[R.O. 2009 §415.390; Ord. No. 2040 §10.01, 9-15-2003]
A.
The
following rules and regulations regarding interpretation and construction
of the Higginsville, Missouri, subdivision regulations shall apply:
1.
Where the conditions imposed by the provisions of these regulations
are either more restrictive or less restrictive than comparable conditions
imposed by any other provisions of any other applicable law, ordinance,
resolution, rule or regulation of any kind, the regulations which
are more restrictive and impose higher standards or requirements shall
govern.
2.
The provisions of these regulations are not intended to abrogate
any easement, covenant or other private agreement; provided that,
where the requirements of these regulations are more restrictive or
impose higher standards or regulations than such easement, covenant
or other private agreement, the requirements of these regulations
shall govern.
3.
A subdivision of land, which was not lawful at the time of the adoption
of these regulations, shall not become or be made lawful solely by
reason of adoption of these regulations.
4.
The provisions of these regulations are cumulative and are additional
limitations upon all other laws and ordinances heretofore passed,
or which may be passed hereafter governing any subject matter in the
provisions of these regulations.
5.
In the construction of these regulations, the provisions and rules
of this Section shall be preserved and applied, except when the context
clearly requires otherwise:
a.
Words used in the present tense shall include the future.
b.
Words in the singular number include the plural number and words
in the plural number include the singular number.
c.
The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".
d.
The word "shall" is mandatory.
e.
The word "may" is permissive.
f.
The word "person" includes individuals, firms, corporations,
associations, governmental bodies and agencies and all other legal
entities.
g.
Unless otherwise specified, all distances shall be measured horizontally.
h.
Any word or phrase which is defined in this Article, or elsewhere
in these regulations, shall have the meaning as so defined whenever
the word or phrase is used in these regulations, unless such definition
is expressly limited in its meaning or scope.
[R.O. 2009 §415.400; Ord. No. 2040 §10.02, 9-15-2003]
Definitions for the interpretation of these rules and regulations
are as follows:
A public or private right-of-way which affords only a secondary
means of access to abutting property from a street or road.
A street serving major traffic movements, designed primarily
as a traffic carrier between, around and across the City and which
forms part of the through-street network.
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railroad rights-of-way or parks, etc., or a combination
thereof.
A line on a plat generally parallel to the street right-of-way
indicating the limit beyond which no buildings or structures may be
erected.
The City of Higginsville, Missouri.
The person responsible for performing the duties of the City
Engineer including any and all special or consulting engineers, or
appropriate City staff, as appointed by the Governing Body.
A street which is designed to serve traffic needs between
arterial and local streets and to provide access to abutting properties.
The Higginsville Comprehensive Plant as amended.
A vehicular turnaround which is located at the closed end
of a dead-end street or alley.
The location of streets alignment of streets grades and widths
of streets, alignment of easements grades and widths of easements
alignment and rights-of-way for drainage and sanitary sewers and the
designation of minimum lot area width and length.
All requirements and regulations that relate to design and
layout of subdivisions.
A grant by the property owner to the public, a corporation
or persons of the use of a strip of land for specific purposes.
A professional engineer or land surveyor licensed by the
State of Missouri or licensed to practice in the State of Missouri.
A plan or map prepared in accordance with the provisions
of this regulation and those of any other applicable local regulation,
which plat is prepared to be placed on record in the office of the
County Recorder of Deeds.
The Board of Aldermen of Higginsville, Missouri.
A street bordering one (1) or more property lines of a subdivision
tract to which the subdivider has allocated only a portion of the
required street width.
Street work, utilities, sidewalks, drainage structures and
other physical modifications which are to be installed or constructed
by the subdivider for the benefit of the lot owners and for the proper
development of the community as a condition precedent to the approval
and acceptance of the final plat.
A street or road which provides primarily for direct access
to adjoining properties and is designed to serve minor traffic needs.
A portion of land in a subdivision or other parcel of land
intended as a unit for transfer of ownership or for development.
The mean horizontal distance between the front lot line and
the rear lot line.
The mean horizontal distance between the side lot lines.
The finished floor elevation of the lowest floor.
An area of land or water or combination thereof planned for
passive or active recreation, but does not include areas utilized
for streets, alleys, driveways or private roads, off-street parking
or loading areas or required front, rear or side yards.
Any person or persons, firm or firms, corporation or corporations
or any other legal entity having title to land.
A right-of-way dedicated to public use which cuts across
a block to facilitate pedestrian access to adjacent streets and properties.
A surety bond or cash deposit made out to the City of Higginsville
in an amount equal to the full cost of the improvements which are
required by these regulations, said cost being estimated by the City
Engineer, and said surety bond or cash deposit being legally sufficient
to secure to the City of Higginsville that the said improvements in
lieu of completion will be constructed in accordance with these regulations.
The Higginsville Planning Commission.
A map made for the purpose of showing the design of a proposed
subdivision and the existing conditions in and around it. This map
need not be based on accurate or detailed final survey of the property.
All public facilities constructed or erected by a subdivider
within a subdivision to permit and facilitate the use of lots or blocks
for a principal residential, business or manufacturing purpose.
Water supplied for domestic purposes by a municipality or
County.
The further subdivision of a tract of land which has previously
been lawfully subdivided and for which a plat of such prior subdivision
has been duly recorded.
The paved or improved area of a street right-of-way exclusive
of sidewalks, driveways or related uses.
Secretary of the Planning Commission.
A line on a plat generally parallel to the street right-of-way
indicating the minimum open space to be provided between buildings
or structures and the edge of the street right-of-way.
A right-of-way dedicated to the public use or a private right-of-way
which provides principal vehicular and pedestrian access to adjacent
properties.
The distance measured perpendicular to the centerline of
the paved portion of the right-of-way; either to the back of the curb,
where a curb exists, or to the edge of the pavement where no curb
exists.
A person, firm, corporation, partnership or association who
causes land to be divided into a subdivision for itself or for others.
The voluntary division of a lot, parcel or tract of land
into two (2) or more lots for the purpose, whether immediate or future,
of transfer of ownership or building development, including resubdivision
Any subdivision containing not more than three (3) 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.
The person or persons authorized by the Governing Body to
administer the requirements of the zoning and subdivision regulations.
