[Ord. No. 508 §1, 11-4-2002]
The following definitions shall apply in interpretation and enforcement of this Chapter, unless otherwise specifically stated:
ABUTS/ABUTTINGTo be separated by common property lines. This term implies a closer proximity than the term "adjacent".
ACCESSA place or means of entering and exiting from public right-of-way to private property.
ACCESSORY BUILDING OR STRUCTUREA subordinate building or structure having a use customarily incident to and located on the lot occupied by the main building. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.
ACCESSORY USEA use incidental and subordinate to the principal use of the premises.
ADJACENTLying near or close to; sometimes contiguous; neighboring.
ALLEYA minor private or public right-of-way shown on a plat, providing only secondary vehicular access to the rear or side of a lot, block or parcel of land otherwise abutting a street.
ALTERATIONAny addition, removal, extension or change in the location of an exterior wall of a main building or accessory building.
AREA, GROSSThe entire area within the boundary lines of a territory proposed for subdivision, including the area to be dedicated for street and public right-of-way.
AREA, NETThe entire area within the boundary lines of a territory proposed for subdivision, less the area to be dedicated for street and public right-of-way.
AS-BUILT PLANSConstruction plans revised to show a facility or structure as actually constructed and as it appears on the tract of land involved.
BENCHMARKA definite point of known elevation and location and more or less permanent character.
BLOCKAn area of land within a subdivision that is entirely bounded by streets, highways or rights-of-way, except alleys or between streets, highways, streams, parks, etc. or any other barrier or combination thereof, to the continuity of development.
BOARD OF ALDERMENThe official affected Board of Aldermen of the City of Foristell; the term may be abbreviated in this Chapter as the "Board".
BUILDINGAny structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The word "building" includes structures on wheels or other support used for business, storage or living purposes, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery or equipment.
BUILDING COVERAGEThe proportion of the lot area, expressed as a percent that is covered by the maximum horizontal cross-section of a building or buildings.
BUILDING HEIGHTThe vertical distance from the average ground level abutting a building or structure to the highest point of the roof of a building or highest point of any permanent part of a structure other than a building.
BUILDING LINE or SETBACK LINEA line parallel to a street right-of-way, shore of a lake, edge of a stream or other property line established on a parcel of land or lot for the purpose of prohibiting construction of a building or structure in the area between such building line and right-of-way, lake shore, stream bank or other property line.
BUILDING OFFICIALThe person designated by the City Administrator to administer all building permits and related construction items regardless of title, such as: Building Official, Building Inspector, Code Enforcement Officer, Building Commissioner, etc.
CERTIFICATE OF OCCUPANCYOfficial certification which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit.
CITYThe City of Foristell, Missouri.
CITY CLERKThe person appointed by the Board of Aldermen to serve as the City Clerk or his designate.
CITY ENGINEERAn official appointed by the Board of Aldermen as the City Engineer.
CITY PLANNERThe person designated by the City Administrator to work with the Board of Aldermen, Planning and Zoning Commission and Board of Adjustment on all development-related matters.
CLEARINGRemoval of trees and brush, which may include the disturbance of the root zone for the trees and brush being removed.
COMMON LANDThe 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 to trustees whose trust indenture shall provide that said common land be 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/her interest in the common land except as incident of the ownership of a regularly platted lot.
COMMISSIONThe Planning and Zoning Commission of the City.
COMPREHENSIVE PLANA comprehensive land use plan, made and adopted by the Planning and Zoning Commission and the Board of Aldermen, for the City of Foristell which through any combination of tests, charts and maps sets forth proposals for the general locations for various land uses, streets, parks, schools, public buildings, utilities and for the physical development of the City of Foristell.
CONDOMINIUMA multiple-family dwelling wherein each unit may be individually owned.
CUL-DE-SACA local street with only one (1) outlet and having an appropriate turnaround at the end for the safe and convenient reversal of traffic movement.
CURB LEVELThe mean level of the curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is the highest.
DEDICATIONIntentional transfer by the developer to the public of ownership of or an interest in land for a public purpose. Dedication may be effected by compliance with Statutes relating to dedication of land, by formal deed of conveyance, or by any other methods recognized by the laws of the State of Missouri.
DEEDA legal document which conveys real property.
DEED RESTRICTIONA form of restrictive covenant contained in a deed of conveyance.
DEVELOPERAny person, persons, corporation or governmental agency undertaking any development as defined in this Chapter. The term "developer" includes such commonly used references as owner, proprietor and subdivider.
DEVELOPMENTAny subdivision of land or any material change in the use or appearance of any parcel of land subject to provisions of this Chapter or the act of building structures and/or installing site improvements, construction, demolition, excavation, filling of land, grading or moving, locating or removing structures.
DEVELOPMENT AGREEMENTAn agreement between the City and a developer for the development of land in the City.
DISPLAY HOMEA dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision.
EASEMENTA right or privilege to use a portion of another property for a particular purpose.
ENGINEERA professional engineer registered in the State of Missouri.
ESCROW AGENTA title company, bank, savings and loan, association, trust company, attorney or other person, company or agency approved by the City Board of Aldermen to act as escrow agent under provisions of Article
V of this Chapter.
Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, uncovered, removed, displaced, relocated or bulldozed and shall include conditions resulting therefrom.
FILLAny act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom.
FLOODPLAINThat area of land adjoining the channel of a river, stream, watercourse, lake or similar body of water which will be inundated by flood which can be expected once every one hundred (100) years for that region as defined by the U.S. Corp of Engineers and required by the National Flood Insurance Act.
FRONTAGEThe length of the property abutting on one (1) side of a street measured along the dividing line between the property and the street right-of-way.
GRADEThe slope of a surface specified in percent and shown on a surface profile plan.
GRADINGExcavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
GRADING PLANThe grading plan is an accurate representation of the existing and final rough grading prior to construction of improvements and structures.
GREENBELT or BUFFER STRIPA strip of land located between incompatible land uses which is subject to private use restrictions or a negative easement or is dedicated to public use as open space for the purpose of protecting the built environment of a subdivision or to enhance a street right-of-way or both.
GRUBBINGRemoval of root systems and shallow organic matter in preparation for grading activities, except for the removal of roots of trees authorized by other permits, as appropriate.
IMPROVEMENTSAny structural material or physical change incident to servicing or furnishing facilities for a subdivision such as, but not limited to, grading, street pavement, curb and gutter, driveway approaches, sidewalks and pedestrian ways, water mains and lines, sanitary sewers, storm sewers, stormwater control, culverts, bridges, utilities, lakes, waterways, canals, permanent street monuments and other appurtenant construction; demolition of structures; planting and landscaping; or removal of trees and other vegetative cover.
INDUSTRIAL SUBDIVISIONA subdivision and development of land, as defined in this Chapter, in which the land is to be used for light manufacturing, general manufacturing or in a planned manufacturing district such as: trucking and/or railroad facilities, warehousing, industrial research and similar activities.
LIVING UNITThat portion of a building which is intended to be sold as part of plan anticipating individual ownership of that portion of a building, but not common ownership of the halls, etc., of the building, not intended for the abode of individuals, whether or not any land is owned in common as in the case of, but not limited to, condominiums.
LOTA measured portion of a tract of land, described and fixed in a record plat or in a plat proposed to be recorded, considered and intended as a unit for transfer of ownership or for development.
LOT AREAThe total horizontal surface area within the boundaries of a lot exclusive of any area designated for street purposes.
LOT, CORNERA lot abutting two (2) or more streets at their intersection.
LOT DEPTHThe mean horizontal distance from the front line to the rear line.
LOT, DOUBLE-FRONTAGEA lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot. Also known as "through lot".
LOT LINE, FRONTThe boundary between a lot and the street on which it fronts.
LOT LINE, REARThe boundary line or lines opposite and most distant from the front street line; except that in the case of uncertainty the Building Inspector shall determine the rear line.
LOT LINE, SIDEAny lot boundary line not a front or rear line thereof; a sideline may be a party lot line, a line bordering on an alley or place or a side street line.
LOT LINE WIDTHThe horizontal distance between side lot lines measured at the front building line.
LOT OF RECORDA lot which is part of a duly platted subdivision of the City as shown by the map of the subdivision filed of record in the office of the Recorder of Deeds of the County.
MATERIAL CHANGEIncludes, but is not limited to, any commencement of mining, excavation, grading or land clearance; deposit of refuse, waste or fill on land not already used for that purpose or permitted to be used for that purpose by the Zoning Code or which extends the height of any existing deposit above the level of land adjoining the site; alteration of a shore bank or floodplain of a river, stream or any lake, natural or artificial.
MOBILE HOME (MANUFACTURED HOME)A detached single-family dwelling unit in an approved mobile home park with all of the following characteristics:
1. Designed for long-term occupancy, containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems.
Designed to be transported after fabrication on its own wheels or on a flatbed.
Delivered to a site where it is to be occupied as a complete dwelling, ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports or permanent foundation, connection to utilities, etc.
Manufactured according to HUD regulations.
MODULAR HOMEA self-contained unit transported in one (1) or more sections to a site with a permanent foundation; built to City's current BOCA Code specifications.
NEGATIVE EASEMENTA grant by the developer to the public, a corporation or person(s) for use of a recorded strip of land for open space or other non-developed purposes.
NON-ACCESS RESERVATIONA parcel or tract of subdivision land withheld from development and subject to private use and access restrictions for the purpose of protecting the environment of a subdivision or to enhance a street right-of-way or to improve traffic flow on a principal street.
OFF-SITEAny premises not located within the area of the property to be subdivided or developed, whether or not in the same ownership of the applicant for subdivision approval or a building permit.
OPEN SPACELand dedicated or reserved for use by the general public or for use by residents of the subdivision or land held out of development and retained in its natural conditions, with or without public access. Open space includes, but is not limited to, parks, parkways, playgrounds, schools, sites, wildlife or plant life preserves and nature study areas.
PARCEL or TRACTA continuous area or acreage of land which can be divided or subdivided as provided for in the State of Missouri and by this Chapter.
PEDESTRIAN WAYA separate right-of-way dedicated to or reserved for public use by pedestrians which crosses blocks or other tracts of land to facilitate pedestrian access to adjacent streets and properties.
PLANNED UNIT DEVELOPMENTAn area with a minimum continuous coverage of five (5) acres which is to be developed as a single entity according to a plan and which is to contain one (1) or more residential, commercial, industrial or other land uses along with associated uses primarily for the benefit of the Planned Unit Development. A Planned Unit Development (PUD) may be planned, developed and regulated as a single land use unit.
PLANNING AND ZONING COMMISSIONThe officially appointed Planning and Zoning Commission of the City of Foristell; the term may be abbreviated in this Chapter as the "P & Z Comm.".
PLATA map, drawing or chart on which the subdivider's plan of the subdivision of land is presented and which he submits for approval and intends, in final form, to record.
PLAT, PRELIMINARYThe map(s), drawing(s) and/or chart(s) on which a developer's plan of subdivision and existing conditions are presented to the Planning and Zoning Commission which will submit its findings as to approval, conditional approval or disapproval to the Board of Aldermen and shall include the reasons for such action as part of their permanent record.
PLAT, RECORDA plat depicting a subdivision previously granted preliminary approval by the Planning and Zoning Commission, designating information set forth in this Chapter including exact survey location of lots or parcels, as well as bearing a seal of a professional engineer or surveyor registered in the State of Missouri.
PRIVATE STREET OR ROADWAYProperty in either platted or unplatted areas, which has been approved under the terms of this Chapter, used and open for private and public vehicular traffic but not dedicated, owned or maintained by the City of Foristell.
PUBLIC IMPROVEMENTAny facility for which the local government or utility may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which local government or utilities responsibility is established.
PUBLIC STREET OR ROADWAYProperty in either platted or unplatted areas, which has been approved under the terms of this Chapter, used and open for public vehicular traffic that has been dedicated and is owned and maintained by the City of Foristell.
PUBLIC USEPublic parks, playgrounds, recreational areas, designated scenic or historic sites; school sites or sites for other public buildings; and other areas dedicated to public use or enjoyment.
PUBLIC USE, QUASIAny use which is essentially public as in services rendered, although it is under private ownership or control.
PUBLIC UTILITYA business or service, having an appropriate franchise from the City/State and engaged in regularly supplying the public with some commodity or service which is of public consequence and need such as electricity, gas, water, etc.
REPLATThe process of changing, or the major plat which changes, the boundaries of a recorded subdivision plat or portion thereof.
RESTRICTIVE COVENANTA restriction on the use of land, normally among private participants, contained in the deed to the property or otherwise formally recorded.
REVERSE FRONTAGEWhen a subdivision lot occurs between two (2) non-intersecting streets, one (1) of which is a parkway, thoroughfare or collector and the other is a minor residential street, the lot will front on the minor residential street and a non-access reservation will be provided buffering the rear of the lot from the traffic artery.
RIGHT-OF-WAYThe land opened, reserved or dedicated for a street, sewer, water, walk, drainage course or other public purpose.
ROAD BEDThe entire improved portion of the street, including shoulder, parking lanes, travel ways, curbs and gutters, which lie between the right-of-way lines.
SETBACKThe required distance between every structure and the lot line of the lot on which it is located.
SIDEWALKA structure, including necessary guardrail and steps, placed within the right-of-way of existing streets or connecting buildings, parking lots, public use area or other facilities having access to the street right-of-way for the purpose of providing safe pedestrian movement constructed according to City standards.
SITEContiguous lots, tracts, projects or subdivisions of a single owner or owners.
SITE IMPROVEMENT PLANSThe engineering drawings showing types of materials and construction details for physical structures and facilities, excluding dwelling units to be installed in conjunction with development of a subdivision.
SKETCH PLATA sketch preparatory to the preliminary plat (or a record plat, in the case of a minor subdivision). A sketch plat allows City staff an early opportunity to determine if the project complies with Statutes, zoning and subdivision ordinances and the City's Comprehensive Plan. A sketch plat should be drawn to scale but may be hand drawn. It should identify areas of the site to be used for drainage purposes, open space, common community space, proposed street layout and areas for the various residential, commercial or industrial uses.
STREETA general term denoting a public or private thoroughfare which affords the principal means of access to abutting property. The term includes all facilities which normally are found within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place or court or other such terms but shall not include an alley or pedestrian way.
STREET, COLLECTORCollector streets gather traffic from local streets and carry it to arterial streets where such traffic can then proceed to its destination. Collectors should be planned in such a manner that they clearly provide a collector service for a neighborhood or development unit but inhibit through traffic movement between neighborhoods or adjacent development units. Minimum rights-of-way should be sixty (60) feet and pavement width should be thirty-six (36) feet.
STREETS, ACCESSA private thoroughfare or driveway which affords a means of access to parking areas and bays and to abutting buildings and is less than four hundred (400) feet in length.
STREETS, SECONDARY ARTERIALSArterials are facilities designed to collect and distribute traffic in a manner similar to the principal arterial, except that the traffic generators served are of smaller nature than those served by principal arterials. Secondary arterials provide service to specific traffic destinations and easy movement from one neighborhood area to another within the same part of the metropolitan area. Secondary arterial streets, like principal arterials, should not provide direct access to residential lots and should have the same standards as principal arterials regarding access to commercial developments. Minimum rights-of-way should be eighty (80) feet and a minimum pavement width of forty-four (44) feet.
STREETS, FREEWAYSFreeways are divided, limited access facilities which have full control of access and have no traffic crossings or intersections at grade. Designed solely for the purpose of moving high-speed traffic, the freeway is not intended to provide access or service to abutting properties. Rights-of-way vary in width but generally are greater than two hundred (200) feet. Pavement widths should be at least forty-eight (48) feet (four (4) twelve (12) foot lanes) or greater with access limited to intervals established by the Highway Department. Median widths must be approved by the State Highway Department.
STREETS, INDUSTRIALIndustrial streets are intended to serve industrial properties and carry heavy volumes of truck traffic. Minimum right-of-way should be sixty (60) feet; minimum pavement width should be thirty-six (36) feet to allow two (2) moving lanes of eighteen (18) feet width.
STREETS, MINOR RESIDENTIALMinor residential streets are intended to serve individual properties which abut the street. They should be designed for slow speed circulation within the immediate neighborhood and to discourage through traffic by intersecting with arterial streets only when absolutely necessary. Minimum rights-of-way should be fifty (50) feet; minimum pavement width should be not less than twenty-six (26) feet or twenty-four (24) feet in case of large lot residential streets. Additional rights-of-way and pavement widths may be necessary for local residential streets in the vicinity of schools, churches or other high volume traffic generating areas. Also known as local streets.
STREETS, PARKWAYSParkways are a special form of transportation facility performing the dual function of aesthetics and movement of traffic. In addition, parkways, while considered to be scenic drives or urban greenbelts, also experience traffic volumes similar to those of primary and secondary arterials and as a matter of necessity should prohibit direct access to adjacent residential lots. The alignment of parkways should correlate with that of natural watercourses in an effort to preserve efficient natural stormwater drainage and aid in prevention of potential flooding problems. It is recommended that the minimum right-of-way for parkways be one hundred (100) feet in width. Parkways where bicycle paths and jogging trails are included require one hundred twenty (120) feet right-of-way or more. A minimum pavement width of twenty-eight (28) feet from back of curbs should be provided for each pavement section so as to provide two (2) moving traffic lanes in each direction.
STREETS, PRINCIPAL ARTERIALSThese are the major traffic facilities in urban areas. They are intended to move traffic through the Foristell area with a minimum amount of delay. Minimum rights-of-way should be one hundred (100) feet and minimum pavement widths should be forty-eight (48) feet or sixty-four (64) feet when constructed with a sixteen (16) foot center median. Because principal arterials are designed to move traffic, they should provide no driveway access to adjacent residential land uses. Residential lots should back or side onto arterial streets. Commercial land uses may be provided access to arterial streets but only when access to local or collector streets cannot be obtained. Additional access standards for principal arterial streets provide for a maximum of seven (7) street cuts per mile at a minimum interval of five hundred (500) feet.
STRUCTUREAny object or assembly of materials constructed or installed on, above or below the surface of a parcel and includes, but is not limited to, any combination of materials, whether portable or fixed, having a roof to form a building for occupancy by persons, animals or property; anything attached to a building; any pole, pipeline or other part of a distribution system whether located on, above or below the surface of a parcel. A structure is any improvement, as defined in this Chapter, other than a material change as defined in this Chapter.
SUBDIVIDERA person undertaking the subdivision or resubdivision of a tract or parcel of land for the purpose of laying out a platted addition or subdivision of land. See "DEVELOPER".
SUBDIVISIONThe partitioning of a parcel or tract of land by an owner or developer into two (2) or more lots of any size for the purpose of sale, lease or development, whether immediate or future; included are all changes in street lines, dedication or platting of streets and changes in lot lines.
SUBGRADEThat portion of a roadbed on which a compacted base course is to be constructed or a road surface placed.
SURETY BONDA bond approved by the Board of Aldermen posted with a surety company to guarantee a developer's performance of subdivision improvements in accordance with this Chapter.
SURETY COMPANYA surety, title or insurance company approved by the Board of Aldermen to act as surety under this Chapter.
SURVEYORA professional land surveyor registered in the State of Missouri.
TEMPORARY OCCUPANCYA permit to occupy a development, prior to site improvements being completed, issued by the Board of Aldermen.
TRANSITIONA strip of land located between incompatible land uses which is subject to private use restrictions or a negative easement or is dedicated to public uses as open space for the purpose of protecting the environment of a development or to enhance a street right-of-way or both.
YARDAn open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used. Where lots abut a street, all yards abutting said street shall be measured from the street right-of-way.
YARD, FRONTA yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD, SIDEA yard between the main building and the adjacent side line of the lot and extending entirely from the front yard to the rear yard.
YARD, REARA yard between the rear lot line and the rear line of the main building and the side lot lines.
ZERO LOT LINE DWELLING UNITA development approach in which a building is sited on one (1) or more lot lines with no yard on the zero lot line side in order to increase the amount of usable open space on the remaining area of the lot. Zero lot line dwellings are designed with no windows facing the zero lot line side and are internally oriented to an enclosed, private courtyard or patio. Typically, a zero lot line unit is a one-story L-shaped single-family house designed as a two (2), three (3) or four (4) bedroom unit on lots eighty (80) to one hundred (100) feet deep by forty (40), fifty (50) or sixty (60) feet wide, at density of five (5) to seven (7) families per gross acre. The zero lot line unit is usually designed in group or cluster arrangements and the land saved from conventional size house lots are used as common open space for recreation or to preserve natural features of the site.