[R.O. 2011 §400.740; Ord. No. 2006-170 §1, 12-19-2006]
A.
Purpose. The purpose of this Article is to:
1.
Protect and provide for the public health, safety and general welfare of the City.
2.
Guide the future growth and development of the City.
3.
Ensure regulations are in place to allow for the orderly division of land and to establish reasonable standards of design for subdivisions.
4.
Ensure adequate and efficient public facilities, including transportation networks, water services, sewer services, drainage, schools, parks, recreation facilities and other public facilities, are provided.
5.
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.
Preserve the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features.
B.
Policy.
1.
It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the Comprehensive Master Plan for the orderly, planned, efficient, physical and economical development of the City. Land to be subdivided shall be of such character that it can be used safely for development purposes without danger to health or peril from fire, flood or other menace and land shall not be subdivided until available public facilities and improvements exist and proper provision has been made for drainage, water, sewage disposal and capital improvements, such as schools, parks, recreation facilities, transportation facilities and improvements.
2.
The subdivision of land is a privilege conferred upon the developer by the laws of the State of Missouri and through these regulations. It is the developer who is seeking to acquire the advantages of lot subdivision and upon them rests the duty of compliance with this Chapter, the Comprehensive Master Plan, capital budget and program of the City and any reasonable conditions laid down by the Planning and Zoning Commission and the Board of Aldermen so as to promote the safety and general welfare of the future plot owners in the subdivision and the community at large.
3.
No land shall be subdivided within the incorporated area of the City until the subdivider or their agent has submitted the appropriate plats to the Board of Aldermen for their review and approval and until the approved plat is filed with the County Recorder of Deeds. No building permit or certificate of occupancy shall be issued for any parcel or plot of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this Article and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.
C.
Saving Provision. The regulations of this Article shall not be construed as abating any action now pending under or by virtue of prior existing subdivision regulations or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the City under any Section or provision existing at the time of adoption of this Chapter or as vacating or annulling any rights obtained by any person, firm or corporation by lawful action of the City, except as shall be expressly provided for in this Article.
D.
Classification Of Subdivisions.
1.
Minor subdivision. Plats involving the following actions shall be considered a minor subdivision, provided all lots have frontage on an existing street and do not require any new streets or the extension of City facilities or the creation of any public improvements.
2.
Major subdivision. A plat including four (4) or more lots or that requires new streets, the extension of City facilities or the creation of any public improvements shall be considered a major subdivision.
3.
Reclassification of minor subdivision. The development of successive minor subdivisions by the same owner or developer or by a person in privity with the owner or developer, so as to circumvent the requirements of these regulations with respect to major subdivisions shall be prevented. Whenever a minor subdivision is developed from the same general tract of land as a previously developed minor subdivision or where successive minor subdivisions are developed so as to constitute a major subdivision within the meaning of these regulations, the entire development shall be treated as a major subdivision.
E.
Variances To Public Improvements.
1.
General. In cases in which there is an unwarranted hardship in carrying out the literal provisions of Article X Infrastructure Improvements the subdivider may request a variance from the regulations. Such a request shall be to vary from the design criteria of Article X Infrastructure Improvements only; all other variance requests shall follow the procedure established in Section 400.280 Variance Applications.
2.
Submittal. At the time when a preliminary plat is submitted, the subdivider may submit a petition for a variance from the regulations of Article X Infrastructure Improvements. The petition shall fully state the grounds for the application and address the review criteria outlined below.
3.
Review and recommendation. The Planning and Zoning Commission shall review the petition for a variance in conjunction with the preliminary plat and make a recommendation to the Board of Aldermen.
4.
Review and action. The Board of Aldermen shall review the petition for a variance in conjunction with the preliminary plat and take action to approve, approve with conditions or deny the petition.
5.
Review criteria. In reviewing all petitions for a variance, the reviewing bodies shall consider the following review criteria:
a.
The particular physical surroundings, shape or topographical conditions of the specific property involved cause an extraordinary hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations of Article X Infrastructure Improvements are carried out.
b.
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.
c.
The granting of the variance will not have the effect of nullifying the intent and purpose of this Chapter and the Comprehensive Master Plan.
d.
The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
6.
Conditions. The Planning and Zoning Commission may recommend and the Board of Aldermen may require such conditions as will substantially secure the objectives of this Chapter.
7.
Approval. Should a variance be approved, it shall be included as part of the final plat application.