§ 1. Definitions.

(1)

For this purpose, certain words and terms are herewith defined; the singular includes the plural and the plural includes the singular, the word "shall" is mandatory and not directory.

(2)

Access management manual. The document known as Boonville, Missouri Access Management Manual adopted by the City Council of the City of Boonville.

(3)

Alley. A public or private right-of-way permanently reserved as a secondary means of access to abutting property from a street or road.

(4)

Block. A piece or parcel of land entirely surrounded by public highway, streets, streams, railroad rights-of-way or parks, etc., or a combination thereof.

(5)

Building. See also "principal building". Means anything built, constructed or erected having a roof supported by columns or walls for the housing or enclosure of persons animals, or chattel, including, but not limited to, structures.

(6)

Building line. A line on a plat between which line and a street no building or structure may be erected. The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line.

(7)

City council. The governing body of the City of Boonville, Missouri.

(8)

City engineer. The person responsible to perform the duties of the city engineer including any and all consulting engineers who may be appointed by the governing body.

(9)

Commission. The Planning and Zoning Commission of the City of Boonville.

(10)

Comprehensive plan. The latest comprehensive plan made and adopted by the commission and city council indicating the general locations recommended for the streets, parks, public buildings, zoning districts and all other public improvements.

(11)

Construction plan. The maps or drawings accompanying a subdivision plat and showing the specific location and design of proposed public improvements to be installed in the subdivision, in accordance with requirements set out herein.

(12)

Cul-de-sac. A minor street, greater than 200 feet in length, terminated at one end by a circular turnaround for the safe and convenient reversal of traffic movement.

(13)

Development. The division of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, any mining, excavation, landfill or land disturbance and any use or extension of the use of land.

(14)

Easement. Authorization by a property owner for the right of use by another party, for a specified purpose of any designated part of said property. It shall include, but not necessarily be limited to, property designated for installation of storm sewers or drainage ditches or along a natural watercourse, preservation of the channel to provide for flow of water therein, installation of streets, sidewalks, sewer, water, gas, electric, telephone or other utility services necessary or advantageous to properly serve the public and allow access for maintenance and repair thereof.

(15)

Director of public works. The Director of the Department of Public Works for the City of Boonville.

(16)

Final plat. The final map or drawing described in these regulations on which the plan of subdivision is presented to the city council for approval and which, if approved, is submitted to the Cooper County Recorder of Deeds for filing.

(17)

Local service street. A street whose primary purpose is to provide access between abutting properties and roads of higher functional classification.

(18)

Lot. A portion of land in a subdivision, or tract or other parcel of land, intended as a unit for transfer of ownership or for development that complies with applicable standards.

(19)

Major street. A street intended to serve as a major traffic way and designated as a thoroughfare or collector in the comprehensive plan.

(20)

Minor street. A street intended to serve the local needs of an area and not designated as a major street in the comprehensive plan.

(21)

Minor subdivision. Any subdivision divided into two but not more than five lots with a minimum of 50 feet or 75 percent of the lots total frontage, whichever is the greater, to front on an existing, permanently improved and accepted city street and not involving any new street, road or extension of city services.

(22)

Open space. An area of land, water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways, private roads, off street parking, loading areas, required front, rear or side yards.

(23)

Parcel. A continuous quantity of land in the possession of, or owned by, or recorded as the property of the same person or persons.

(24)

Owner. Any person or other entity having legal title to or a sufficient proprietary interest to legally effectuate transfer of the property sought to be subdivided. Proprietary interest shall include, but not be limited to, estate administration, trusteeship, guardianship, and actions under a valid power of attorney. Proprietary interest shall not include an agency or a bare employment relation.

(25)

Pedestrian way. A right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.

(26)

Preliminary plat. The preliminary map or drawing described in and meeting the requirements of these regulations, indicating the proposed manner or layout of a subdivision to be submitted to the commission for recommendation and to the city council for approval.

(27)

Principal building. A building in which the primary use of the lot on which the building is located is conducted.

(28)

Private drive. A nondedicated entrance to a lot, or an interior circulation driveway within a lot, not itself a public right-of-way.

(29)

Public improvements. Any drainage ditch, roadway, parkway, storm sewer, sanitary sewer, water main, electric facility, sidewalkway, tree, lawn, off-street parking area, lot improvement, or other facility for which the city may assume the responsibility for maintenance and operation, or which may constitute an improvement for which city responsibility is subsequently established by the city council.

(30)

Registered professional engineer. A person licensed to practice engineering in the State of Missouri.

(31)

Registered land surveyor. A person licensed to practice surveying in the State of Missouri.

(32)

Right-of-way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary sewer main, or for other similar uses. The usage of the term "right-of-way" for land platting purposes shall mean that right-of-way hereafter established and shown on a final plat to be separate and distinct from lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels.

(33)

Sale. Any transfer of fee ownership, or any transfer of use rights conferring exclusive possession for purpose of building development whether by metes and bounds, deed, contract, plat, map or other written instrument.

(34)

Setback. A line specifically established upon the plat or established by the city's zoning ordinance, which identifies an area into which no part of a building or structure shall project, except as provided by the city's zoning ordinance.

(35)

Sidewalk. A constructed, dedicated and accepted pedestrian way for public use, generally to provide for pedestrian circulation along streets and highways.

(36)

Stormwater management plan. The stormwater management plan adopted by the City Council of the City of Boonville, also known as Appendix E of the Code of General Ordinances.

(37)

Street. A dedicated and accepted thoroughfare for public use, which affords principal means of access, directly or indirectly, to abutting properties.

(38)

Street specifications. The street specifications adopted by the City Council of the City of Boonville, also known as Appendix B of the Code of General Ordinances.

(39)

Structure. Includes any part thereof. See definition of "building".

(40)

Subdivider. Any owner, or the authorized agent or employee of an owner, who commences proceedings to effectuate a subdivision of property under this chapter either for himself or on behalf of the owner or any group or association of all the owners of such property.

(41)

Subdivision.

(a)

The division of a tract or parcel of land into two or more lots, tracts or parcels for sale or development or, if a new street is involved, any division of a lot, or a tract or parcel of land;

(b)

Any land, vacant or improved, as to which more than one interest, whether joint, several, or joint and several, is or is to be conveyed for the purpose of sale, lease, investment or development;

(c)

The sale, lease, division or development of zoned land whether by deed, metes and bounds, description, map, plat or other instrument;

(d)

Major subdivision. Any subdivision not classified as a minor subdivision or resubdivision of subdivided land; and

(e)

Minor subdivision. Any subdivision containing not more than five lots fronting on an existing state, county or city street or highway, and not requiring extension or improvement of any street or municipal service.

(42)

Used or occupied. Shall be construed to include the words "intended, arranged or designed to be used or occupied."

(43)

Walkway. A pedestrian way designed to provide pedestrian access to abutting properties. It shall be considered a public walkway if located within a dedicated right-of-way and accepted for public maintenance.

(44)

Zoning regulations. The zoning code adopted by the City Council of the City of Boonville, also known as Appendix C of the General Code of Ordinances.

(Ord. No. 4059, § 1, 8-16-07)