[R.O. 2008 §405.010; Ord. No. 381 Art. I, 11-9-1987]
A.
This Chapter shall be known and may be cited and referred to as the
"Land Subdivision Regulations of Ironton, Missouri."
B.
This Chapter is to provide for the coordination of streets within
subdivisions with other existing or planned streets or with other
features of the Comprehensive Plan of Ironton, Missouri; for minimum
requirements of the preliminary and final plats; for minimum standards
of physical improvements in new subdivisions; for adequate open spaces
for traffic, recreation, light and air; and for a distribution of
population and traffic for the health, safety, and general welfare
of the community.
C.
The rules and regulations governing the subdivision of land contained
herein shall apply within the corporate limits of the City of Ironton,
in accordance with the provisions of Chapter 89, Sections 89.300 to
89.490. Revised Statutes of Missouri, and within future areas which
may come under the jurisdiction of said City.
[R.O. 2008 §405.020; Ord. No. 381 Art. II, 11-9-1987]
For the purpose of this Chapter, certain words and terms used
herein are defined as follows:
A permanent public service way, dedicated for or in public
use, other than a street, place, road, crosswalk, or easement, designed
to provide a secondary means of access for special accommodation to
the back or side of abutting properties and not intended for general
traffic circulation.
The total of 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 elevations and location and of
more or less permanent character (generally indicated on USGS topographic
maps).
A unit of property entirely surrounded by public highways,
streets, railroad rights-of-way, waterways, public parks, cemeteries,
corporate boundary lines, 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 line parallel to the front, side, or rear lot line establishing
the minimum space to be provided as the front, side, or rear yard.
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision, which land is
conveyed by the developer in fee simple absolute title by warranty
deed to trustees whose trust indenture will provide that said common
land used for the sole benefit, use and enjoyment of the lot owners
present and future. No lot owners shall have the right to convey his
interest in the common land except as incident to the ownership of
a regularly platted lot.
The Comprehensive Plan of the City of Ironton, Missouri,
whether whole or in part, made and adopted by the City Planning Commission
in accordance with the authority conferred by Chapter 89, Revised
Statutes of Missouri.
A short, local street having one end open to traffic and
the other end permanently terminated by a vehicular turnaround.
A street having one end open to traffic and the other end
closed.
The arrangement of land for easement, lots, and rights-of-way,
including materials, improvements, alignment, grade, and width of
these elements.
A natural watercourse or man-made indenture for the drainage
of surface water.
The land required for the installation of storm sewers or
drainage ditches, or required along the natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A grant by the property owner of the use, for a special purpose
or purposes, of a strip of land by the general public, utility companies,
or private individuals.
A title company, bank, savings and loan association, trust
company, reputable attorney or any other person or agency approved
by the City Attorney to act as an escrow agent under the provisions
of this Chapter.
The area, usually lowlands, adjoining the channel of a river,
stream, watercourse, lake or other body of standing water, which has
been or may be covered by flood waters.
All land subject to periodic inundation by the overflow of
natural waterways.
All of the property fronting on one (1) side of a street
between the two (2) nearest intersecting streets, or other natural
or artificial barriers, including boundaries.
The slope of a road, street, or sewer specified in percent
and shown on road, street, or sewer profiles as required herein.
All areas within a tract proposed for subdivision development
with a slope of fifteen percent (15%) or more.
A street in which the cross slope of the existing ground
exceeds fifteen percent (15%) and the center-line slope exceeds fifteen
percent (15%).
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, pedestrianways, gas mains, landscaping, monuments, electric
utilities, and all other appropriate improvements required to render
land suitable for the use proposed.
The engineering plans, prepared by a registered professional
engineer, containing all profiles, specifications, construction details,
and types of materials for all improvements, excluding dwelling units,
to be installed for the development of a subdivision.
The corporate area of the City of Ironton, 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
to be separately owned, rented, leased, developed, or otherwise used
as a unit, occupied or to be occupied by a building or group of buildings
and accessory buildings, together with such yards and lot area as
required by this Chapter, and having its principal frontage upon a
street, road, 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 or roadway
purposes.
A lot abutting upon two (2) or more streets or road 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, arterial streets, and collector
streets, approved by the City Planning Commission, and duly recorded
in the Office of the County Recorder of Deeds.
An object set in the ground to mark the boundaries of real
estate or to mark a survey station.
Either or both of:
The Map showing highways, streets, parks, and drainage rights-of-way,
existing and proposed, as approved by the Board of Aldermen.
The date when a subdivision plan shall be considered submitted
to the Commission, and is hereby defined to be the date of the meeting
of the 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, recreational areas, school
sites, community or public building sites, open or "green space" areas,
and other such areas that shall be deemed necessary by the Commission.
An area, either on an individual lot or on any other portion
of a subdivision, which is reserved for vehicular parking.
An auxiliary lane of a street or roadway used primarily for
vehicular parking.
An all-weather, dust-free asphaltic seal on appropriate base,
asphaltic concrete, or concrete surface.
An easement or right-of-way dedicated to public use to facilitate
pedestrian access to adjacent streets, roadways, and properties.
Any security, including performance bonds, escrow agreements
and other similar collateral or surety agreements, which guarantees
certain improvements will be made by the subdivider or developer.
Any individual, corporation, firm, partnership, association,
estate, organization, or any other group acting as a unit.
Any open, unoccupied, officially designated space, other
than a street or alley, permanently reserved as the principal means
of access to abutting property.
A map or plan, prepared by a registered Missouri land surveyor,
of a proposed land subdivision showing the character and proposed
layout of the tract in sufficient detail to indicate the suitability
of the proposed use of the tract.
A map, plan, or layout of a city, township, section, county,
subdivision, or mobile home park indicating the location and boundaries
of individual properties.
The final plat, prepared by a registered Missouri land surveyor,
showing complete bearings and dimensions of all lines defining lots
and blocks, rights-of-way for all streets, alleys, roadways, and easements,
public areas, and other dimensions of land as may be required for
the development of a subdivision.
The Public Service Commission of the State of Missouri.
The land opened, reserved, or dedicated for a street or roadway,
sidewalk, drainage area, railroad, or other public purpose.
See "building line/building setback line."
A depression in the land surface of circular or roughly circular
from, within which all surface drainage is internal and within which
surface water is impounded or drains into the subsurface through an
opening in the soil or bedrock.
The inclination of the ground surface from the horizontal
plane, usually expressed in percent, degree, or feet per mile.
A right-of-way, other than an alley, dedicated or otherwise
legally established for public or private use, with a surface, usually
affording the principal means of access to abutting property. A "street"
is intended primarily as a means of vehicular travel. The street right-of-way
may provide space for public facilities such as sanitary and storm
sewers, water, gas, and electric lines, and sidewalks. A "street"
may be designated as a highway, thoroughfare, road, throughway, pike,
avenue, boulevard, lane, drive, court or circle. For the purpose of
this Chapter, streets shall be classified as follows:
ARTERIALThis type of street serves the major traffic movements entering, leaving, or moving within an area. Its principal function is to move traffic and, in cases of high traffic volumes, requires limited access or controlled points of access. These streets are normally characterized by traffic controls and parking restrictions.
COLLECTORStreets which provide for traffic movement between arterials and local streets, and provide direct access to abutting property.
LOCALThe sole function of a local street is to provide access to immediately adjacent property. A cul-de-sac is classified as a local street.
MARGINAL ACCESS STREET/SERVICE ROADA local street parallel and adjacent to arterials, railroad rights-of-way, or other barriers, which provides access to abutting properties.
Anything constructed or manufactured, which requires location
on the ground or is attached to something having a location on the
ground.
A person, firm, corporation, partnership, association, estate,
or any other group or combination acting as a unit for the purpose
of subdividing or resubdividing or proposing to divide a lot, tract,
or other subdivision of land that constitutes a subdivision as defined
herein, 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.
The division of a tract of land into three (3) or more lots,
tracts, sites, parcels, or areas, any one of which is less than three
(3) acres in area and/or the division of a tract of land into any
number of lots, tracts, sites, parcels, or areas or any size which
includes improvements, new streets, easements, rights-of-way, rights
of ingress and egress or provision for a public area or public facility.
The term "subdivision" shall also include all resubdivisions of land
or lots.
The division of land into not more than two (2) lots, tracts,
sites, parcels, or areas for residential purposes, either of which
is three (3) acres or less in area and each having a frontage of not
less than seventy-five (75) feet on an existing City, State, or Federal
highway or road dedicated or deeded to the public prior to November
9, 1987, provided that the proposed subdivision of land:
Does not include any new street, easements, rights-of-way, rights
of ingress or egress (except an approved sewer and water system).
Does not include a provision for a public area or public facility.
Conforms to the setback line requirements and other requirements contained in Chapter 402.
Conveys the right-of-way necessary for road widening and maintenance
of City roads, where the granting of such right-of-way can be given
without undue hardship.
Where a minor subdivision is proposed that fronts upon an existing
City-maintained street or State-maintained highway that is scheduled
for widening in the State's five-year program or in any applicable
City street plan or program, the developer shall convey the necessary
right-of-way or post bond or escrow to insure that the right-of-way
shall be provided when the road widening is started. The bond escrow
agreement, therefore, need not provide a termination date.
An insurance company qualified and acting under the provisions
of Chapter 379, Revised Statutes of Missouri.
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 developer intends to
subdivide and improve, or to cause to be subdivided and improved,
pursuant to the requirements of this Chapter.
Any open space located on the same lot with a building or
structure, unoccupied and unobstructed from the ground up, except
for any accessory building or projections as are permitted on the
lot.
YARD, FRONTA yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the front lot line and the front building line.
YARD, REARA yard extending along the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and rear building line.
YARD, SIDEA yard extending along each side of a lot between the front yard and the rear yard line and being the minimum horizontal distance between the side lot line and the side building line.
A map entitled "Zoning District Map for the City of Ironton,
Missouri," dated June 3, 1969, and any amendments thereto.
The part of the Comprehensive Plan, now or hereafter adopted,
which includes an ordinance and map dividing the City into zoning
districts with regulations, requirements, and procedures for the establishment
of land use controls within the City.
[R.O. 2008 §405.030; Ord. No. 381 Art. III, 11-9-1987]
A.
It shall be unlawful for any person being the owner, agent, or person
having control of any land within the City of Ironton, Missouri, to
subdivide or lay out such land in lots unless by a plat, in accordance
with the regulations contained herein. No lots shall be sold nor any
plat recorded until such plat has been approved as herein provided.
B.
No lot, parcel, or tract of land within any subdivision shall be
offered for sale, contracted for sale, or option be given until said
subdivision plans have been officially approved by the City Planning
Commission and Board of Aldermen and recorded in the office of the
County Recorder.
C.
No improvements shall be made within any subdivision by any owner
or owners, or his or their agent, or by any public service corporation
at the request of said owner or owners or by his or their agent, until
the final plans have been officially approved by the City Planning
Commission and Board of Aldermen and recorded in the office of County
Recorder.
D.
The City of Ironton shall not accept, lay out, open, improve, grade,
pave or light any street, lay or authorize the laying of water mains,
sewers, connections or other utilities in any street within the City
unless the street has received the legal status of a public street
prior to the adoption of the Comprehensive Plan; or unless the street
corresponds in its location and lines with a street shown on a subdivision
plat approved by the Board of Aldermen or on a street plan made by
and adopted by the Planning Commission. The Board of Aldermen may
locate and construct or may accept any other street if the ordinance
or other measure for the location and construction or for the acceptance
is first submitted to the City Planning Commission for its approval
and approved by the Commission or, if disapproved by the Commission,
is passed by the affirmative vote of not less than two-thirds (2/3)
of the entire membership of the Board of Aldermen.
E.
Where a tract of land is proposed to be subdivided in two (2) or
more stages over a period of years, and the subdivider requests approval
in parts, he 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 City Planning Commission
that the total design as proposed for the entire subdivision is feasible.
The City Planning Commission shall give preliminary approval or disapproval
to the overall plan and final approval or disapproval on parts as
submitted from time to time. In the event of disapproval of the overall
plan or any part or parts thereof, the City Planning Commission shall
act in accordance with this Chapter and the reason for refusal of
any plan or part thereof shall be written upon the record of the City
Planning Commission stating the specific regulation or regulations
of nonconformance.
F.
Excluded from these regulations are:
1.
The division of land into not more than two (2) lots or parcels
in which both lots or parcels are three (3) or more acres in area,
is exempted from the provisions for preparing and filing a plat, but
shall be certified by the City Planning Commission.
2.
The division of land for cemetery usage.
3.
The division of land and distribution of land held by a benefit
partnership in existence for two (2) or more years upon dissolution
thereof.
4.
The sale or exchange of parcels of land between owners of adjoining property for the purpose of correcting or adjusting lines or increasing the size of property already owned by one of the parties, provided that additional lots are not thereby created and that the original lots are not reduced below the minimum size required by Chapter 402. The exchange of such land shall be certified by the Planning Commission.
5.
The transfer, exchange, or sale of adjoining property to improve
ingress or egress to existing lots, tracts, and areas.
G.
The provisions of this Chapter shall be held to be the minimum requirements
necessary for land subdivision within the jurisdiction of this Chapter.
[R.O. 2008 §405.040; Ord. No. 381 Art. IV, 11-9-1987]
A.
The subdivider shall submit preliminary plans in accordance with the specifications of Section 405.050 hereof. A preliminary plan shall first be submitted to the Planning Commission for approval. After the preliminary plans are approved by the Planning Commission in accordance with this Chapter, such preliminary plans shall be submitted to the Board of Aldermen for its approval or disapproval.
B.
Upon the recommendation of the Planning Commission, the Board of
Aldermen may waive the requirements for the submission of detailed
final plats or plans for minor subdivisions and resubdivisions of
no more than two (2) lots of record. In such case, however, the subdivider
will be required to submit a survey plat including, at a minimum,
the metes and bounds of the proposed subdivision which accurately
depicts the subdivision intended and the lots therein. The Board may
also require any additional information it deems necessary to be included
on the survey plat submitted.
C.
Not less than thirty (30) days before preparing and submitting the
preliminary plans to the Planning Commission, the developer or his
engineer shall consult with the Planning Commission, while the plan
is in sketch form, to ascertain the location of proposed highways,
primary or secondary thoroughfares, collector streets, parkways, parks,
playgrounds, school sites and other community facilities or planned
developments and to acquaint himself with the Commission's requirements.
The preapplication time period may be reduced by the Commission at
their discretion. During preapplication proceedings, the general features
of the subdivision, its layout, facilities and required improvements
shall be determined to the extent necessary for preparation of the
preliminary plan. Preapplication proceedings shall be properly documented
by minutes of conferences and memoranda, as may be necessary, and
copies of such documentation shall be furnished the developer.
D.
The subdivider shall submit preliminary plans in accordance with the specifications of Section 405.050 hereof at least two (2) weeks prior to the meeting of the Planning Commission at which action is desired. After the preliminary plans are approved by the Planning Commission in accordance with this Chapter, such preliminary plans shall be submitted to the Board of Aldermen for its approval or disapproval.
E.
The preliminary plan shall be checked by the Planning Commission
as to its conformity to the City Plan, and as to the plan's compliance
with the standards, requirements and principles hereinafter prescribed;
and the Planning Commission shall cause said preliminary plan to be
checked by the Planning Commission's representative to ascertain
compliance with all applicable additional requirements of Municipal,
County, State and Federal Departments and Agencies concerned with
applicable regulations of public utility companies.
[R.O. 2008 §405.050; Ord. No. 381 Art. V, 11-9-1987]
A.
The subdivider shall submit six (6) black-line or blue-line prints, prepared by a Registered Missouri Land Surveyor, of the preliminary plan of the proposed subdivision. It shall accompany an application in writing with filing fee as required by Section 405.340 to the Planning Commission. The horizontal scale of the preliminary plan shall be one (1) inch equal to fifty (50) or one hundred (100) feet. The horizontal scale of the plans portion of the plans and profiles shall be one (1) inch equals twenty (20), forty (40), or fifty (50) feet. The vertical scale of the profile portion of the plans and profiles shall be one (1) inch equal to five (5), ten (10), or twenty (20) feet. All applications and plans shall be submitted to the Zoning Administrator of the City of Ironton.
B.
The preliminary plan shall show:
1.
The location of present property lines, streets, buildings,
watercourses, all sinkhole or potential sinkhole areas, three (3)
masses and other existing features within the area to be subdivided
and similar information regarding existing conditions of land immediately
adjacent thereto.
2.
The proposed location of streets (with their widths and names),
alleys, lots (with their numbers), building and setback lines and
easements within the tract and within one hundred (100) feet thereof.
3.
Existing sanitary and storm sewers, water mains, culverts, and
other underground structures within the tract or immediately adjacent
thereto. The location and size of the nearest water main and sewer
or outlet are to be indicated in a general way upon the plan.
4.
The title under which the proposed subdivision is to be recorded
and the name of the subdivider platting the tract, and the name and
registration number of the preparer.
5.
The names and adjoining boundaries of all adjoining subdivisions
and the names of recorded owners of any adjoining parcels of unsubdivided
land.
6.
Sufficient contour data to indicate the slope and drainage of
the tract and the elevation of the high and low points thereof. Contour
data shall extend one hundred (100) feet beyond the property limits
of the tract. In no case shall the contour intervals be more than
five (5) feet.
7.
North point, scale of drawings, and date of preparation.
8.
Plans and profiles of streets, sewer and water lines, or written
and signed statements regarding the grades and manner of construction
of proposed streets, sewer and water lines, and the width and type
of pavement, location, size and type of sanitary sewer and other sewage-disposal
facilities; water mains and other utilities, facilities for stormwater
drainage; and other proposed improvements such as sidewalks, planting
and parks. These plans or written statements for all proposed improvements
shall be certified by a professional engineer registered in the State
of Missouri.
9.
The layout of lots showing the approximate dimensions and numbers.
10.
All parcels of land proposed to be dedicated or reserved for
public schools, parks, playgrounds, or other public, semipublic, or
community purposes.
11.
A preliminary outline of all deed restrictions and covenants
that will be placed upon the subdivision.
12.
Zoning boundary lines, if any; proposed uses of property.
13.
If the developer intends to subdivide any portion of the parcel
into a multiple-dwelling-unit subdivision, then the preliminary plan
shall, in addition, include the following data:
C.
After the preliminary plan has been approved by the Planning Commission,
it shall be submitted to the City Board of Aldermen for its approval
or disapproval. Approval of the preliminary plan by the Board of Aldermen
does not constitute an acceptance or approval of the subdivision plat.
One (1) copy of the approved plan, signed by the Mayor, shall be retained
in the office of the City Clerk. One (1) signed copy will be given
to the subdivider.
[R.O. 2008 §405.060; Ord. No. 381 Art. VI, 11-9-1987]
A.
In addition to all of the standard requirements for a preliminary plan as indicated in Section 405.050 of this Chapter, the altered or additional requirements contained below will be required as a part of the final plat unless specifically waived by the Board of Aldermen upon the recommendation of the Planning Commission.
B.
Filing Procedure. For final plat approval, the subdivider
shall submit to the Zoning Administrator, City of Ironton:
1.
The final plat on reproducible positive and five (5) blue-print
or black-line copies of the final plat, together with copies of any
deed restrictions where such restrictions are too lengthy to be shown
on the plat.
2.
Six (6) certified copies of the improvement plans containing
all profiles and specifications, certified by a professional engineer
registered in the State of Missouri.
4.
A certificate from the Zoning Administrator that the final plat
is in accordance with the preliminary plan as approved by the Commission
and Board.
C.
The final plat shall be filed with the Recorder of Deeds, by the
City, within fifteen (15) days after approval by the Board of Aldermen.
D.
The final plat is to be drawn at a scale of not more than one hundred
(100) feet to the inch from an accurate survey and on one (1) or more
sheets whose maximum dimensions are eighteen (18) inches by twenty-four
(24) inches and shall have written on its face as its title, and show
the block, section, United States survey, or part thereof, it purports
to represent. In certain unusual instances where the subdivided area
is of unusual size or shape, the Administrative Officer may permit
a variation in the scale or size of the record plat. If more than
two (2) sheets are required, an index sheet of the same dimensions
shall be filed showing the entire subdivision on one (1) sheet and
the areas shown on the other sheets. The final plat shall show and
be accompanied by the following information:
1.
The boundary lines of the area being subdivided with accurate
distances and bearings.
2.
The lines of all proposed streets, their widths and names, and
the line of all alleys.
3.
The lines of all adjoining property and the lines of adjoining
streets and alleys with their widths and names.
4.
All lot lines together with an identification system for all
lots and blocks.
5.
The location of all building lines and easements provided for
public use, services or utilities.
6.
All dimensions, both linear and angular, necessary for locating
the boundaries of the subdivision, lots, streets, alleys, easements,
and any other area for public or private use. Linear dimensions are
to be given to at least the nearest one-tenth (1/10) of a foot.
7.
The radii, arc length, location of the curve, and central angle
for all curvilinear streets and radii for rounded corners.
8.
A detailed description of the location and physical nature of
all survey monuments and bench marks, indicating whether monuments
were existing or set, and the reference datum.
9.
The name of the subdivision, the scale of the plat, a North
arrow, and a statement as to the method used to determine north.
10.
The certificate of the surveyor attesting to the accuracy of
the survey and the correct location of all monuments shown.
11.
Private restrictions and their periods of existence. Should
these restrictions be of such length as to make their lettering on
the plat impracticable and thus necessitate the preparation of a separate
instrument, reference to such instrument shall be made on the plat.
12.
Notarized certification by the owner of the plat and restrictions,
including dedication to public use of all streets, alleys, parks or
other open spaces shown thereon and the granting of easements required.
13.
Spaces provided for signatures of approval by the Chairman of
the Planning and Zoning Commission, the Mayor, an attest by the City
Clerk, as well as spaces for bill and ordinance numbers accepting
the plat.
