Section 25-3 Definitions; rules of construction.
Prior to the adoption of Ord. 17860 on 10/06/2003, Section 25-3 read as follows.
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.
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,
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
Farm. A tract of land consisting of at least two and one-half (2 1/2) acres used for the growing
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
Frontage road. A street which is parallel and immediately adjacent to
an arterial street,
expressway or freeway, and which provides a means of access to abutting properties that are
separated from through traffic.
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
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
(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:
with health ordinances;
stream beds, banks, existing agricultural, scenic or recreational uses; or
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
a Is zoned A-1, R-1 or R-2 and was described by a metes and bounds or
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;
b Is zoned R-3, contains less than one (1) acre of land area, 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 or R-1 and
by a recorded survey prior to annexation or is
zoned any district and was described by a recorded survey was platted in a recorded subdivision
plat prior to annexation into the city October 5, 1964; 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
(5) Is a portion of one or more platted lots in a recorded subdivision
plat prior to annexation or
prior to October 5, 1964; was described on a recorded instrument prior to annexation or prior to
October 5, 1964; is described by a recorded survey; 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
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
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
Perimeter street. An existing street, one (1) side of which abuts a parcel of land to be
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
not itself a public right-of-way.
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
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
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.
(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:
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.
Major subdivision. Any subdivision not classified as a minor subdivision or tract split.
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
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
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
(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)