[CC 1995 § 44.010]
The rules and regulations governing plats of subdivisions of
land and lot splits contained herein shall apply within the corporate
limits of the City in accordance with the provisions of Section 89.400,
RSMo.
[CC 1995 § 44.020]
For the purpose of these regulations, certain words and terms
used herein are defined as follows:
ALLEY
A minor right-of-way dedicated to public use which gives
a secondary means of vehicular access to back or side of properties
otherwise abutting a street, and which may be used for public utility
purposes.
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 unenclosed porches, terraces and steps.
AREA, NET SITE
The total of area within the property lines excluding external
streets.
BLOCK
A parcel of land, intended to be used for urban proposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks or green strips, rural land or
drainage channels or a combination thereof.
COMPREHENSIVE PLAN
The Sketch Plan or City Plan or Comprehensive Plan of the
City whether in whole or in part, as adopted by the Planning Commission,
approved by the Board of Aldermen and duly recorded in the Office
of the City Recorder. It may consist of several maps, data, and other
descriptive matter, for the physical development of the City or any
portion thereof; including any amendment, extension or additions thereof
adopted by the Board of Aldermen indicating the general locations
for major streets, parks, schools, or other public open spaces, public
building sited, routed for public utilities, zoning districts, or
other similar information.
EASEMENT
A grant by the property owner to the public, a corporation,
or persons, for the use of a strip of land for specific purposes.
FRONTAGE
All the property fronting on one (1) side of a street between
the nearest intersecting streets, or other natural barriers.
GRADE
Is the slope of a road specified in percent and shown on
road profile plan as required herein.
IMPROVEMENTS
Grading sanitary and storm sewers, water mains, pavements,
curbs and gutters, sidewalks, road signs, lights, trees, and other
appropriate improvements required to render land suitable for the
use proposed.
LOT
Land occupied or to be occupied by a building, or unit group
of buildings, and accessory buildings, together with such yards and
lot area as are required by this Chapter, and having its principal
frontage upon a street, or a place approved by the Commission.
LOT, CORNER
A lot, or portion thereof, not greater than one hundred (100)
feet in width and situated at the intersection of two (2) or more
streets, having an angle of intersection of not more than one hundred
thirty-five degrees (135°).
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 and
which has two (2) non-intersecting sides abutting on two (2) or more
streets.
LOT, WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth at the building line.
MAJOR STREET PLAN
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets, including collector streets, adopted
by the Planning Commission, approved by the Board of Aldermen, and
duly recorded in the Office of the City Recorder.
OFFICIAL MAP
The map showing streets, highways, and parks and drainage,
both existing and proposed.
OFFICIAL SUBMISSION DATE
The date when a subdivision plan shall be considered submitted
to the Planning Commission, and is hereby defined to be the date of
the meetings of the Planning Commission at which all required surveys,
plans and data are submitted.
OPEN SPACE, PUBLIC
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreation areas, school
sites, community or public building sites, and other lands.
PLAT
A map, plan or layout for a City, township, section or subdivision
indicating the location and boundaries of individual properties.
PLAT, FINAL
A map of a land subdivision prepared in form suitable for
filing of record with necessary affidavits, dedications, and acceptances,
and with complete bearing and dimensions of all lines defining lots
and blocks, streets and alleys, public areas and other dimensions
of land.
PLAT, PRELIMINARY
A map of a proposed land subdivision showing the character
and proposed layout of the tract in sufficient detail to indicate
the suitability of the proposed subdivision of land.
STREET
Any public or private right-of-way which affords the primary
means of access to abutting property.
STREET, COLLECTOR
A street which serves or is designed to serve as a trafficway
for a neighborhood or as feeder to a major street.
STREET, CUL-DE-SAC
A street or a portion of street with only one (1) vehicular
traffic outlet. The closed end has a turnaround.
STREET, LOCAL
A street intended to serve primarily as an access to abutting
properties.
STREET, MAJOR
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic generating areas. Such streets
are freeways, expressways, and arterials.
SUBDIVIDER
A person, firm, corporation, partnership, or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself/herself or others.
SUBDIVISION
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
YARD, FRONT
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot.
YARD, REAR
A yard extending across the full width of the lot between
the nearest rear main building and the rear lot lines. The depth of
the required rear yard shall be measured horizontally from the nearest
part of the main building toward the nearest point of the rear lot
lines.
YARD, SIDE
A yard between a main building and the side lot line, extending
from the front yard or front lot lines, where no front yard is required,
to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the
nearest part of the main buildings.
[CC 1995 § 44.030]
Any owner or proprietor of any tract of land who subdivides
that tract of land and who violates any of the provisions of this
regulation shall be guilty of an ordinance violation.
[CC 1995 § 44.040]
Any owner or any proprietor of any tract of land situated within
the corporate limits of the City who subdivides the same shall cause
a plat of such subdivision, with reference to known or permanent monuments,
to be made and recorded in the Office of the Recorder of Deeds.
[CC 1995 § 44.050]
No plat of a subdivision shall be recorded unless and until
it shall have been submitted and approved by the Commission and Board
of Aldermen in accordance with the regulations set forth in this Chapter
and so certified by the City Clerk.
[CC 1995 § 44.060]
To defray partially the costs of notification and administration
procedure, there shall be paid to the City Clerk at the time of submission
of the preliminary plat a fee in the following amount: twenty-five
dollars ($25.00), plus one dollar ($1.00) per lot for the first fifty
(50) lots, plus fifty cents ($0.50) per lot thereafter. No action
of the Planning Commission or Mayor and Board of Aldermen shall be
valid until the fee has been paid to the City Clerk. This fee will
be charged on all plats, regardless of the action taken, whether the
plat is approved or disapproved.
[CC 1995 § 44.070]
Every plat shall be prepared by a registered land surveyor duly
licensed by the State, who shall endorse upon each such plat a certificate
signed by him/her setting forth the source of the title of the owner
of the land subdivided, and the place of record of the last instrument
in the chain of the title, and shall cause his/her seal to be affixed
on the face of the plat.
[CC 1995 § 44.080]
Every plat or the deed of dedication to which such plat is attached,
shall contain, in addition to the registered land surveyor's certificate,
a statement of the effect that the above and foregoing subdivision
of (here insert correct description of the land subdivided) as appears
in the plat in question is with the free consent and in accordance
with the desire of the undersigned owners, proprietors and trustees,
if any, which shall be signed by the owners, proprietors and trustees,
if any, and shall be duly acknowledged, before some officer authorized
to take acknowledgements of deeds, and when thus executed and acknowledged,
shall be filed and recorded in the Office of the Recorder of Deeds
of the City and indexed under the names of the owners of the lands
signing such statement and under the names of the subdivision.
[CC 1995 § 44.090]
No owner, or agent of the owner, of any land located within
the platting jurisdiction of the City, knowingly or with intent to
defraud, may transfer, sell, agree to sell, or negotiate to sell that
land by reference to or by other use of a plat of any purported subdivision
of the land before the plat has been approved by the Board of Aldermen
or Planning Commission and recorded in the office of the appropriate
County Recorder unless the owner or agent shall disclose in writing
that such plat has not been approved by such Board of Aldermen or
Planning Commission and the sale is contingent upon the approval of
such plat by such Board of Aldermen or Planning Commission. Any person
violating the provisions of this Section shall forfeit and pay to
the City a penalty not to exceed three hundred dollars ($300.00) for
each lot transferred or sold or agreed or negotiated to be sold; and
the description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the transaction from this penalty. The City may enjoin
or vacate the transfer or sale or agreement by legal action, and may
recover the penalty in such action.
[CC 1995 § 44.100]
Land subject to flooding, land with excessive slope and land
deemed by the Planning Commission to be undesirable for development
shall not be platted for residential occupancy, nor for such other
uses as may involve danger to health, life, or property, or to aggravate
erosion or flood hazard. Such land shall be set aside for uses compatible
with existing conditions.
[CC 1995 § 44.180]
Where unusual or exceptional factors or conditions exist, the Planning Commission may modify any of the provisions of these regulations except those of Section
410.160(A)(1) through
(5) on written application by the developer. The developer's application shall set forth the reasons for such required modification and shall set forth the reasons for such requested modification and shall be attached to all copies of the construction plans.