[R.O. 2008 § 405.020; Ord. No. 6496, 9-13-2018]
A.
Rules Of Construction. For the purposes
of this Chapter, rules of construction applying to the text, as follows:
1.
Words used in the present tense include
the future tense, and the singular includes the plural, unless the
context clearly indicates the contrary.
2.
The term "shall" is always mandatory
and not discretionary; the word "may" or "should" is permissive.
3.
Words or terms not interpreted or
defined by this Article shall be used with a meaning of common or
standard utilization.
[R.O. 2008 § 405.030; Ord. No. 6496, 9-13-2018]
Definitions. The following definitions
shall apply in interpretation and enforcement of this Chapter, unless
otherwise specifically stated:
To be separated by common property lines or an alley. This
term implies a closer proximity than the term "adjacent."
A place or means of entering and exiting from a public right-of-way
to private property.
An easement which grants the right to cross property.
A 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.
A use incidental and subordinate to the principal use of
the premises.
A private right-of-way that provides secondary vehicular
access to the rear or side of a lot, block or parcel of land otherwise
abutting a street.
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
The entire area within the boundary lines of a territory
proposed for a subdivision, including the area to be dedicated for
street and alley right-of-way and public use.
The entire area within the boundary lines of a territory
proposed for subdivision, less the area to be dedicated for street
and alley right-of-way and public use.
Construction plans revised to show a facility or structure
as actually constructed and as it appears on the tract of land involved.
The City of O'Fallon, Missouri, and specifically the employees
designated by the City Administrator.
A definite point of known elevation and location and more
or less permanent character.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
An 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.
See "greenbelt or buffer strip."
That person, firm, or corporation by whom a building or buildings
will be constructed on a development pursuant to the requirements
of these regulations. A developer may also be a builder.
Any 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, but not including any vehicle, trailer (with
or without wheels) nor any movable device, such as furniture, machinery
or equipment.
The proportion of the lot area, expressed as a percent that
is covered by the maximum horizontal cross section of a building or
buildings.
The 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.
A line parallel to a street right-of-way line, 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,
lakeshore, streambank or other property line.
The Building Official for the City of O'Fallon, Missouri.
The name by which the plat is legally and commonly known.
Official 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.
The City of O'Fallon, Missouri.
The person designated by the City Council to sign the record
plat signifying approval by the City Council.
The officially elected City Council of the City of O'Fallon;
the term may be abbreviated in this Chapter as the "Council."
The officially appointed Engineer of the City of O'Fallon.
The person designated by the City Council to work with the
City Council, Planning and Zoning Commission and Board of Adjustment
on all development-related matters.
The officially appointed Planning and Zoning Commission of
the City of O'Fallon; the term may be abbreviated in this Chapter
as the "Commission."
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Removal of vegetation as part of the development by the removal
of existing trees, shrubs and other indigenous vegetation, excluding
grass, weeds, root balls or any disruption to the existing soil.
[Ord. No. 7056, 10-26-2023]
All portions of a condominium property except the units.
That land set aside for open space, recreational or other
common use by the owners of the lots in a subdivision and which is
owned by trustees 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 ground except as an incident of the
ownership of a platted lot.
A comprehensive land use plan made and adopted by the City
Planning and Zoning Commission and City Council for the City of O'Fallon
which, through any combination of tests, charts and maps, sets forth
proposals for general locations for various land uses, streets, parks,
schools, public buildings, utilities and for the physical development
of O'Fallon.
A form of ownership pursuant to the provisions of Chapter
448, RSMo., in which individuals own the interior space of separate
units, but together through an owner's association share ownership
of all common elements and common ground appurtenant to the units.
Activities subject to National Pollutant Discharge Elimination
System (NPDES) construction permits issued by MDNR. These include
construction projects resulting in land disturbance of one (1) acre
or more. Such activities include, but are not limited to, clearing
and grubbing, grading, excavating and demolition.
The 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.
A local street with only one (1) outlet and having an appropriate
turnaround at the end for the safe and convenient reversal of traffic
movement.
The 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.
Intentional 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 method recognized by
the laws of the State of Missouri. Acceptance by the City of maintenance
responsibilities will be an action by the City Council separate from
the dedication.
A legal document which conveys real property.
A form of covenant contained in a deed of conveyance.
Any detention facility controlling stormwater discharge from
a site wholly owned/maintained and controlled by a property owner.
Also, all facilities incorporating detention/retention storage of
stormwater in or on any of the following:
Roofs of buildings or structures
also used for other purposes.
Paved or surfaced areas also used
for other purposes.
Enclosed underground pipes or structures
on private property when the surface is used for other purposes.
Depressed or open grassy areas also
used for water quality or stormwater storage purposes.
That person, firm or corporation by whom a tract will be
subdivided and improved pursuant to the requirements of these regulations.
Any subdivision of land as herein defined 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.
The Director of Planning and Development for the City of
O'Fallon, Missouri.
A dwelling unit used initially for display purposes which
typifies the type of units that will be constructed in the subdivision.
The part of the tributary area for which a detention facility
is designed to control peak discharge rates.
Any activity, including subdivision, that alters the surface
of the land to create additional impervious surfaces, including, but
not limited to, pavement, buildings and structures except:
Additions to, improvements and repair
of existing single-family and duplex dwellings.
Construction of any buildings, structures
and/or appurtenant service roads, drives and walks on a site having
previously provided stormwater control as part of a larger unit of
development consistent with the original development plan.
Remodeling, repair, replacement and
improvement to any existing structure or facility and appurtenances
that does not increase the impervious area on the site in excess of
ten percent (10%) or add one (1) acre of impervious area.
Construction of any one (1) new single-family
or duplex dwelling unit, irrespective of the site area on which the
same may be situated.
A right or privilege to use a portion of another's property
for a particular purpose.
A device or devices used to discharge water under conditions
of inflow that exceed the design inflow. The emergency spillway functions
primarily to prevent damage to the detention facility that would permit
the sudden release of impounded water. It shall be designed to handle
the runoff from the 100-year storm.
Abbreviation for Eastern Missouri Pavement Consortium.
A professional engineer registered in the State of Missouri.
The removal or recovery of soil, rock, minerals, sand, gravel
or other similar earthen materials from water or land, on or beneath
the land surface, whether exposed or submerged.
The depositing or dumping of earthen material on or into
the ground resulting in the raising of the grade at that location.
The area of land adjoining the channel of a river, stream,
watercourse, lake or similar body of water which has a one-percent
chance to be inundated by a flood in any given year as defined by
FEMA.
The difference in elevation between the top of a structure
such as a dam or open channel and the maximum design water surface
elevation or high-water mark and is an allowance against overtopping
by waves or other transient disturbances or the difference between
the base flood elevation (BFE) and the lowest floor elevation of any
structure.
The 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.
The slope of a surface specified in percent and shown on
a surface profile plan as required herein.
An activity requiring a permit that alters the natural or
existing grade, including excavating, grubbing, filling, stockpiling,
stripping, quarrying or any combination thereof.
The development plan that must be reviewed and approved by
the City Engineer and/or his/her designee prior to the grading of
fifty (50) or more cubic yards of any site within the City.
A 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.
The removal or destruction of plant root systems by mechanical,
chemical or other means. This activity requires a grading permit.
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
A pipeline:
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 405.245(G)(1) of this Chapter.
Either of the following:
Any drain or conveyance, whether
on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system, including, but not limited to, any conveyances
which allow any non-stormwater discharge, including sewage, process
wastewater and chlorinated water discharged from swimming pools, to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted or approved by
an authorized enforcement agency; or
Any drain or conveyance connected
from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps or equivalent records
and approved by an authorized enforcement agency.
The engineering plans showing types of materials and construction
details for the physical structures and facilities to be installed
both in, or in conjunction with, the proposed subdivision.
Any structural, material or physical change incident to servicing
or furnishing facilities for a subdivision such as, but not limited
to, grading, street pavements, curb and gutter, driveway approaches,
sidewalks and pedestrianways, water mains and lines, sanitary sewers,
storm sewers, 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.
Activities subject to National Pollutant Discharge Elimination
System (NPDES) industrial permits as defined in 40 CFR 122.26(b)(14).
A subdivision and development of land, as defined in this
Article, in which the land is to be used for medium or light manufacturing
plants, trucking and/or railroad facilities, warehousing, industrial
research and similar activities.
Includes an area that begins twenty-five (25) feet of either
side of any hazardous pipeline and extends to fifty (50) feet from
either side of any hazardous pipeline.
A measured portion of a tract of land, described and fixed
in a recorded plat or in a plat proposed to be recorded, considered
and intended as a unit for transfer of ownership or for development.
The total horizontal surface area within the boundaries of
a lot exclusive of any area designated for street purposes.
The mean horizontal distance from the front lot line to the
rear line.
The horizontal distance between side lot lines, measured
at the front building line.
The boundary between a lot and the street on which it fronts.
The 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.
Any lot boundary line not a front or rear line thereof; a
side line may be a party lot line, a line bordering on an alley or
place or a side street line.
A lot abutting two (2) or more streets at their intersection.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot. Also known as a "through lot."
A lot whose side lines do not abut upon any street.
The Manager of Building and Code Enforcement for the City
of O'Fallon, Missouri.
Includes, 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.
Abbreviation for Metropolitan St. Louis Sewer District.
The system of facilities designed or used for collecting
and/or conveying stormwater, including, but not limited to, roads
with drainage systems, municipal streets, catch basins, curbs, gutters,
inlets, ditches, storm drains, swales, sidewalks, and natural or man-made
drainage channels, owned and operated by the City and which is not
used for the collecting or conveying of sewage.
A permit issued by the Federal Environmental Protection Agency
[or by a State under authority delegated pursuant to 33 U.S.C. § 1342(b)]
that authorizes the discharge of pollutants to waters of the United
States, whether the permit is applicable on an individual, group or
general area-wide basis.
A 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.
A 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.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any 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.
Land 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,
school sites, wildlife or plant life preserves and nature study areas.
A continuous area or acreage of land which can be divided
or subdivided as provided for in the State of Missouri and by this
Chapter.
Abbreviation for an electronic file format known as "portable
document format."
A 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.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
An 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 PUD may be planned, developed and
regulated as a single land use unit.
A map or chart of a tract of land or a subdivision of land.
The 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 City Council and shall
include the reasons for such action as part of its permanent record.
A plat depicting a subdivision previously granted preliminary
approval by the Planning and Zoning Commission, designating information
set forth in this Chapter, designating exact survey location of lots
or parcels, as well as bearing the seal of a professional engineer
or surveyor registered in the State of Missouri.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes and solvents;
oil and other automotive fluids; non-hazardous liquid and solid wastes
and yard wastes; silt, refuse, rubbish, garbage, litter or other discarded
or abandoned objects and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; and noxious
or offensive matter of any kind.
Any building, lot, parcel or land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
A device such as an inlet, pipe, weir, (structural or non-structural)
opening in a berm, etc., discharging water during operation of the
facility.
Property 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 O'Fallon.
Any detention facility controlling discharge from a tributary
area owned by more than one (1) owner. This is treated the same as
defined in "private detention facility" above.
Any 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 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.
Any use which is essentially public, as in services rendered,
although it is under private ownership or control.
A 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.
The removal, excavation or processing of stone, rock, sand,
gravel or other earthen material by method of blasting, crushing or
excavation equipment.
An empirical formula for calculating peak rates of runoff
resulting from rainfall.
The action or process of developing an already-developed
property again or differently, where new development is replacing
older development.
[Ord. No. 7056, 10-26-2023]
The process of changing, or the map or plat which changes,
the boundaries of a recorded subdivision plat or portion thereof.
Includes an area within twenty-five (25) feet of either side
of any hazardous pipeline.
A restriction on the use of land, normally among private
participants, contained in the deed to the property or otherwise formally
recorded.
Establishment of germinated plant life to control sediment
and erosion control at a minimum rate of seventy percent (70%) of
coverage per square foot.
When 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.
The land opened, reserved or dedicated for a street, sewer,
water, walk, drainage course or other public purpose.
The entire improved portion of the street, including shoulder,
parking lanes, travel ways, curbs and gutters, which lie between the
right-of-way lines.
The required distance between every structure and the lot
line on the lot on which it is located.
A structure, including necessary guardrails 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.
A technique for calculating stormwater runoff volume and
peak flow described in Soil Conservation Services (SCS) Technical
Release 55, Second Edition, June 1986.
The action or process of storing materials on a given site
for a temporary or extended period of time not to exceed one (1) year.
[Ord. No. 7056, 10-26-2023]
Private or publicly owned facilities by which stormwater
is collected and/or conveyed, including, but not limited to, any roads
with drainage systems, municipal streets, gutters, curbs, inlets,
piped storm drains, pumping facilities, retention and detention basins,
natural and human-made or altered drainage channels, reservoirs and
other drainage structures.
Any surface flow, runoff and drainage consisting of water
from any form of natural precipitation and resulting from such precipitation.
A document which describes the best management practices
(BMPs) and activities to be implemented by a person or business to
identify sources of pollution or contamination at a site and the actions
to eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems and/or receiving waters to the maximum extent practicable.
A 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 alley
or pedestrianway. Refer to the St. Louis County Design Criteria for
the Preparation of Improvement Plans for a more detailed breakdown
of additional street classification definitions.
Any activity performed as part of a development which removes
or disturbs vegetated or otherwise stabilized soil surfaces.
Any 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 Article, other than a material change as defined in this Article.
That portion of a roadbed upon which lies above a compacted
subgrade and is to be constructed of material meeting Missouri Department
of Transportation (MoDOT) Type 1 or Type 5 aggregate specifications
and compacted for a road surface to be placed upon.
The owner, agent or person having control of such land as
the term is used in this Chapter. "Subdivision" shall mean the division
of land into two (2) or more parts, including the resubdivision of
a lot or parcel. Any sale or rental of a division of land by metes
and bounds or lot description shall constitute a subdivision of land
and shall require compliance with this Chapter unless it is a separate
parcel of record at the time of the effective date of this Chapter.
Cemeteries shall not be included in the definition of "subdivision"
and shall not be subject to provisions of this Chapter.
The 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. Cemeteries shall not be included in the
definition of "subdivision" and shall not be subject to provisions
of this Chapter.
That portion of a roadbed upon which a compacted subbase
is to be constructed.
A bond approved by the City Council posted with a surety company, as defined in this Article, to guarantee a developer's performance of subdivision improvements in accordance with Section 405.110 of this Chapter.
A surety, title or insurance company approved by the City Council to act as surety under Section 405.110 of this Chapter.
A professional land surveyor registered in the State of Missouri.
A permit to occupy a development prior to site improvements
being completed.
A 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 built environment of a development or to enhance a street right-of-way,
or both.
All land draining to the point of consideration, regardless
of ownership.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
An 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.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line
of the lot and extending entirely from a front yard to the rear yard.
