[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.
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 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.
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 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.
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.
A street having one (1) end open to traffic and the other
end closed.
A natural watercourse of manmade indenture for the drainage
of surface water.
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.
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.
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.
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.
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,
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.
A street designated as a major street in the major street
plan for Bonne Terre, Missouri.
A street not designated as a major street in the major street
plan for Bonne Terre, Missouri.
Either or both of:
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 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.
The "final plan" consists of:
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".
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:
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.
Collector. Streets which provide for traffic
movement between arterial and local streets and provide direct access
to abutting property.
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.
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.
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.
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:
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 the Zoning Code of the City;
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.
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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 (5) year program or in the applicable
City street plan or program, the developer shall convey the necessary
right-of-way or post bond or escrow to ensure that the right-of-way
shall be provided when the road widening is started. The bond escrow
agreement need not provide a termination date.
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An insurance company qualified and acting under the provisions
of Chapter 379, RSMo., and which is approved by the City Attorney.
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.
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 the 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.
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]
A.Â
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.
B.Â
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.
C.Â
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 (â…”) of
the entire membership of the City Council.
D.Â
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.
E.Â
Excluded
from these regulations are:
1.Â
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;
2.Â
The division of land for cemetery usage;
3.Â
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;
4.Â
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.
F.Â
The
provisions of this Section shall be held to be the minimum requirements
necessary for land subdivision within the jurisdiction of the City.
