[R.O. 1997 § 405.010; Ord. No.
967 Art. 1, 5-18-1965]
A.
Title. This Chapter shall be known, referred to and cited as the
"Land Subdivision Code of the City of Kennett, Missouri."
B.
Purpose. This Chapter is to provide for the harmonious development
of Kennett; for the coordination of streets within subdivisions with
other existing or planned streets or with other features of the Comprehensive
Plan of Kennett; for adequate open spaces for traffic, recreation,
light and air; and for a distribution of population and traffic which
will tend to create conditions favorable to health, safety, convenience
and prosperity.
[R.O. 1997 § 405.020; Ord. No.
967 Art. II § 1, 5-18-1965; Ord. No. 1748 § I, 8-15-1978; Ord. No. 2103 § 1, 5-1-1990]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
The minimum distance that a building must be set back from
the lot line or boundary.
A plan or plans adopted by the Commission and deposited with
the Clerk of the City of Kennett, showing the plan of development
of major streets, schools, parks, open spaces, public grounds and
similar facilities within the corporate limits of the City of Kennett.
The Planning and Zoning Commission of the City of Kennett,
Missouri.
The City Council of the City of Kennett, Missouri.
A portion of a subdivision intended for transfer of ownership
or for building development for a single building and its accessory
buildings.
A lot or parcel of land, the deed to which has been recorded
in the office of the Recorder of Deeds of Dunklin County, prior to
the adoption of this Chapter (May 18, 1965), or prior to the land's
annexation by the City of Kennett, whichever is later.
A street designated as a major street in the Major Street
Plan for Kennett, Missouri.
A street not designated as a major or secondary street in
the Major Street Plan of Kennett, Missouri.
A map, chart, or drawing, to scale, of a tract or parcel
of land to be subdivided showing the information as required elsewhere
in this Chapter and shall include the terms "plan," "plot," "replat,"
or "replot."
A street designated as a secondary street in the Major Street
Plan of Kennett, Missouri.
All property dedicated or intended for public or private
street, highway, freeway, or roadway purposes.
The division of land into two (2) or more tracts, sites,
or parcels and/or the dedication or establishment of a public or private
street, highway, road, freeway or roadway and shall be recorded by
plat in conformance with the requirements of this Chapter.
[R.O. 1997 § 405.030; Ord. No.
967 Art. II § 2, 5-18-1965]
Any owner or proprietor of any tract of land who subdivides
that tract of land in violation of any of the provisions of this Chapter
shall be guilty of an ordinance violation and, upon conviction thereof,
shall be fined not less than one dollar ($1.00) or more than one hundred
dollars ($100.00).
[R.O. 1997 § 405.040; Ord. No.
967 Art. II § 3, 5-18-1965]
No owner, or agent of the owner, of any land located within
the City of Kennett, knowingly or with intent to defraud, may transfer,
sell, agree to sell, or negotiate to sell that land by reference to
or by other use of a plat of any purported subdivision of the land
before the plat has been approved by the Council and recorded in the
office of the Recorder of Deeds of Dunklin County unless the owner
or agent shall disclose, in writing, that such plat has not been approved
by the Council and the sale is contingent upon the approval of such
plat by the Council. Any person violating the provisions of this Section
shall forfeit and pay to the City of Kennett a penalty not to exceed
three hundred dollars ($300.00) for each lot transferred or sold or
agreed or negotiated to be sold; and the description by metes and
bounds in the instrument of transfer or other document used in the
process of selling or transferring shall not exempt the transaction
from this penalty. The City of Kennett may enjoin or vacate the transfer
or sale or agreement by legal action, and may recover the penalty
in such action.
[R.O. 1997 § 405.050; Ord. No.
967 Art. II § 4, 5-18-1965; Ord. No. 2331 § 1 (A), 6-15-1993]
The provisions of this Chapter requiring preparation and submission of a subdivision plat shall not apply to a lot of record recorded in the office of the Recorder of Deeds of Dunklin County. Transfer of ownership shall not be construed to include the giving of a lease, mortgage or deed of trust under this Section or Section 405.040.
[R.O. 1997 § 405.060; Ord. No.
1748 § I, 8-15-1978]
A.
The following divisions of land are exempted from the requirements
of recording by plat but, prior to the sale or transfer of property,
a survey shall be prepared by a registered land surveyor of the property
being conveyed, and presented to the Commission, and a certification
shall be granted by the Commission, which certification shall be set
out in the minutes of the Commission and the reasons for its approval:
1.
The sale or transfer of land of two (2) acres or more not creating
any additional building sites or lots, and not involving any new street
or easement of access at the time of such sale or transfer; provided,
however, that if any additional building sites or lots are created,
or if any new street or streets or easements of access are dedicated
or established which are a part of the property transferred at a later
time, all of the provisions of this Chapter shall apply to all of
the property at such later time.
2.
The sale or transfer to or between adjoining property owners,
of small parcels of land having less area or frontage than required
for lots in the zoning district wherein such parcels are located,
where such sale or transfer does not create additional lots nor where
the lots involved are in no way reduced to less than the area and
size required by any zoning regulations affecting the property.
