[CC 2001 §16.04.010; Ord. No. Z-3-90F §1, 9-11-1997; Attachment §405.010, 9-11-1997]
This Chapter is to provide for the harmonious development of Bonne Terre, for the coordination of streets within subdivisions with other existing or planned streets or with other features of the Comprehensive Plan of Bonne Terre; for adequate open spaces for traffic, recreation, light and air; and for the distribution of population and traffic which will tend to create conditions favorable to health, safety and general welfare of the community.
[CC 2001 §16.04.020; Ord. No. Z-3-90F §1, 9-11-1997; Attachment §405.020, 9-11-1997]
For the purposes of this Chapter, certain words and terms are herein defined; the singular includes the plural and the plural includes the singular; the word "shall" is mandatory and not directory.
- A permanent public serviceway, 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 aside of abutting properties and not intended for general traffic circulation.
- AREA, BUILDING
- 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.
- AREA, NET SITE
- The total area within the property lines of the site, less the area of any street right-of-way.
- BARRIER (NATURAL OR ARTIFICIAL)
- Any street, highway, river, pond, canal, railroad, levee embankment, berm, stream or drainage ditch or screening by fence or hedge.
- BENCH MARK
- A definite point of known elevation, location and of more or less permanent character generally indicated on U.S.G.S. 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.
- BUILDING LINE/BUILDING SETBACK LINE
- 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.
- COMMON LAND
- 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 the common land is used for the sole benefit, use and enjoyment of the lot owners present and future. No lot owner shall have the right to convey his or her interest in the common land except as incident to the ownership of regularly platted lot.
- COMPREHENSIVE PLAN
- The Comprehensive Plan of the City of Bonne Terre, Missouri, whether whole or in part, made and adopted by the Planning and Zoning Commission in accordance with the authority conferred by Chapter 89, RSMo.
- A short, local street having one (1) end open to traffic and the other end permanently terminated by a vehicular turnaround.
- DEAD-END STREET
- A street having one (1) end open to traffic and the other end closed.
- DRAINAGE CHANNEL
- A natural watercourse of manmade indenture for the drainage of surface water.
- DRAINAGE RIGHT-OF-WAY
- The land required for the installation of storm sewers or drainage ditched 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 for the use, for a specific purpose or purposes, of a strip of land by the general public, utility companies or private individuals.
- ESCROW AGENT
- 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 title.
- 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 floodwaters.
- FLOOD-PRONE AREAS
- 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.
- IMPROVEMENT PLANS
- 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 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 way, 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 or any areas which may subsequently come under the jurisdiction of the 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 by a building or group of buildings and accessory buildings, together with such yards and lot areas as required by this Title and having its principal frontage upon a street, road or place approved by the Commission.
- LOT AREA
- The total horizontal area within the boundaries of a lot exclusive of any land designated for rights-of-way for street or roadway purposes.
- LOT, CORNER
- A lot abutting upon two (2) or more streets or road rights-of-way at their intersection.
- LOT DEPTH
- The horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.
- LOT, DOUBLE FRONTAGE
- A lot which runs through a block, from street to street, which has two (2) non-intersecting sides abutting on two (2) or more streets.
- LOT LINES
- The boundaries of a lot.
- LOT WIDTH
- 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.
- MAJOR STREET
- A street designated as a major street in the major street plan for Bonne Terre, Missouri.
- MINOR STREET
- A street not designated as a major street in the major street plan for Bonne Terre, Missouri.
- NON-RESIDENTIAL SUBDIVISION
- Either or both of:
- OPEN SPACE, PUBLIC
- 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.
- PARKING BAY
- An area, either on an individual lot or any other portion of a subdivision, which is reserved for vehicular parking.
- PARKING LANE
- 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.
- PEDESTRIAN WAY
- An easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets, roadways and properties.
- PERFORMANCE GUARANTEE
- 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.
- PLAN, FINAL
- The "final plan" consists of:
- PLAN, PRELIMINARY
- 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.
- PLAT, FINAL
- 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.
- PUBLIC SERVICE COMMISSION
- 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.
- SETBACK LINE
- See "BUILDING LINE/BUILDING SETBACK LINE".
- 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 Title, streets shall be classified as follows:
- 1. Arterial. This 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.
- 2. Collector. Streets which provide for traffic movement between arterial and local streets and provide direct access to abutting property.
- 3. Local. The sole function of a local street is to provide access to immediately adjacent property. A cul-de-sac is classified as a local street.
- 4. Marginal access street/service road. A local street parallel and adjacent to arterial, 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 subdivide 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.
- SUBDIVISION, MAJOR
- The division of a tract of land into three (3) or more lots, tracts, sites, parcels or areas any one (1) 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 of 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 resubdivision of land lots.
- SUBDIVISION, MINOR
- 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 the adoption of this Title, provided that the proposed subdivision of land:
- 1. Does not include any new street, easements, rights-of-way, rights of ingress or egress (except an approved sewer and water system);
- 2. Does not include a provision for a public area or public facility;
- 3. Conforms to the setback line requirements and other requirements contained in the Zoning Code of the City;
- 4. 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.
- SURETY COMPANY
- An insurance company qualified and acting under the provisions of Chapter 379, RSMo., and which is approved by the City Attorney.
- TITLE COMPANY
- A corporation 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 Title.
- United States Geological Survey (U.S.G.S.).
- 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.
- ZONING CODE
- 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 (specifically Chapter 405 "Zoning Code" of this Title).
[CC 2001 §16.08.010; Ord. No. Z-3-90F §1, 9-11-1997; Attachment §405.030(A), 9-11-1997]
No lot, parcel or tract of land within any subdivision shall be offered for sale, contract for sale or option be given until the subdivision plans have been officially approved by the Planning and Zoning Commission and City Council and recorded in the office of the County Recorder.
No improvements shall be made within any subdivision by any owner or owners or his, her or their agent or by any public service corporation at the request of the owner or owners or by his, her or their agent, until the plans thereof have been officially approved by the Planning and Zoning Commission and City Council.
The City 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 City Council or on a street shown on a subdivision plat approved by the City Council or on a street plan made by and adopted by the Planning and Zoning Commission. The City Council may locate and construct or may accept any other street if the ordinance or other measure for the location and construction for the acceptance is first submitted to the Planning and Zoning 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 (⅔) of the entire membership of the City Council.
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 or she shall, at the time of submission of the first (1st) 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 on parts as submitted from time to time. In the event of disapproval of the overall plan or any part or parts thereof, the Planning and Zoning Commission shall act in accordance with this Title and the reason for refusal of any plan or part thereof shall be written upon the records of the Planning and Zoning Commission stating the specific regulation or regulations of non-conformance.
Excluded from these regulations are:
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 Planning and Zoning Commission;
The division of land for cemetery usage;
The division of land and distribution of land held by a bona fide partnership in existence for two (2) or more years upon dissolution thereof;
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 (1) 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 the Zoning Code. The exchange of such land will be certified by the Planning and Zoning Commission.
The provisions of this Section shall be held to be the minimum requirements necessary for land subdivision within the jurisdiction of the City.