Specific
Definitions. As used in this Chapter, the following terms shall have
these prescribed meanings:
ALLEY
A public or private right-of-way designed to serve as primary
vehicular access to the side or rear of those properties whose principal
frontage is on some other street.
APPLICANT
The owner of land proposed to be subdivided or its representative
who shall have express written authority to act on behalf of the owner.
Consent shall be required from the legal owner of the premises. See
also "developer," "owner" and "subdivider."
BLOCK
A tract of land entirely surrounded by streets or by a combination
of streets and public rights-of-way or as otherwise determined by
the Planning and Zoning Commission or its authorized representative.
BOND
Any form of security, including a cash deposit, surety bond,
collateral, property or instrument of credit, in an amount and form
satisfactory to the Governing Body. All bonds shall be approved by
the Governing Body wherever a bond is required by these regulations.
BUILDING INSPECTOR
The person or persons authorized and empowered by the Board
of Aldermen to administer and enforce the permitting and inspecting
process within the City.
CASH IN LIEU OF LAND
Payment of money into fund earmarked by the City of Mount
Vernon to provide for acquisition of facilities off-site in place
of dedicating land or providing such facility on site.
CERTIFICATE OF OCCUPANCY
An official certification indicating that a use or building
(as built) conforms to the provisions of these regulations and may
be used or occupied.
CERTIFY
Whenever these regulations require that an agency or official
certify the existence of some fact or circumstance, the City of Mount
Vernon by administrative rule may require that such certification
be made in any manner, oral or written, which provides reasonable
assurance of the accuracy of the certification.
CITY
The City of Mount Vernon, Missouri.
CITY ENGINEER
The licensed engineer designated by the Governing Body to
furnish engineering assistance for the administration of these regulations.
COMMON OWNERSHIP
Ownership by the same person, corporation, firm, entity,
partnership or unincorporated association; or ownership by different
corporations, firms, partnerships, entities or unincorporated associations
in which a stockbroker, partner or associate or a member of his/her
family owns an interest in each corporation, firm, partnership, entity
or unincorporated association.
CONSTRUCTION DOCUMENTS
The maps or drawings showing the specific location and design
of improvements to be installed in a subdivision in accordance with
the requirements of the Planning and Zoning Commission as a condition
of the approval of the plat.
CUL-DE-SAC
A local street with only one (1) outlet that terminates in
a vehicular turnaround and having an appropriate terminal for the
safe and convenient reversal of traffic movement.
DEDICATION
The transfer of private to public or common ownership for
a public purpose. The transfer may be in fee simple title or less
than fee simple interest, including easements. Dedication requires
the acceptance of the interest to be complete.
DEVELOPER
The owner of land proposed to be subdivided or its representative
who is responsible for any undertaking that requires review and/or
approval under these regulations. See also "owner" and "subdivider."
EASEMENT
A permanent or temporary grant of right by a property owner
to the public, a corporation or other persons of the use of a portion
of a lot or tract of land for specified purposes where title to said
portion of the lot or tract of land remains with the landowner.
ESCROW
A deposit of cash with the local government or escrow agent
to secure the promise to perform some act.
ESCROW AGENT
A title company, bank, savings and loan association, trust
company, attorney or any other person or agency approved by the City
to act as an escrow agent.
FAIR MARKET VALUE
The fair market value of a designated unit at the time such
value is approved by the Governing Body.
FRONTAGE
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street.
GOVERNING BODY
The duly elected Mayor and Board of Aldermen of the City
of Mount Vernon.
IMPROVEMENT
Any roadway, drainage ditch, sidewalk, pedestrianway, parkway,
tree lawn, off-street parking area, lot improvement or other facility
for which the City of Mount Vernon may ultimately assume the responsibility
for maintenance and operation or which may affect an improvement for
which the City of Mount Vernon responsibility is established.
LOT
A tract, plot or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership or possession or for building development.
LOT SPLIT
The division of a single lot into not more than two (2) tracts,
per these regulations, without having to resubdivide said lot, providing
that the resulting lots shall not again be divided without replatting.
OFF-SITE
Any premises not located within the area of the property
to be subdivided, whether or not in the common ownership of the applicant
for subdivision approval.
OWNER
The record owners of the fee or a vendee in possession, including
any person, group of persons, firm or firms, corporation or corporations
or any other legal entity having legal title to or sufficient proprietary
interest in the land sought to be subdivided under the definition
of "same ownership."
PERSON
Any individual or group of individuals or any corporation,
general or limited partnership, joint venture, unincorporated association
or governmental or quasi-governmental entity.
PLAT, FINAL
A drawing of a permanent nature showing the precise location
and dimension of such features as streets, lots, easements and other
elements pertinent to transfer of ownership and prepared to be recorded
after approval by the Planning and Zoning Commission and including
any accompanying material as described in these regulations.
PLAT, PRELIMINARY
A drawing described in these regulations showing the proposed
general patterns of streets, lots and land uses within a tract to
be subdivided indicating the proposed manner or layout of the subdivision
to be submitted to the Planning and Zoning Commission for approval.
PLAT SKETCH
A sketch preparatory to the preliminary plat (or final plat
in the case of minor subdivisions) to enable the subdivider to save
time and expense in reaching general agreement with the Zoning Administrator
as to the form of the plat and the objectives of these regulations.
PLOT
One (1) or more contiguous parcels of land under single ownership
or control designated by its owner, at the time of filing an application
for a building permit, as a tract to be used, developed or built upon
as a unit. It may or may not coincide with the deed description thereof
or the boundaries of the same as shown on a map thereof filed for
record or otherwise and it may subsequently be subdivided into two
(2) or more plots, provided all such plots conform to all the regulations
of the district. The boundaries of any plot for which a building permit
or certificate of occupancy is requested shall be accurately drawn
on the application therefor.
PROPERTY OWNERS' ASSOCIATION
An association or organization, whether or not incorporated,
which operates under and pursuant to recorded covenants or deed restrictions,
through which each owner of a portion of a subdivision — be
it a lot, parcel site, unit plot, condominium or any other interest —
is automatically a member as a condition of ownership and each such
member is subject to a charge or assessment for a prorated share of
expense of the association which may become a lien against the lot,
parcel, unit, condominium or other interest of the member.
PUBLIC UTILITIES
Publicly owned or regulated utilities, including water, sewer,
telephone, gas and electric.
RESUBDIVISION
The act of amending or changing an approved final plat, including
any change in any street layout or other public improvement, any lot
line, the amount of land reserved for public use or the common use
of lot owners or any easements shown on the approved plat.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main or for another
special use. The usage of the term "right-of-way" for land platting
purposes shall mean that every right-of-way hereafter established
and shown on a final plat is to be separate and distinct from the
lots or parcels adjoining such right-of-way and are not included within
the dimensions or areas of such lots or parcels. Rights-of-way intended
for streets, crosswalks, water mains, sanitary sewers, storm drains
or any other use involving maintenance by a public agency shall be
dedicated to public use by the maker of the plat on which such right-of-way
is established.
SALE or LEASE
Any immediate or future transfer of ownership or any possessory
interest in land, including contract of sale, lease, devise or other
transfer of an interest in a subdivision or part thereof, whether
by metes and bounds or lot and block description.
SAME OWNERSHIP
Ownership by the same person, corporation, form, entity,
partnership or unincorporated association; or ownership by different
corporations, firms, partnerships, entities or unincorporated associations,
in which a stockholder, partner or associate or a member of his/her
family owns an interest in each corporation, firm, partnership, entity
or unincorporated association.
SANITARY SEWER SYSTEM
A totally enclosed system consisting of an underground collection
system and a treatment system so installed that when the treatment
is completed, the affluent discharge meets the standard of the jurisdictional
health agency.
SETBACK
The required minimum horizontal distance between the structure
line and the related front, side or rear property line.
STREET
A way set aside for vehicular traffic, regardless of size
or designation, but excluding private driveways serving only one (1)
parcel of land.
STREET, ARTERIAL
A street or highway designed or utilized primarily for high
vehicular speeds or for heavy volumes of traffic.
STREET, COLLECTOR
A street that carries or will carry intermediate volumes
of traffic from local streets to arterial streets.
STREET, DEAD-END
A street or a portion of a street with only one (1) vehicular-traffic
outlet. See also "cul-de-sac."
STREET, MARGINAL ACCESS
A street that is parallel to and adjacent to arterial streets
and highways and that serves to reduce the number of access points
to the arterial streets and thereby increase traffic safety.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, but not including fences or public
items such as utility poles, street light fixtures and street signs.
SUBDIVIDER
Any person who:
1.
Having an interest in land, causes
it, directly or indirectly, to be divided into a subdivision; or who
2.
Directly or indirectly, sells, leases
or develops or offers to sell, lease or develop or advertises for
sale, lease or development any interest, lot, parcel, site, unit or
plot in a subdivision; or who
3.
Engages directly or through an agent
in the business of selling, leasing, developing or offering for sale,
lease or development a subdivision or any interest, lot, parcel, site,
unit or plot in a subdivision; and who
4.
Is directly or indirectly controlled
by or under direct or indirect common control with any of the foregoing.
SUBDIVISION
Any land, vacant or improved, which is divided or proposed
to be divided into two (2) or more lots, parcels, sites, units, plots
or interests for the purposed of offer, sale, lease or development
either on the installment plan or upon any and all other plans, terms
and conditions, including resubdivision. Subdivision includes the
division or development of residential and non-residential zoned land,
whether by deed, metes and bound description, map, plat or other recorded
instrument.
SUBDIVISION IMPROVEMENT AGREEMENT
A contract entered into by the applicant and the Governing
Body by which the applicant promises to complete the required public
improvements, as specified within these regulations, within the subdivision
within a specified time period following final subdivision plat approval.
SUBDIVISION, MINOR
Any subdivision containing not more than five (5) lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities or the creation of any public improvements
and not adversely affecting the remainder of the parcel or adjoining
property and not in conflict with any provision or portion of the
Comprehensive Plan, Official Map, zoning regulations or these regulations.
SUBDIVISION REGULATIONS
The term "subdivision regulations" or "these regulations"
shall mean the requirements stipulated in this Chapter and shall mean
the lawfully adopted subdivision regulations of the City of Mount
Vernon.
SUBDIVISION, STAGED
Any subdivision within a drainage sub-basin in which public
sewer is projected to be developed in the future, but for which it
is not feasible to provide public sewer at the time of development
and meeting the requirements of these regulations.
TRACT
A lot. The term "tract" is used interchangeably with the
term "lot," particularly in the context or subdivision, where a tract
is subdivided into several lots, parcels, sites, plots, tracts or
interests. See also "lot" and "plot."
VESTED RIGHTS
Right to initiate or continue the establishment of a use
which will be contrary to a restriction or regulation coming into
effect prior to or following completion of the project associated
with the use.
ZONING ADMINISTRATOR
The person or persons authorized and empowered by the Board
of Aldermen to administer the requirements of these zoning regulations.