[Ord. No. 94-2, 1-11-1994]
A. Unless otherwise expressly stated, the following terms shall, for
the purpose of this Chapter, have the meaning herein indicated. Where
words have not been defined, the standard dictionary definition shall
prevail. In interpreting the meaning of the regulations, the following
general rules shall apply:
1.
Words used in the present tense shall also include the future
tense.
2.
Words used in the singular number shall also include the plural
and vice versa.
3.
The word "shall" is mandatory.
4.
The word "may" is permissive.
5.
The words "used" or "occupied" shall be construed to include
"intended, designed, or arranged to be used or occupied."
6.
Where reference is made to the regulations, it shall be construed
to mean the regulations as originally passed in this Chapter and all
subsequent amendments, supplements and revisions.
[Ord. No. 94-2, 1-11-1994]
As used in this Chapter, the following terms shall have the
meanings indicated:
ALLEY
A public or private street primarily designed to extend only
secondary access to the side or rear of those properties whose principal
frontage and access is on some other street.
APPLICANT
A developer or any individual submitting an application for
a permit or subdivision plat as required by this Chapter.
BOARD OF TRUSTEES
The governing body of the Village of Indian Point. Also referred
to as "Board."
BUILDING
Any structure having a roof supported by columns or walls
for the shelter or enclosure of persons or property.
COMMON OPEN SPACE
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development.
It may include complementary structures and improvements.
COMMISSION
The Village of Indian Point Planning and Zoning Commission.
CONDOMINIUM
Real property, 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 property is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
CONSTRUCTION
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
CUL-DE-SAC
A street having one (1) end open to traffic and being terminated
at the other end by a vehicular turnaround. Dead-end streets are not
culs-de-sac.
DEDICATION
An act transmitting property or interest thereto.
DETENTION BASIN
A man made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually at a rate not greater than that prior
to the development of property, into natural or man-made drainage
outlets.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land
included in a proposed development. Also, the holder of an option
or contract to purchase, or any other person having enforceable proprietary
interest in such land.
DEVELOPMENT
A construction project involving substantial property improvement
and, usually, a change of land use character within the site; the
act of using land for building or extractive purposes.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means.
EASEMENT
The right-of-way granted for limited use of private land
for a public or quasi-public purpose and within which the owner of
the property shall not erect any permanent structures.
EROSION
The detachment and movement of soil or rock fragments, or
the wearing away of the land surface by water, wind, ice or gravity.
ENGINEER
A registered professional engineer in the State of Missouri.
ESCROW
A deed, bond, money, or a piece of property delivered to
the Village in lieu of an amount required and still in force on a
performance or maintenance bond.
FINAL PLAT
The final map of all or a portion of a subdivision which
is presented for final approval.
FRONTAGE
That part of a lot or premises immediately adjacent to a
street or streets without regard to access to, or elevation of, the
street or streets.
GRADE
The average level of the finished surface of the ground for
buildings more than five (5) feet from a street line. For buildings
closer than five (5) feet to a street line, the grade is the sidewalk
elevation at the center of the building. If there is more than one
(1) street, an average sidewalk elevation is to be used. If there
is no sidewalk, the Village Engineer shall establish the sidewalk
grade.
IMPERVIOUS SURFACE
Any part of a lot that is covered by buildings, structures,
parking areas, driveways, and any other surfaces which reduce or prevent
absorption of stormwater.
IMPROVEMENTS
Physical construction or changes, such as clearing, grading,
street surfacing, curbs and gutters, survey markers, sidewalks, crosswalks,
culverts, bridges, water and sanitary storm sewer lines and systems,
and other utilities.
LOT
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
LOT, CORNER
A lot abutting on two (2) or more streets at their intersection.
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 having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
LOT, FRONT OF
The front of a lot shall be considered to be that side of
the lot which fronts a street. In the case of a corner lot, the narrowest
side fronting on the street shall be considered to be the front of
the lot.
LOT LINE, FRONT
The lot line separating a lot from the street. On a corner
lot, the shortest lot line abutting a street is the front lot line;
on a through lot, both lot lines abutting the streets are front lot
lines; on a flag-shaped lot, the front lot line is also the lot line
most parallel to the front lot line abutting the street.
LOT LINE, REAR
Any lot line not a front or side lot line. The rear lot line
for a triangular-shaped lot shall be a line ten (10) feet long drawn
between the lot's side lot lines and parallel to the front lot line.
LOT LINE, SIDE
The lot lines that intersect with a lot's front lot line.
LOT OF RECORD
A lot which is part of a recorded subdivision or a parcel
of land on a plat or deed which has been recorded by the Stone County
Recorder of Deeds.
LOT, THROUGH
A lot having a frontage on two (2) parallel streets, or which
fronts upon two (2) streets which do not intersect at the boundaries
of the lot.
LOT WIDTH
The mean horizontal distance between the side lot line of
a lot measured at right angles to the depth; or the same distance
measured at a point midway between the front lot line and the rear
lot line; or at the rear lot line of the required front yard (building
line, especially on irregularly shaped lots).
MASTER PLAN
The Indian Point Master Plan, which is a comprehensive, long-range
plan intended to guide the growth and development of the Village.
OPEN SPACE, PUBLIC
Land which is dedicated or reserved by any owner(s) and accepted
by the appropriate governmental authority for general use by the public
including, but not limited to, parks, recreation areas, and conservation
areas.
OPEN SPACE, PRIVATE
Land which is dedicated or reserved by any owner(s) for private
use by residents of the subdivision, such as, but not limited to,
recreation areas, parks, green areas or improvements thereon.
OWNER OF RECORD
The person, corporation, or other legal entity listed as
owner of a lot on records of the County Recorder of Deeds.
PARKING LANE
A lane usually located on the sides of streets, designed
to provide on-street parking for vehicular traffic.
PAVEMENT WIDTH
The actual road surface area from curb back to curb back,
which may include travel lanes, parking lanes, and deceleration and
acceleration lanes; where there are no curbs, the pavement width is
that portion between the edges of the paved, or hard surface, width.
PAVING
Brick, stone, concrete, asphalt or other impervious dustless
material placed on the surface of the land.
PEDESTRIANWAY
A right-of-way, dedicated to or set aside for public use,
which cuts across a block to facilitate pedestrian access to adjacent
streets and properties.
PLANNED UNIT DEVELOPMENT
A tract of land planned and developed as an integral unit,
which may consist of a combination of residential and nonresidential
uses of land within a planned unit development (PUD) district, as
approved in accordance with the zoning regulations of the Village
of Indian Point.
PRELIMINARY PLAT
A map indicating the proposed layout of a development and
related information that is submitted for preliminary approval.
PROPERTY DESCRIPTION
Descriptions of a lot, tract or parcel by metes and bounds,
by reference to a plat or by reference to government survey. Also
referred to as "legal description."
PUBLIC
Maintained for or used by the people of the Village of Indian
Point, Missouri.
REGULATIONS
The subdivision regulations of Indian Point, Missouri.
RIGHT-OF-WAY
Area dedicated to provide for streets, roads, sidewalks and
pedestrianways.
SETBACK
The required minimum horizontal distance between the nearest
front, side or rear line of every structure and the front line of
the lot.
SIDEWALK
A walk for pedestrians at the side of a street.
STREET
A public or private way, used or intended to be used for
passage or travel by motor vehicles.
STREET CLASSIFICATION
Streets and roads are classified by function in the Village's
transportation network. Design standards are related to functional
classification. These functional classifications include:
1.
ARTERIALA street or highway primarily intended to provide for high volume, moderate speed and extended trip length and traffic movements throughout the Village and between major activity centers, with access to abutting property subordinate in function to traffic movement.
2.
COLLECTORA street which collects and distributes traffic to and from the arterial system. The collector is primarily intended to provide for low to moderate volume, low-speed and short-length trips while providing access to abutting property.
3.
LOCALA street primarily providing direct access to abutting property and designed to accommodate low-volume, low-speed traffic.
STREET LINE
A dividing line between a lot and a contiguous street.
STREET WIDTH
The horizontal distance between the outside edges of a street's
pavement, including any curbing and guttering, measured at right angles
to the street's center line.
STRUCTURE
Anything constructed or erected, the use of which required
permanent or temporary location on or in the ground.
SUBDIVIDER
Any person, firm, partnership, corporation or other entity
acting as a unit, subdividing or proposing to subdivide land as herein
defined.
SUBDIVISION
The division of a parcel of land into two (2) or more lots,
or other division 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
A subdivision that does not involve any of the following:
1.
The creation of more than a total of four (4) lots;
2.
The creation of any new public streets;
3.
The extension of a public water or sewer system; or
4.
The installation of drainage improvements through one (1) or
more lots to serve one (1) or more other lots.
SURVEYOR
A registered land surveyor in the State of Missouri.
TRACT
A lot. The term tract is used interchangeably with the term
"lot," particularly in the context of subdivisions, where one (1)
"tract" is subdivided into several "lots."
VARIANCE
A grant of permission from the Board of Trustees that allows
the recipient to waive compliance with a specific provision of this
Chapter, granted because of the practical difficulties or undue hardship
that would be imposed by the strict application of that provision
of this Chapter.
VILLAGE
The Village of Indian Point, Missouri.
WORKING DAYS
The days of the week, excluding Saturdays, Sundays and recognized
holidays, during which normal business is conducted by the Village
of Indian Point.
YARD
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the wide of a side yard or the
depth of a front yard or a rear yard, the minimum horizontal distance
between the lot line and the main building shall be used.
YARD, FRONT
A yard extending across the front of a lot and being a minimum
horizontal distance between the street or place line and the main
building or any projections thereof other than the projection of the
usual uncovered steps, unenclosed balconies or unenclosed porches.
On corner lots, the front yard shall be considered as parallel to
the street upon which the lot has its least dimension.
YARD, REAR
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projection
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots, the rear yard shall be in the rear of the front yard.
YARD, SIDE
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main buildings or any projections thereof.