[R.O. 2004 § 410.010; Ord. No. 2.56 § 3(Art. 1 § 1.01), 1-9-2001]
These regulations, including all
appendices made a part hereof, shall be known and may be cited as
the "Mount Vernon Subdivision Regulations" and shall hereinafter be
referred to as "these regulations."
[R.O. 2004 § 410.020; Ord. No. 2.56 § 3(Art. 1 § 1.02), 1-9-2001]
These regulations shall apply to
all land located within the incorporated area of Mount Vernon, Missouri.
[R.O. 2004 § 410.030; Ord. No. 2.56 § 3(Art. 1 § 1.03), 1-9-2001]
A.
Planning And Zoning Commission. The Planning and Zoning Commission of the City of Mount Vernon, Missouri, is vested with the authority to review, approve, conditionally approve and disapprove applications for the subdivision of land per these regulations. The Planning and Zoning Commission may grant variances from these regulations pursuant to the provisions of Section 410.380.
B.
Governing Body. The Governing Body of the
City of Mount Vernon, Missouri, is vested with the authority to accept
or refuse the dedication of land for public purposes.
[R.O. 2004 § 410.040; Ord. No. 2.56 § 3(Art. 1 § 1.04), 1-9-2001]
In order that land may be subdivided
in accordance with these purposes and policies, these regulations
are hereby adopted and made effective as of January 9, 2001. All applications
for subdivision approval, including final plats, pending on the effective
date of these regulations shall be reviewed under these regulations
except that these regulations will not apply if preliminary plat approval
was obtained prior to the effective date of these regulations, unless
the Planning and Zoning Commission determines that application of
these regulations is necessary to avoid a substantial risk of injury
to public health, safety and general welfare.
[R.O. 2004 § 410.060; Ord. No. 2.56 § 3(Art. 1 § 1.06), 1-9-2001]
The purpose and intent of these regulations
is to provide for the harmonious development of the community and
the surrounding area; to provide for the proper location and width
of streets, building lines, open spaces, safety and recreation facilities,
utilities, drainage and for the avoidance of congestion of population
through application of minimum lot width, depth and area and the compatibility
of design requirements; to require and fix the extent to which and
the manner in which streets shall be graded and improved and water,
sewer, drainage and other utility mains and piping or connections
or other physical improvements shall be installed; and to provide
for and secure the actual construction of such physical improvements.
[R.O. 2004 § 410.070; Ord. No. 2.56 § 3(Art. 1 § 1.07), 1-9-2001]
The owner or owners of any land located within the jurisdiction of these regulations subdividing said land into two (2) or more lots and blocks or tracts or parcels for the purpose of laying out any subdivisions, suburban lots, building lots, tracts or parcels or any owner of any land establishing any street, alley, park or other property intended for public use or for the use of purchasers or owners of lots, tracts or parcels of land fronting thereon or adjacent thereto shall cause a plat to be made in accordance with these regulations, unless exempted under Section 410.080. In addition, these regulations shall apply to the issuance of a building permit.
[R.O. 2004 § 410.080; Ord. No. 2.56 § 3(Art. 1 § 1.08), 1-9-2001]
A.
These regulations shall not apply in the
following instances:
1.
A change in the boundary between
adjoining lands which does not create an additional or substandard
lot.
2.
Land used for street or railroad
right-of-way, a drainage easement or other public utilities subject
to local, State or Federal regulations where no new street or easement
of access is involved.
3.
Any resubdivision of lots, parcels
or tracts must be done in accordance with these regulations.
4.
Any transfer by operation of law.
5.
Lots that have been previously platted
and zoned for industrial purposes may be divided into two (2) or more
tracts without replatting or resubdividing such lots in conformance
with these regulations.
[R.O. 2004 § 410.090; Ord. No. 2.56 § 3(Art. 1 § 1.09), 1-9-2001]
A.
Interpretation. In their interpretation
and application, the provisions of these regulations shall be held
to be the minimum requirements for the promotion of the public health,
safety and general welfare. These regulations shall be construed broadly
to promote the purpose for which they are adopted.
1.
Public Provisions. These regulations
are not intended to interfere with, repeal or annul any other ordinance,
rule or regulation, Statute or other provision of law except as provided
in these regulations. Where any provision of these regulations imposes
restrictions different from those imposed by any other provisions
of these regulations or any other ordinance, rule or regulation or
other provision of law, the provision that is more restrictive or
imposes higher standards shall control.
2.
Private Provisions. These regulations
are not intended to repeal any easement, covenant or any other private
agreement or restriction, provided that where the provisions of these
regulations are more restrictive or impose higher standards or regulations
than such an easement, covenant or other private agreement or restriction,
the requirements of these regulations shall govern. Where the provisions
of the easement, covenant or private agreement or restriction impose
duties or obligations more restrictive or standards that are higher
than the requirements of these regulations or the determinations of
the Planning and Zoning Commission or the Governing Body in approving
a subdivision or in enforcing these regulations and the private provisions
are not inconsistent with these regulations, then the private provisions
shall be operative and supplemental to these regulations and the determinations
made under the regulations.
[R.O. 2004 § 410.100; Ord. No. 2.56 § 3(Art. 1 § 1.14), 1-9-2001]
All plans, plats or replats of land
laid out in building lots and the streets, alleys or other portions
of the same intended to be dedicated for public use or for the use
of purchasers or owners of the lots fronting thereon or adjacent thereto
shall be submitted to the Mount Vernon Planning and Zoning Commission
and Board of Aldermen for their official review and action as applicable
per these regulations. The Recorder of Deeds shall not record any
plat, as required by law, until such plat is approved by the Planning
and Zoning Commission and Governing Body and is signed by the Chairman
and Secretary of the Planning and Zoning Commission, by the Mayor,
City Clerk and City Engineer of the City of Mount Vernon, Missouri,
and the Fire Chief or other authorized personnel of the applicable
fire protection district.
[R.O. 2004 § 410.110; Ord. No. 2.56 § 3(Art. 1 § 1.15), 1-9-2001]
All final plats shall be prepared
and stamped by a professional surveyor licensed in the State of Missouri.
[R.O. 2004 § 410.120; Ord. No. 2.56 § 3(Art. 3 §§ 3.01 —
3.02), 1-9-2001; Ord.
No. 2.88 § 1, 8-12-2003]
A.
Usage.
1.
For the purpose of these regulations, certain numbers, abbreviations, terms and words shall be used, interpreted and defined as set forth in Subsection (B).
2.
Unless the context clearly indicates
to the contrary, words used in the present tense include the future
tense and words used in the plural include the singular.
B.
ALLEY
APPLICANT
BLOCK
BOARD OF ALDERMEN
BOND
BUILDING
BUILDING INSPECTOR
CASH IN LIEU OF LAND
CERTIFICATE OF OCCUPANCY
CERTIFY
CITY
CITY ENGINEER
COMMON OWNERSHIP
CONSTRUCTION DOCUMENTS
CUL-DE-SAC
DEDICATION
DEVELOPER
EASEMENT
ESCROW
ESCROW AGENT
FAIR MARKET VALUE
FRONTAGE
GOVERNING BODY
HOMEOWNERS' ASSOCIATION
IMPROVEMENT
LOT
LOT SPLIT
OFF-SITE
OWNER
PERSON
PLANNING AND ZONING COMMISSION
PLAT, FINAL
PLAT, PRELIMINARY
PLAT SKETCH
PLOT
PROFESSIONAL SURVEYOR
PROPERTY OWNERS' ASSOCIATION
PUBLIC UTILITIES
RESUBDIVISION
RIGHT-OF-WAY
SALE or LEASE
SAME OWNERSHIP
SANITARY SEWER SYSTEM
SETBACK
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, DEAD-END
STREET, RESIDENTIAL AND MAJOR RESIDENTIAL
STREET, MARGINAL ACCESS
STRUCTURE
SUBDIVIDER
1.
2.
3.
4.
SUBDIVISION
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SUBDIVISION REGULATIONS
SUBDIVISION, STAGED
TRACT
VESTED RIGHTS
ZONING ADMINISTRATOR
Specific
Definitions. As used in this Chapter, the following terms shall have
these prescribed meanings:
A public or private right-of-way designed to serve as primary
vehicular access to the side or rear of those properties whose principal
frontage is on some other street.
The owner of land proposed to be subdivided or its representative
who shall have express written authority to act on behalf of the owner.
Consent shall be required from the legal owner of the premises. See
also "developer," "owner" and "subdivider."
A tract of land entirely surrounded by streets or by a combination
of streets and public rights-of-way or as otherwise determined by
the Planning and Zoning Commission or its authorized representative.
See "Governing Body."
Any form of security, including a cash deposit, surety bond,
collateral, property or instrument of credit, in an amount and form
satisfactory to the Governing Body. All bonds shall be approved by
the Governing Body wherever a bond is required by these regulations.
See "structure."
The person or persons authorized and empowered by the Board
of Aldermen to administer and enforce the permitting and inspecting
process within the City.
Payment of money into fund earmarked by the City of Mount
Vernon to provide for acquisition of facilities off-site in place
of dedicating land or providing such facility on site.
An official certification indicating that a use or building
(as built) conforms to the provisions of these regulations and may
be used or occupied.
Whenever these regulations require that an agency or official
certify the existence of some fact or circumstance, the City of Mount
Vernon by administrative rule may require that such certification
be made in any manner, oral or written, which provides reasonable
assurance of the accuracy of the certification.
The City of Mount Vernon, Missouri.
The licensed engineer designated by the Governing Body to
furnish engineering assistance for the administration of these regulations.
Ownership by the same person, corporation, firm, entity,
partnership or unincorporated association; or ownership by different
corporations, firms, partnerships, entities or unincorporated associations
in which a stockbroker, partner or associate or a member of his/her
family owns an interest in each corporation, firm, partnership, entity
or unincorporated association.
The maps or drawings showing the specific location and design
of improvements to be installed in a subdivision in accordance with
the requirements of the Planning and Zoning Commission as a condition
of the approval of the plat.
A local street with only one (1) outlet that terminates in
a vehicular turnaround and having an appropriate terminal for the
safe and convenient reversal of traffic movement.
The transfer of private to public or common ownership for
a public purpose. The transfer may be in fee simple title or less
than fee simple interest, including easements. Dedication requires
the acceptance of the interest to be complete.
The owner of land proposed to be subdivided or its representative
who is responsible for any undertaking that requires review and/or
approval under these regulations. See also "owner" and "subdivider."
A permanent or temporary grant of right by a property owner
to the public, a corporation or other persons of the use of a portion
of a lot or tract of land for specified purposes where title to said
portion of the lot or tract of land remains with the landowner.
A deposit of cash with the local government or escrow agent
to secure the promise to perform some act.
A title company, bank, savings and loan association, trust
company, attorney or any other person or agency approved by the City
to act as an escrow agent.
The fair market value of a designated unit at the time such
value is approved by the Governing Body.
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street.
The duly elected Mayor and Board of Aldermen of the City
of Mount Vernon.
See "property owners' association."
Any roadway, drainage ditch, sidewalk, pedestrianway, parkway,
tree lawn, off-street parking area, lot improvement or other facility
for which the City of Mount Vernon may ultimately assume the responsibility
for maintenance and operation or which may affect an improvement for
which the City of Mount Vernon responsibility is established.
A tract, plot or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership or possession or for building development.
The division of a single lot into not more than two (2) tracts,
per these regulations, without having to resubdivide said lot, providing
that the resulting lots shall not again be divided without replatting.
Any premises not located within the area of the property
to be subdivided, whether or not in the common ownership of the applicant
for subdivision approval.
The record owners of the fee or a vendee in possession, including
any person, group of persons, firm or firms, corporation or corporations
or any other legal entity having legal title to or sufficient proprietary
interest in the land sought to be subdivided under the definition
of "same ownership."
Any individual or group of individuals or any corporation,
general or limited partnership, joint venture, unincorporated association
or governmental or quasi-governmental entity.
The Mount Vernon City Planning and Zoning Commission.
A drawing of a permanent nature showing the precise location
and dimension of such features as streets, lots, easements and other
elements pertinent to transfer of ownership and prepared to be recorded
after approval by the Planning and Zoning Commission and including
any accompanying material as described in these regulations.
A drawing described in these regulations showing the proposed
general patterns of streets, lots and land uses within a tract to
be subdivided indicating the proposed manner or layout of the subdivision
to be submitted to the Planning and Zoning Commission for approval.
A sketch preparatory to the preliminary plat (or final plat
in the case of minor subdivisions) to enable the subdivider to save
time and expense in reaching general agreement with the Zoning Administrator
as to the form of the plat and the objectives of these regulations.
One (1) or more contiguous parcels of land under single ownership
or control designated by its owner, at the time of filing an application
for a building permit, as a tract to be used, developed or built upon
as a unit. It may or may not coincide with the deed description thereof
or the boundaries of the same as shown on a map thereof filed for
record or otherwise and it may subsequently be subdivided into two
(2) or more plots, provided all such plots conform to all the regulations
of the district. The boundaries of any plot for which a building permit
or certificate of occupancy is requested shall be accurately drawn
on the application therefor.
A practicing surveyor licensed in the State of Missouri.
An association or organization, whether or not incorporated,
which operates under and pursuant to recorded covenants or deed restrictions,
through which each owner of a portion of a subdivision — be
it a lot, parcel site, unit plot, condominium or any other interest —
is automatically a member as a condition of ownership and each such
member is subject to a charge or assessment for a prorated share of
expense of the association which may become a lien against the lot,
parcel, unit, condominium or other interest of the member.
Publicly owned or regulated utilities, including water, sewer,
telephone, gas and electric.
The act of amending or changing an approved final plat, including
any change in any street layout or other public improvement, any lot
line, the amount of land reserved for public use or the common use
of lot owners or any easements shown on the approved plat.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main or for another
special use. The usage of the term "right-of-way" for land platting
purposes shall mean that every right-of-way hereafter established
and shown on a final plat is to be separate and distinct from the
lots or parcels adjoining such right-of-way and are not included within
the dimensions or areas of such lots or parcels. Rights-of-way intended
for streets, crosswalks, water mains, sanitary sewers, storm drains
or any other use involving maintenance by a public agency shall be
dedicated to public use by the maker of the plat on which such right-of-way
is established.
Any immediate or future transfer of ownership or any possessory
interest in land, including contract of sale, lease, devise or other
transfer of an interest in a subdivision or part thereof, whether
by metes and bounds or lot and block description.
Ownership by the same person, corporation, form, entity,
partnership or unincorporated association; or ownership by different
corporations, firms, partnerships, entities or unincorporated associations,
in which a stockholder, partner or associate or a member of his/her
family owns an interest in each corporation, firm, partnership, entity
or unincorporated association.
A totally enclosed system consisting of an underground collection
system and a treatment system so installed that when the treatment
is completed, the affluent discharge meets the standard of the jurisdictional
health agency.
The required minimum horizontal distance between the structure
line and the related front, side or rear property line.
A way set aside for vehicular traffic, regardless of size
or designation, but excluding private driveways serving only one (1)
parcel of land.
A street or highway designed or utilized primarily for high
vehicular speeds or for heavy volumes of traffic.
A street that carries or will carry intermediate volumes
of traffic from local streets to arterial streets.
A street or a portion of a street with only one (1) vehicular-traffic
outlet. See also "cul-de-sac."
A street that is used or will be used primarily for access
to abutting properties and which carry or will carry limited volumes
of traffic.
A street that is parallel to and adjacent to arterial streets
and highways and that serves to reduce the number of access points
to the arterial streets and thereby increase traffic safety.
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, but not including fences or public
items such as utility poles, street light fixtures and street signs.
Any person who:
Having an interest in land, causes
it, directly or indirectly, to be divided into a subdivision; or who
Directly or indirectly, sells, leases
or develops or offers to sell, lease or develop or advertises for
sale, lease or development any interest, lot, parcel, site, unit or
plot in a subdivision; or who
Engages directly or through an agent
in the business of selling, leasing, developing or offering for sale,
lease or development a subdivision or any interest, lot, parcel, site,
unit or plot in a subdivision; and who
Is directly or indirectly controlled
by or under direct or indirect common control with any of the foregoing.
Any land, vacant or improved, which is divided or proposed
to be divided into two (2) or more lots, parcels, sites, units, plots
or interests for the purposed of offer, sale, lease or development
either on the installment plan or upon any and all other plans, terms
and conditions, including resubdivision. Subdivision includes the
division or development of residential and non-residential zoned land,
whether by deed, metes and bound description, map, plat or other recorded
instrument.
A contract entered into by the applicant and the Governing
Body by which the applicant promises to complete the required public
improvements, as specified within these regulations, within the subdivision
within a specified time period following final subdivision plat approval.
All subdivisions not classified as minor subdivisions.
Any subdivision containing not more than five (5) 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 term "subdivision regulations" or "these regulations"
shall mean the requirements stipulated in this Chapter and shall mean
the lawfully adopted subdivision regulations of the City of Mount
Vernon.
Any subdivision within a drainage sub-basin in which public
sewer is projected to be developed in the future, but for which it
is not feasible to provide public sewer at the time of development
and meeting the requirements of these regulations.
A lot. The term "tract" is used interchangeably with the
term "lot," particularly in the context or subdivision, where a tract
is subdivided into several lots, parcels, sites, plots, tracts or
interests. See also "lot" and "plot."
Right to initiate or continue the establishment of a use
which will be contrary to a restriction or regulation coming into
effect prior to or following completion of the project associated
with the use.
The person or persons authorized and empowered by the Board
of Aldermen to administer the requirements of these zoning regulations.
