[Ord. No. 24-048, 7-1-2024[1]]
The rules and regulations governing plats of subdivisions of land and lot splits contained herein shall apply within the corporate limits of the City of Ozark in accordance with the provisions of Section 89.400, RSMo.
[1]
Editor's Note: Former Chapter 410, Subdivision Regulations, containing Sections 410.010 through 410.510, was repealed by Ord. No. 24-048, 7-1-2024. Prior history included: Ord. No. 09-012; Ord. No. 09-026; Ord. No. 10-036; Ord. No. 13-017; Ord No. 15-007; Ord. No. 15-021; Ord. No. 16-018; Ord. No. 16-019; Ord. No. 16-020; Ord. No. 16-037; Ord. No. 18-032; Ord. No. 18-056; Ord. No. 19-006; Ord. No. 20-052; Ord. No. 20-062; Ord. No. 22-037; and Ord. No. 23-073.
[Ord. No. 24-048, 7-1-2024]
For the purpose of interpreting this Chapter, certain terms are defined as follows:
ALLEY
A passage or way affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
ARTERIAL, EXPRESSWAY AND MAJOR THOROUGHFARE
Provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.
CITY PLAN
The sketch plan or City plan or Comprehensive Plan of the City of Ozark whether in whole or in part, as adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the office of the County Recorder of Christian County. It may consist of several maps, data and other descriptive matter for the physical development of the City or any portion thereto; including any amendment, extension or additions thereof adopted by the Board of Aldermen indicting the general locations for major streets, parks, schools or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.
COLLECTOR STREET
Provides traffic movement between residential and arterial streets and direct access to abutting properties.
COMMON AREA
Land which may be dedicated or reserved for acquisition for general use by the public, including parks, recreation areas, community or public building sites and other lands, which shall be owned and maintained by the Homeowner's Association and/or all lot owners within the subdivision.
CUL-DE-SAC
A short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround.
EASEMENT
A grant by the property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, utility companies or private individuals.
LOT
A parcel of land occupied or intended for occupancy by a building together with its accessory buildings, including open space for light and air as required by Chapter 405.
MAINTENANCE BOND
A surety in the form of a bond or irrevocable letter of credit from an insured financial institution shall be submitted by the subdivision developer/owner and approved by the Director of Finance and Director of Public Works against any defects or failures to the City improvements or infrastructure.
MINOR AND CUL-DE-SAC STREETS
Provides direct access to abutting properties generally seven hundred and fifty (750) feet or less in length and do not allow interconnection with adjoining streets.
PLANNING AND ZONING COMMISSION
The Ozark Planning and Zoning Commission.
PLANNING AND ZONING STAFF REPRESENTATIVE
The City Administrator or such other person designated by the Board of Aldermen for matters pertaining to the subdivision of land.
RESIDENTIAL ALLEY
Provides secondary means of access to abutting properties, less than thirty (30) feet width of right-of-way.
RESIDENTIAL STREET
Provides local traffic movement and direct access to abutting properties.
ROADWAY WIDTH or SURFACE WIDTH
That portion of any street designated for vehicular traffic and, where curbs are paved, that portion of the street between the curbs.
STREETS
The full width between the property lines bounding every way of whatever nature when any part thereof is open to use by the public as a matter of right for the purpose of vehicular traffic and whether designated as a street, highway, freeway, expressway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, circle or however otherwise designated.
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.
SUBDIVISION, MINOR
The division of a parcel of land into three (3) or less lots for the purpose of transfer of ownership or building development.
THOROUGHFARE
A major street.
THOROUGHFARE PLAN
The official plan of highways, primary and secondary thoroughfares, parkways and other major streets including collector streets adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the office of the County Recorder of Christian County.
THOROUGHFARE — PRIMARY, SECONDARY
A major street so designated in the official thoroughfare plan.
ZONING CODE
The official zoning ordinance of the City of Ozark as set out in Chapter 405 of this Code.
[Ord. No. 24-048, 7-1-2024]
Any person violating the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 100.220 of this Code of Ordinances. Each day during which such violation shall be permitted to exist shall constitute a separate offense hereunder.
[Ord. No. 24-048, 7-1-2024]
A. 
Subdivisions must comply with the most recent Edition of the Design Guideline Standards for the City of Ozark, and the Design Standards for Public Improvements, a copy of which is on file in the office of the City Clerk. These standards are made a part hereof as if fully set out in this Chapter and shall be the design guidelines for new construction in the City of Ozark.
B. 
The Design Standards for Public Improvements (latest Edition), Standard Drawing Details for Public Improvements (latest Edition) and the Construction Specifications for Public Improvements (latest Edition) on file in the City's offices are hereby adopted pursuant to this Section of the Code of Ordinances of the City of Ozark and shall become the design standards, drawing details and construction specifications of the City.
[Ord. No. 24-048, 7-1-2024]
In order to protect the health, safety and general welfare of the people, the Planning and Zoning Commission will reject any proposed subdivision located in an area subject to periodic flooding. Whenever a subdivision is proposed to be located in an area having poor drainage or other adverse physical characteristics and impairment, the Planning and Zoning Commission may approve the plat; provided, the developer binds himself/herself legally to make such improvements as, in the judgment of the Planning and Zoning Commission, will render the subdivision substantially safe and otherwise acceptable for the intended use. In this case the developer shall post with the Commission a surety performance bond, running to the City of Ozark or other security acceptable to the Planning and Zoning Commission, sufficient to cover the cost of such improvements as estimated by officials having jurisdiction.
[Ord. No. 24-048, 7-1-2024]
The subdivision layout shall conform to the official thoroughfare plan or other elements of the Comprehensive Plan. Whenever a tract to be subdivided embraces any part of a highway, thoroughfare or other major or collector street so designated on said plan, such part of such public way shall be platted by the developer in the location and at the width indicated in the plan.
[Ord. No. 24-048, 7-1-2024]
A. 
The size, shape and orientation of lots shall be appropriate for the location and physical character of the proposed subdivision and for the type of development contemplated in compliance with applicable zoning ordinances or regulations as set out in Chapter 405.
1. 
Depth. Excessive depth in relation to width shall be avoided. (A proportion of 1 to 1 or 2 to 1 will normally be considered appropriate, except in the case of narrow lots.)
2. 
Width. Lots for residential purposes shall have sufficient width at the building setback lines to permit compliance with side yard or distance requirements of the applicable zoning ordinances or regulations as set out in Chapter 405 and still be adequate for a building of practicable width.
3. 
Double-Frontage. Except as otherwise provided herein, double-frontage lots and reversed frontage lots shall be avoided.
4. 
Side Lot Lines. Where practicable, side lot lines shall be approximately at right angles to the right-of-way line of the street on which the lot faces.
5. 
Corner Lots. Corner lots for residential use shall be platted wider than interior lots to permit compliance with setback requirements for the applicable zoning regulations as set out in Chapter 405.
6. 
Minimum Lot Size. Refer to Chapter 405, Article II, Section 405.420.
[Ord. No. 24-048, 7-1-2024]
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 of Christian County, complying with their recording requirements. A digital copy of the approved and recorded survey shall be filed with the Department of Planning and Development as well as an AutoCAD dwg file, which shall be on U.S. State Plane 1983, Missouri Central 2402 Zone [NAD 1983, CONUS] coordinates.
[Ord. No. 24-048, 7-1-2024]
A. 
No plat of a subdivision shall be recorded unless and until it shall have been submitted and approved by both the Planning and Zoning Commission and the Board of Aldermen in accordance with the regulation set forth in this Chapter and so certified by the City Clerk.
B. 
No replat of a subdivision shall be recorded unless and until it shall have been submitted and approved by the Planning and Development Department in accordance with the regulations set forth in this Chapter.
[Ord. No. 24-048, 7-1-2024]
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 each sheet of the plat. All improvement plans, i.e., streets, water, sewer systems, etc., shall be prepared by a registered professional engineer, duly licensed by the State of Missouri and such plans shall bear the seal and signature of the professional engineer.
[Ord. No. 24-048, 7-1-2024]
A. 
Every plat, or the deed of dedication to which such plat is attached, shall contain, in addition to the registered land surveyor's seal, the following:
1. 
A statement to 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 acknowledgments of deeds, and when thus executed and acknowledged, shall be filed and recorded in the office of the Recorder of Deeds of the County and indexed under the names of the owners of the lands signing such statement and under the name of the subdivision;
2. 
A signed statement of ownership of common areas for the subdivision clearly identifying the maintenance obligation of the homeowner's association and notice requirements, in a form approved by the City;
3. 
An express dedication to the City of any public easements or rights-of-way shown on the plat; and
4. 
If property is conveyed by the plat, a certification that there are no suits, actions, liens, or trusts on the property conveyed herein, and warrant generally and specially all property conveyed by the plat and will execute such further assurances as may be required.
[Ord. No. 24-048, 7-1-2024]
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 and Zoning Commission and recorded in the office of the County Recorder unless the owner or agent shall disclose, in writing, that such plat has not been approved by the Board of Aldermen or Planning and Zoning Commission and the sale is contingent upon the approval of such plat by the Board of Aldermen or Planning and Zoning 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 of agreement by legal action and may recover the penalty in such action.