of-way without
a City, County, or State permit being issued. Any fence or privacy
screen erected in an easement location can be removed without permission.
5. Privacy screens shall be required around the play yard of all day
care centers/learning centers/nursery schools that adjoin any residential
district. The fence shall be six (6) feet in height and other specifications
for such fencing shall be the same as outlined elsewhere in this Chapter.
6. Ornamental dividers, plastic chains, post or like materials erected
along driveways or sidewalks shall not be considered a fence and will
not require a permit.
7. No agricultural material to be used in residential districts.
J. Fence Regulation For Business And Industrial Districts.
1. Fences higher than six (6) feet may be permitted for security and/or
screening purposes by the Building Inspector. Written request must
be made to the Building Inspector stating reasons for fences extending
higher than six (6) feet. Barbed wire shall be permitted only if the
lowest strand is at least seven (7) feet above grade, and when used
for security purposes in addition to a regular fence.
2. Fences are permitted on any lot or paved area so long as they do
not extend any closer than twenty (20) feet from the edge of the highway.
3. When a fence is constructed to comply with screening requirements,
all fencing regulations regarding maintenance, material and height
shall apply.
K. Encroachment. All fences shall be built by the party desiring
the same so as not to have any part of the fence encroaching upon
adjoining property, unless the owner of the property adjoining agrees,
in writing, that such fence may be erected on the division line of
the respective properties. All fences cannot be placed in a City,
County, or State right-of-way without a City, County, or State permit
being issued. Any fence erected in an easement location can be removed
without compensation.
L. Compliance With Zoning Regulations. All fences shall comply
with the relevant Section of the Zoning Code as set out in this Chapter.
In the case of a conflicting Chapter or Section elsewhere in this
Code, this Chapter shall govern.
M. Denial Of Responsibility. The City of Belle shall not be
responsible for the enforcement of any agreement relative to mutual
or separate payment for the cost of construction of fences, nor shall
the City be responsible for the determination of the location of any
fence to be erected, built, or constructed on a lot line.
N. Maintenance And Repair.
1. Any person who erects, builds, or constructs any fence or privacy
screen upon property which said person owns or leases, or rents shall
be responsible for the repair, upkeep and maintenance of the fence
and privacy screen.
2. Any person who contracts with another or causes another to erect,
build, or construct a fence or privacy screen shall be responsible
for the repair, upkeep, and maintenance of that fence or privacy screen
and any area adjacent thereto.
3. Any person who owns property upon which a fence or privacy screen
has been constructed by a previous owner shall be responsible for
the care, upkeep and maintenance of the fence or privacy screen. If
a previously constructed fence is located upon a lot line, each successive
owner of the fence or privacy screen shall be responsible for its
care, upkeep and maintenance. If ownership of the fence located upon
a lot line is joint or cannot be determined, then each party owning
property adjacent to the fence shall be responsible for the care,
upkeep and maintenance of the fence facing the property. For the purpose
of this Subsection, the owner of a fence shall be deemed to be any
person, persons or their successors who purchase or otherwise acquire
the property from the person who originally erected or caused a fence
to be erected thereon.
4. The Building Inspector or his/her designated personnel may inspect
any fence to determine whether it conforms with the provisions of
this Section. Any person who erects, constructs, builds or causes
to erect, construct or build a fence or has property upon which a
fence is located shall permit the Building Inspector or his/her designated
personnel access to inspect said fence to determine whether it complies
with the provisions of this Section. When the Building Inspector or
his/her designated personnel receives a complaint that a fence has
not been constructed, maintained or repaired as required by this Section,
the Building Inspector or his/her designated personnel shall give
written notice at least five (5) days in advance of the date of an
intended inspection to the parties interested, advising them of the
time and place that the fence will be inspected. The Building Inspector
or his/her designated personnel shall then inspect said fence at the
arranged time and place and determine in writing if the fence is required
to be repaired or rebuilt. Written notification of the results of
said inspection shall be sent to the owner or person responsible for
the maintenance of the fence. If any person so notified neglects or
refuses to comply with the requirements of such determination for
a period of fifteen (15) days, then the Building Inspector or his/her
designated personnel shall have the authority to cause a complaint
to be filed in court against the responsible party or parties.
5. All fences erected prior to enactment of this Section shall be considered
non-conforming and as such shall be allowed to remain in place. However,
at such time when the parcel or lot in question is sold, transferred
or leased to another party, the fence will either be brought into
conformity by present regulations or removed.
O. Penalty. Any person violating any of the provisions of this Section is guilty of an ordinance violation and shall be punished as provided in Section
100.220 of this Code.