[Ord. No. 3356, 10-7-2019]
Words and terms used in this Chapter shall be given their commonly
accepted meaning unless specifically defined herein or unless used
in context to indicate a clearly different meaning. For the purposes
of this Chapter, the words "shall" and "will" are mandatory; the word
"may" is permissive except when used in the negative; words used in
the present tense include the future tense; words used in the singular
number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly
indicates otherwise.
ALLEY
A minor right-of-way used primarily for vehicular access
to the rear or side of properties otherwise abutting on a street.
APPLICANT
Any person(s), firm, entity, related entity or corporation
subdividing, consolidating or seeking approval of a boundary change
to existing parcels of land within the boundaries of the City of Pleasant
Valley. An applicant must either be the property owner or have permission
from the legal property owner to submit such application.
BLOCK
An area of land, consisting of a series of lots, entirely
surrounded by streets, streams, right-of-way, parks, etc., or a combination
thereof.
BOUNDARY ADJUSTMENT
An adjustment to the lot lines of platted lots or other lawful
parcels for the purpose of adjusting the dimensions of said lots or
changing the configuration of buildable lots. A lot line adjustment
results in the same number of lots (no new lots are created nor are
the number of lots reduced).
BUILDING LINE
The distance from the lot line in which no building or use
shall be erected or maintained.
BYLAWS AND INDENTURES (CONDOMINIUMS)
The instrument and amendments by which the administration
of every condominium property shall be governed, which may either
be embodied in the declaration or in a separate instrument, a true
copy of which shall be appended to or recorded with the declaration.
CITY
City of Pleasant Valley.
CONDOMINIUM
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
CONDOMINIUM CONVERSION BUILDING
A building that at any time before creation of the condominium
was occupied wholly or partially by persons other than purchasers
and persons who occupy with the consent of purchasers.
CONDOMINIUM PLAT
A survey of the parcel and all units of a multiunit structure
for the purpose of compliance with the State of Missouri and the City
of Pleasant Valley standards as they pertain to condominiums.
DAY
For the purposes of this Chapter, a day shall mean a calendar
day.
DECLARATIONS
The instrument and amendments by which a property is submitted
to the provisions of Chapter 448, RSMo., to create a condominium.
DEVELOPMENT
Any man-made change to add improvement to real estate, including,
but not limited to, construction of buildings or other structures,
filling, grading and paving of yard area.
EASEMENT
A grant by a property owner for use of a specific area of
land for a particular use by the public, a corporation, person(s)
or entities; usually for the installation and maintenance of utilities,
sidewalk and/or roadway uses.
FLOODWAY
An area identified on the Federal Emergency Management Agency
(FEMA) Flood Boundary and Floodway Maps within the designated special
flood hazard zone identified as the portion of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than one (1) foot.
IMPROVEMENTS
Utilities and infrastructure, including, but not limited
to, street pavements, sidewalks, pedestrian walkways, water mains,
sanitary sewers, storm sewers, street signs, survey monuments, landscaping,
streetlight installations and other similar items.
INDENTURES/RESTRICTIONS (SUBDIVISIONS)
The instrument and amendments by which the administration
of any private subdivision properties shall be governed. The copy
of any trust indenture proposed for a private subdivision shall describe
any proposed covenants, restrictions and conditions applicable to
properties within the private subdivision.
LOT
A platted parcel of land intended to be separately owned,
developed or otherwise used, which is a part of a subdivision, the
plat of which has been recorded at the Clay County Recorder of Deeds
or a lot described by metes and bounds, the description of which has
been recorded at the Clay County Recorder of Deeds.
LOT CONSOLIDATION
The consolidation of one (1) or more lots into fewer lots.
See "minor subdivision".
LOT LINES
The lines bounding a lot as defined herein.
LOT, FLAG
A lot located behind another lot, with no direct access to
the street other than a driveway or other narrow corridor. Flag lots
are prohibited.
METES AND BOUNDS
The method used to describe a tract of urban land so that
it can be recorded in the Clay County Recorder's office, as contrasted
with the description of a part of a properly approved and recorded
subdivision plat by lot and block number.
PLAT
A plan of a subdivided tract or parcel of land.
PRIVATE STREET
A vehicular street or road not intended for dedication to
or maintenance by the City of Pleasant Valley or any other public
agency.
PROPERTY
All land, property or properties and space comprising the
parcel or parcels, all improvements and structures erected, constructed
or contained therein or thereon, including the building and all easements,
rights and appurtenances belonging thereto and all fixtures and equipment
intended for the mutual use, benefit or enjoyment of the owners.
RIGHT-OF-WAY, RIGHTS-OF-WAY OR ROW
1.
Unless otherwise restricted herein, the area, the air space
above the area, the area below and the area adjacent to any public
street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge,
tunnel, parkway, waterway, public easement or sidewalk in which the
City, county or State now or hereafter holds any property interest
which, consistent with the purposes for which it was dedicated, may
be used for the purpose of installing and maintaining facilities.
Rights-of-way shall not include:
a.
City facilities or the City's proprietary property, such
as City-owned or operated buildings, parks or other similar property;
b.
Airwaves used for cellular, non-wire telecommunications or broadcast
services;
c.
Easements obtained by ROW users;
d.
Railroad rights-of-way or ground used or acquired for railroads;
or
e.
Facilities owned and used by the City for the transmission of
one (1) or more services pursuant to the City Charter.
2.
In the case of a private street, the right-of-way shall be dedicated
to the property owners or trustees for street maintenance purposes.
SETBACK
A line or lines on the plat of a lot designating the area
outside of which buildings may not be erected.
SIDEWALK
A paved, pedestrian walkway located within the public right-of-way
or immediately adjacent to a public street; including a paved pedestrian
walkway within an easement dedicated for public use.
SIGHT DISTANCE
That area of a lot immediately adjacent to any vehicular
intersection (i.e., street, driveway) which must remain unobstructed
to allow a clear line of sight to any cross-traffic.
SITE PLAN
An accurately scaled development plan that shows existing
conditions on a site as well as depicting details of proposed development.
STREET
A general term denoting a public or private roadway which
affords a principal means of vehicular access to abutting property(ies).
The term includes all facilities which normally occur within the right-of-way
(i.e., sidewalks within the public right-of-way). The term shall also
include such other designations as highway, thoroughfare, parkway,
throughway, road, pike, avenue, boulevard, lane, place and/or court,
but shall not include an alley, driveway, common driveway, driveway
easement or pedestrian way (i.e., pedestrian trail).
SUBDIVISION, MAJOR
Any division of a tract or parcel of land into two (2) or
more lots, building sites or other divisions or the consolidation
of two (2) or more lots, for the purpose of sale or building development,
which involves the dedication of new streets or a change in existing
streets or other public improvements.
SUBDIVISION, MINOR
Any division or consolidation of a tract or parcel of land
or building sites for the purpose of sale or building development,
which does not involve any public improvements or the dedication of
new streets or a change in existing streets.