[CC 1988 §25.010]
This Chapter shall be known and may be cited as the "Subdivision
Regulations" of the City of Eldon, Missouri.
[CC 1988 §25.020]
The regulations in this Chapter are intended as minimum requirements
to provide for the coordinated, efficient and economic development
of the City, to insure the adequacy of street and utility facilities,
and to promote the public health, safety and welfare. If any other
provision of law relates to any matter covered herein, the regulation
providing the higher standard shall apply.
[CC 1988 §25.030]
A.
The subdivision
of land is the first (1st) step in the process of urban development.
The arrangement of land parcels in the community for residential,
commercial and industrial uses and for streets, alleys, schools, parks
and other public purposes will determine to a large degree the conditions
of health, safety, economy and amenity that prevail in the urban area.
The quality of these conditions is of public interest. These regulations
and standards for the subdivision and improvement of land for urban
use are to make provision for adequate light, air, open spaces, drainage,
transportation, public utilities and other needs to insure the development
and maintenance of a healthy, attractive and efficient community that
provides for the conservation and protection of its human and natural
resources. These regulations are designed, intended and should be
administered in a manner to:
1.
Implement
the Comprehensive Plan,
2.
Provide
neighborhood conservation and prevent the development of slums and
blight,
3.
Harmoniously
relate the development of the various tracts of land to the existing
community and facilitate the future development of adjoining tracts,
4.
Provide
that the cost of improvements which primarily benefit the tract of
land being developed be borne by the owners or developers of the tract,
and that the cost of improvements which primarily benefit the whole
community be borne by the whole community,
5.
Provide
the best possible design for the tract,
6.
Reconcile
any differences of interest, public or private,
7.
Establish
adequate and accurate records of land subdivision.
[CC 1988 §25.040]
A.
These regulations prescribe the procedures for the subdivision of land within the incorporated area of the City of Eldon and any other area of Miller County made subject thereto under the provisions of Section 405.370 and comprise the requirements, standards and specifications with respect to:
1.
The
proper location and width of streets, building lines, open spaces,
recreational areas and public lands.
2.
The
avoidance of conditions which would lead to the creation of blighted
areas.
3.
The
avoidance of overcrowding the population and congestion of vehicular
traffic.
4.
The
manner in which streets are to be graded and improved and the extent
to which water, sewer, stormwater and other utility services are to
be provided.
5.
The
provision of adequate open space for traffic movement, utility facilities,
access of emergency apparatus, for the control of the number, spacing,
type and design of access points to existing or future streets, for
minimum width and area of lots, for light and air, and for a proper
distribution of population.
6.
This
Chapter shall not apply to any lot or lots forming a part of a subdivision
created and recorded prior to November 15, 1982, unless such lot or
lots shall be resubdivided after the effective date of this Chapter.
7.
Where
the conditions imposed by the provisions of these regulations are
either more restrictible or less restrictive than comparable conditions
imposed by any other provision of any other applicable law, ordinance,
resolution, rule or regulation of any kind, the regulations which
are more restrictive and higher standards or requirements shall govern.
8.
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 easements, covenant or other private agreement,
the requirements of these regulations shall govern.
9.
A subdivision
of land which was not lawfully existing November 15, 1982, shall not
become or be made lawful solely by reason of the adoption of these
regulations.
10.
The
provisions of these regulations are cumulative and additional limitations
upon all other laws and ordinances heretofore passed or which may
be passed hereafter governing any subject matter set forth in the
provisions of these regulations.
[CC 1988 §25.050]
Pursuant to the authority conferred by Chapters 89.300 to 89.490,
RSMo., 1986 Revised, the Eldon City Planning Commission is hereby
designated the Platting Commission of the City and as such shall make
determinations and investigations of the design and improvements of
proposed subdivisions and shall serve as a subdivision and development
advisory board to the City Board of Aldermen.
[CC 1988 §25.060]
These regulations shall apply to all land located within the
City limits of the City of Eldon and to all lands subsequently annexed
after November 15, 1982.
[CC 1988 §25.070]
A.
Sale Of Land In Subdivision. No owner or agent of the owner
of any land located within a subdivision shall transfer, sell, offer
or agree to sell any land by reference to, exhibition of or by use
of a plan or plat of a subdivision before such plan or plat has been
approved and recorded in the manner prescribed herein.
B.
Metes And Bounds. The sale of land by the creation of new parcels described by metes and bounds shall be prohibited except as provided for in Section 405.080 of these regulations.
C.
Permits. The Coordinator shall not issue building permits
for any structure in a lot in a subdivision for which a plat has not
been approved and recorded in the manner prescribed herein.
D.
Public Improvements. The City hereby defines its policy
to be that the City will withhold all public improvements of whatsoever
nature, including the maintenance of streets and the furnishing of
sewerage facilities, from all subdivisions subject to this Chapter
which have not been approved and from all areas dedicated to the public
which have not been accepted by the Board in the manner prescribed
herein.
[CC 1988 §25.080]
A.
These
regulations shall not apply in the following instances of transactions.
1.
The
public acquisition of strips of land for the widening of existing
streets and the public acquisition of land for any other purpose.
2.
The
division of land for sale into parcels five (5) acres or greater where
no new streets or easements of access are planned.
3.
A change
in the boundary between adjoining lands which does not create an additional
lot.
4.
Land
used for street or railroad right-of-way, drainage easement or other
public utilities subject to local, State or Federal regulations where
no new street or easement of access is involved.
5.
Land
used for highway or other public purposes relating to the dedication
of a parcel of land for a public use or instruments relating to the
vacation of land impressed with a public use.
6.
A correction
of a description in a prior conveyance, provided that such a conveyance
shall be clearly labeled as a "Correction Conveyance" and shall clearly
identify the prior conveyance which is the subject of correction and
the error contained in such prior conveyance.
7.
A lot
split approved in accordance with these regulations.
8.
A division
of land which may be ordered or approved by a court or effected by
testamentary or intestate provisions.
[CC 1988 §25.090]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A passage or way affording generally a secondary means of
vehicular access to abutting properties and not intended for general
traffic circulation.
A parcel of land intended to be used for urban purposes which
is entirely surrounded by public streets, highways, railroad right-of-way,
public walks, parks or green strips, rural land or drainage channels
or a combination thereof.
The Board of Adjustment of the City of Eldon, Missouri.
The Board of Aldermen of the City of Eldon, Missouri.
A line which is parallel to the lot line which establishes
the minimum yard depth of a zoning lot. The location of such setback
line shall be determined by the required depth of the yard as prescribed
in the schedule of district regulations of the ordinance; a line on
a plat generally parallel to the street right-of-way indicating the
limit beyond which buildings or structures may not be erected.
The City of Eldon, Missouri.
Whenever the term "Planning Commission" or "Commission" is used in these regulations, it shall be deemed
to refer to the Planning and Zoning Commission of the City of Eldon.
A Comprehensive Plan prepared by the Planning Commission
which indicates the general locations recommended for the various
functional classes of public works, places and structures and for
the general physical development of the City of Eldon and includes
any unit or part of such plan separately adopted and any amendment
to such plan or parts thereof.
The Planning, Zoning and Code Enforcement Coordinator and
also includes "Building Official".
A strip of land dedicated for public use which is reserved
across a block for the purpose of providing pedestrian access to adjacent
areas.
A street having only one (1) outlet and being permanently
terminated by a vehicle turnaround at the other end.
A street having only one (1) outlet.
All requirements and regulations relating to design and layout
of subdivisions.
A grant by the property owner to the public, a corporation
or person or the use of a strip of land for specific purpose.
When used in connection with designing or engineering any
improvements either on-site or off-site, he/she shall be a registered
professional engineer qualified to practice in the State of Missouri.
The property on one (1) side of a street between two (2)
intersecting streets (crossing or terminating) measured along the
line of the street; or with a dead-end street, all property abutting
one (1) side of such street measured from the nearest intersecting
street and the end of the dead-end street.
That portion of the frontage which lies between the side
lot lines of a single lot.
The line separating the lot from the street.
All 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.
A parcel of land ordinarily under one (1) ownership, having
access to a street, either occupied or to be occupied by a building
or building group together with accessory buildings and used together
with such yards and open spaces, which parcel of land is designated
as a separate and distinct tract and is identified by a tract or lot
number or symbol in a duly approved subdivision plat of record.
The total horizontal area within the boundary lines of a
lot.
A lot situated at the intersection of two (2) or more streets.
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
The front of a lot shall be considered to be that side of
the lot which fronts on a street. In the case of a corner lot, the
lot shall be considered to front on that street which the greatest
number of lots front.
A lot other than a corner lot.
The lines bounding the lot as defined herein.
Any lot line which meets the end of a front lot line, normally
at an angle equal to or greater than thirty degrees (30°).
A lot which is part of a recorded subdivision or a parcel
of land which has been recorded.
A corner lot the side street line of which is substantially
a continuation of the front lot line of the lot or lots to its rear.
The dividing or redividing of a lot or lots in a recorded
plat of a subdivision into not more than two (2) tracts which meet
the criteria established within these regulations.
A lot having frontage on two (2) parallel or approximately
parallel streets.
The distance on a horizontal plane between the side lot lines
of a lot measured at right angles to the line establishing the lot
depth at the established building setback.
A system of describing and identifying land by measure (metes)
and direction (bounds) from an identifiable point of reference.
Any person or persons, firm or firms, corporation or corporations,
or any other legal entity having legal title to land sought to be
subdivided under these regulations.
A lot or continuing group of lots in single ownership or
under single control is usually considered a unit for purposes of
development.
A map of a land subdivision prepared in a form suitable for
filing of record with necessary affidavits, dedications and acceptances
and with complete bearings and dimensions of all lines defining lots
and blocks, streets and alleys, public areas and other dimensions
of land.
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.
The subdivision of a tract of land which has previously been
lawfully subdivided and a plat of such prior subdivision duly recorded.
Decorative fencing or evergreen vegetation maintained for
the purpose of concealing from view the area behind such fencing or
evergreen vegetation. When fencing is used for screening, it shall
be not less than six nor more than eight (8) feet in height.
The word "shall" shall be deemed as mandatory.
The word "may" shall be deemed as permissible.
A generalized map that is prepared by a subdivider to serve
as a basis of discussion with the planning official as the form of
the plat and the purposes of the regulations.
The street right-of-way or easement, whether public or private;
not the area of the paving or other improvements on the street right-of-way
unless such paving or improvements coincide with the boundaries of
such right-of-way.
The shortest distance between the property lines abutting
both sides of a street right-of-way.
The owner or other person, firm or corporation authorized
by the owner undertaking proceedings under the provisions of these
regulations for the purpose of subdividing land.
The division of a parcel of land into two (2) or more lots
or parcels for the purpose of transfer of ownership or building development,
or if a new street is involved, any division of a parcel of land;
provided that division of land which may be ordered or approved by
a court or effected by testamentary or intestate provisions, or a
division of land for agricultural purposes into lots or parcels of
five (5) acres or more and not involving a new street shall not be
deemed a subdivision. The term includes resubdivisions and, when appropriate
to the context, shall relate to the process of subdividing or to the
land subdivided.
A registered land surveyor in the State of Missouri.
