For the purposes of this chapter, the following words, phrases, terms and their derivations shall have the meaning given herein and if not defined herein, shall have the definition as set forth in the zoning ordinance of the city.

     Administrative subdivision. See definition of Subdivision.

     Agent. A person legally authorized to act for another.

     Arterial. A street that provides primarily for through traffic movement between areas and across the city, and has a secondary function of direct access to abutting property, subject to necessary control of entrances, exits and curbside use.

     Building. Shall include any part thereof; includes the word Structure.

     Collector. A street that provides for traffic movement between arterials and local streets, and for direct access to abutting property.

     Commission. The Planning and Zoning Commission of the City of Columbia, Missouri.
    

     Common Lot.  A platted lot in a subdivision that is described to the use of more than one lot in the subdivision.

     Comprehensive plan. A series of plans for the physical development of the city, consisting of the urban development goals and objectives, the transportation plan, the land use plan, and other elements the council may wish to include. The comprehensive plan is adopted by the city council pursuant to Section 89.340, RSMo., 1969.

     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 the requirements therefor.

     Cul-de-sac. A street terminated at one (1) end by a widened pavement for the safe and convenient reversal of traffic movement.

     Development. Includes development by cooperative or collective or other similar means of development through common ownership or through the use of lease hold estates.

     Director. The director of planning and development for Columbia, Missouri.

     Director of public work. The director of the department of public works for Columbia, Missouri.

     Easement. Authorization by a property owner for the 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, or installation of streets, sidewalks, sewer, water, gas, electric, telephone or other utility services necessary or advantageous to properly serve the public.

     Estate lane. A local residential street designed to carry light volumes of traffic and to provide access to low density single-family residential and attendant uses.

     Expressway. A street designed to provide for the expeditious movement of large volumes of through traffic across the city, which offers no direct land access function, but has some at-grade intersections.

     Farm. A tract of land consisting of at least two and one-half (2 1/2) acres used for the growing of agricultural crops or raising livestock.

     Final plat. The final map or drawing described in these regulations on which the subdivider's plan of subdivision is presented to the city council for approval and which, if approved, is submitted to the county recorder of deeds for filing.

     Freeway. A street designated to provide for the expeditious movement of large volumes of through traffic across the city, which offers no direct land access function and has gradeseparated intersections.

     Greenspace access easement. A perpetual interest in land as described and dedicated by subdivision plat. Designation of a greenspace access easement shall contain the same restrictions on use of property as a greenspace conservation easement, except that it shall give the public the right of entry to the area for pedestrian use only. The greenspace access easement does not confer any rights to the city to either maintain or develop the easement for recreational use. Designation of a greenspace access easement shall restrict the owner of the underlying fee from erecting barricades which interfere with lawful access. Nothing in this definition shall be construed to prevent the city from acquiring other easements in property encumbered with a greenspace access easement.

     Greenspace conservation easement. A perpetual interest in land described and dedicated on a subdivision plat. By designation of a greenspace conservation easement, no right of entry is given to the city or the public. The use of area contained within a greenspace conservation easement shall be restricted as follows:

    (1)    No development (as defined in section 12A-5 of this Code) of the property shall occur, except for public or private street, driveway, bridge and utility crossings, where needed.

    (2)    No commercial signs or other advertising material shall be placed within the easement area.

    (3)    There shall be no removal of trees, shrubs or other vegetation on the property except for the performance of acceptable timber stand improvement practices such as selective thinning. The following may continue: mowing and cutting or removal of brush or trees necessary to:

        a.    comply with health ordinances;

        b.    maintain stream beds, banks, existing agricultural, scenic or recreational uses; or

        c.    eliminate poisonous or noxious plant material.

    (4)    There shall be no use of the property except for public or private street, driveway, bridge, and utility construction, private, noncommercial agricultural, or private noncommercial recreational uses which do not interfere with the growth of the trees and shrubs located on the easement. Uses and activities which are not allowed in district F-1 (floodplain overlay district) shall be prohibited.

    Nothing in this definition shall be construed to prevent the city from acquiring other easements in property encumbered with a greenspace conservation easement.

     Greenspace trail easement. A perpetual interest in land as described and dedicated by subdivision plat. Designation of a greenspace trail easement shall give the following rights:

    (1)    Constructing or maintaining a permanent hiking or bicycle trail or path with accessory facilities or accommodation.

    (2)    The right of entry of the city to maintain and develop hiking or bicycle trails or paths.

    (3)    The right of entry of the public for pedestrian or bicycle use of the trails or paths which have been constructed within the easement. No right of entry for motor vehicles is granted to the public except for authorized emergency vehicles.

    (4)    The right to construct public street, bridge and utility crossings as needed.

    Nothing in this definition shall be construed to prevent the city from acquiring other easements in property encumbered with a greenspace trail easement.

      Immediately. All land abutting the subject property and extending two hundred (200) feet therefrom or, when such property so defined includes right-of-way, it shall mean all land abutting the right-of-way and extending two hundred (200) feet therefrom.

     Local street. A street designed to provide direct access to abutting properties and to provide for local traffic movement within small areas.

     Lot. A tract or parcel of land which:

    (1)    Is set forth as a lot on an approved recorded plat; or

    (2)    a.    Is zoned A-1, R-1 or R-2, or any combination thereof, and was described by a metes and bounds description accurately describing the location, boundaries and size of the tract on a recorded instrument prior to annexation into the city or prior to October 5, 1964; or

    b.    Is zoned A-1, R-1 or R-2, or any combination thereof, and was described by an accurate written description, recorded prior to annexation into the city or prior to October 5, 1964, that referred to an existing recorded subdivision or existing land survey; or

    c.    Is zoned any district and contains less than one (1) acre of land area and is partially or fully developed with an existing principal building(s) at the time of application for a development permit and was described by a metes and bounds or other written description accurately describing the location, boundaries and size of the tract on a recorded instrument prior to annexation into the City or prior to October 5, 1964; or

    (3)    Is zoned A-1, R-1 or R-2, or any combination thereof, and was described by a recorded survey prior to annexation; or

    (4)    Was platted as a lot in a recorded subdivision plat prior to October 5, 1964, or described by a recorded survey prior to October 5, 1964; or

    (5)    Is a portion of one (1) or more platted lots in a recorded subdivision plat prior to annexation or prior to October 5, 1964; and was described on a recorded instrument prior to annexation or prior to October 5, 1964  and the director, after having consulted with the director of public works and all applicable utility providers, has certified that no additional easements or right-of-way dedications relating to the property are needed .

When a portion of a tract of land is acquired for highway or other public purposes, such division of ownership shall not affect the remainder of the tract in meeting the definition of a lot so long as the original tract met the definition of a lot under one of the above provisions.

For purposes of this definition, the term “recorded” means recorded in the office of the Boone County Recorder of Deeds.

     Major subdivision. See definition of Subdivision.

     Minor subdivision. See definition of Subdivision.

     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.

     Pedway. A path that is physically separated from the roadway and intended for shared use by pedestrians, joggers, skaters and bicyclists.

     Perimeter street. An existing street, one (1) side of which abuts a parcel of land to be subdivided.

     Person. Shall include a corporation, firm, association, syndicate, trust, a partnership and an unincorporated association such as a club.

     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 planning and zoning commission for recommendation and to the city council for approval.

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

     Private Street. A thoroughfare designed to provide vehicular access to two or more lots or parcels which is not dedicated for public use.

     Public improvements. Any drainage ditch, roadway, parkway, storm sewer, sanitary sewer, water main, electric facility, sidewalk, walkway, 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.

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

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

     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.

     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.

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

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

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

     Structure. Includes any part thereof. See definition of Building.

     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.

     Subdivision.

    (1)    The division of a tract or parcel of land into two (2) 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.

    (2)    When appropriate to the context, the term "subdivision" may refer to the land subdivided.

    (3)    Subdivision classifications:

        a.     Minor subdivision. Any subdivision containing not more than five (5) lots fronting on an existing state, county or city street or highway, and not requiring extension or improvement of any street or municipal service.

        b.     Major subdivision. Any subdivision not classified as a minor subdivision or tract split.

        c.     Administrative subdivision. Any resubdivision of previously subdivided nonresidential land in accordance with section 25-31 of this chapter.

     Terminal street. A street ending at a cul-de-sac.

      Through street. A public street which is not a cul-de-sac street and which provides vehicular access from an area internal to a subdivision, to the city's major thoroughfare system as shown on the major thoroughfare plan.

     Tract split. Any subdivision which involves division of a tract of land for sale or transfer but not for development containing not more than five (5) tracts, fronting on existing state, county or city streets or highways.

     Transportation plan. An element of the comprehensive plan for the city describing transportation policies for all modes of travel. The major thoroughfare plan, a part of the transportation plan, shows the approximate location of existing and proposed collector streets, arterial streets, expressways and freeways throughout the city.

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

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

(Code 1964, § 19.515; Ord. No. 10099, § 1, 3-5-84; Ord. No. 10414, § 1, 1-7-85; Ord. No. 13602, § 1, 3-1-93; Ord. No. 14828, § 1, 5-6-96; Ord. No. 15847, § 1, 1-4-99; Ord. No. 17860, § 1, 10-6-03; Ord. No. 018097, § 1, 6-7-04; Ord. No. 18814, § 1, 12-19-05; Ord. No. 18840, § 1, 1-3-06 )