ORDINANCE NO. 920274
Amending Chapter 31, Code of General Ordinances of Kansas
City, Missouri, commonly known as the Subdivision Regulations, by repealing
Section 31.3, Definitions, and enacting in lieu thereof a new section of like
number and subject matter. (141-S-9)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 31, Code of General
Ordinances of Kansas City, Missouri, commonly known as the Subdivision
Regulations, by repealing Section 31.3, Definitions, and enacting in lieu
thereof a new section of like number and subject matter to read as follows:
Section 31.3. Definitions.
(A) General Definitions: For the purpose of these
regulations, certain numbers, abbreviations, terms and words used herein shall
be used, interpreted and defined as set forth in this section. Unless the
context clearly indicates to the contrary, words used in the present tense
include the future tense; words used in the singular number include the plural;
and words used in the plural number include the singular; the word
"herein" means "in these regulations"; the word
"regulations" means "these regulations". A
"person" includes a corporation, a partnership, and an unincorporated
association of persons such as a club; "shall" is always mandatory; a
"building" includes a "structure"; a "building"
or "structure" includes any part thereof; "used" or
"occupied" as applied to any land or building shall be construed to
include the words "intended, arranged, or designed to be used or
(B) Specific Words and Terms Defined:
(1) Alley: A public or private right-of-way
designed to serve as secondary access to the side or
rear of those properties whose principal frontage is on some street.
(2) Applicant: The owner of land proposed to
subdivided, or his representative with his consent.
(3) As-built drawings or plans: Reproducible
sealed, signed and certified by a Missouri
registered professional engineer; showing the horizontal and vertical
alignment of the completed facilities including any changes or deviations
from the approved plans.
(4) Block: A tract of land bounded by
streets, or by a
combination of streets and public parks, cemeteries,
railroad rights-of-way, shoreline or waterways, or boundary lines of
(5) Bond: A form of surety or guaranty
contains the promise of a third party, usually a
bonding company, to complete or pay for the cost of completion of
public improvements if the developer defaults. The amount of the bond
shall be determined by the City Engineer in a form satisfactory to the
(6) Building: Any structure built for the
shelter, or enclosure of persons, animals, chattels,
or movable property of any kind, and includes any structure.
(7) City: The City of Kansas City, Missouri.
(8) City Plan Commission: See "Plan
(9) Collector roads: See "Street,
(10) Community unit project: A residential
development as provided for in the Zoning Ordinance.
(11) Comprehensive plan: See "Master
(12) Condominium: A system of separate
individual units in multiunit building with each
unit owner entitled to a percentage ownership in the common elements
evidenced by the recording of a plat and declaration of condominium
pursuant to Chapter 448, RSMo, as amended.
(13) Construction plan: The maps or drawings
a registered professional engineer accompanying a
subdivision plat and showing the specific location and design of
improvements to be installed in the subdivision in substantial accordance
with the requirements of the City Engineer and the City Plan Commission as
a condition of the approval of said plat.
(14) Counselor, City: The chief legal officer
City or his designated assistant.
(15) Cul-de-sac: A local street with only one
and having a terminal for the safe and convenient
reversal of traffic movement.
(16) Developer: See "Subdivider".
(17) Easement: Authorization by a property
owner for the
use by another, and for a specified purpose of any
designated part of his property.
(18) Engineer, registered professional: See
(19) Escrow holder: Any person having the
power to act
as an escrow agent. All escrow holders shall be
selected by the applicant subject to the approval by the Director of
(20) Final plat: The map or plat of a
any accompanying materials, as described in these
(21) Floodplain: The channel of a river or
lake or other body of water and the land adjacent
thereto, regardless of physical obstructions, which is subject to
inundation in the event of a regulatory flood as defined by Section 40.1,
Code of General Ordinances.
(22) Frontage: That side of a lot abutting on
and ordinarily regarded as the front of the lot, but
it shall not be considered as the ordinary side of a corner lot.
(23) Grade: The slope of a road, street or
way, specified in percent of vertical to
(24) Group housing project: A residential plan
development as provided in the Zoning Ordinance.
(25) Improvements: See "Lot
Improvement" or "Public
(26) Individual sewage disposal system: A
seepage tile sewage disposal system or any other
sewage treatment device approved by the appropriate City departments
or state agency.
(27) Local road: See "Street,
(28) Lot: A tract, plot or portion of a
other parcel of land intended as a unit for the
purpose, whether immediate or future, of transfer of ownership or for
(29) Lot, corner: A lot situated at the
two (2) streets, the interior angle of such
intersection not exceeding one hundred thirty-five (135) degrees.
(30) Lot improvement: Any building, structure,
work of art, or other object or improvement of the
land on which they are situated constituting a physical betterment of
real property, or any part of such betterment.
(31) Lot split: A subdivision of land for the
transfer of ownership which does not contain more
than three (3) 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
development of the remainder of the parcel or adjoining property and not
in conflict with any provision or portion of the master plan, major street
plan, zoning ordinance or these regulations.
(32) Major street plan: The plan established
City, pursuant to Section 89.480 of the Revised
Statutes of Missouri, showing the general alignment and functional
classification of streets, highways and parkways of an ultimate urban
arterial network. The purpose of this plan is to guide development of the
arterial street network and to identify appropriate street rights-of-way
to be secured at the time of subdivision platting. The plan may be
amended, added thereto or otherwise refined by the subdivision
platting process or by the Plan Commission and City Council.
(33) Master plan: A comprehensive plan for
of the City or any of its geographical parts,
prepared and adopted by the Plan Commission, pursuant to Section 89.340
of the Revised Statutes of Missouri, and includes any part of such
plan separated adopted and any amendment to such plan or parts thereof.
(34) Minor subdivision: The further
subdividing of a
platted lot or lots within community unit projects,
group housing projects or District PD or Districts GP-4 through GP-
6, all as defined in the Zoning Ordinance.
(35) Missouri Department of Natural Resources:
official state agency delegated to regulate drinking
water quality, sanitary sewerage and air quality control.
(36) Municipality: For the purposes of these
regulations, it shall mean Kansas city and any other
body politic, whether it be a city, town, village or political
subdivision of this state, organized under the Constitution of Missouri or
under the laws of this state and by law for decision of the highest court
of this state determined to be a municipal corporation.
(37) Off-site: Any premises not located within
of the property to be subdivided whether or not in
the same ownership of the applicant for subdivision approval.
(38) Official master plan: See "Master
(39) Open space: That space remaining on a lot
not occupied by buildings, structures, parking areas
or driveways and which is either landscaped with shrubs or planted
with grass. That area which is used for intensive recreation purposes
such as playground equipment or organized activities is not to be
considered as open space.
(40) Owner: Any person, group of persons, firm
corporation or corporations, or any other legal
entity having legal title in the land sought to be subdivided under
(41) Plan Commission: The City Plan Commission
established in accordance with the Charter of Kansas
(42) Plat: A scale drawing showing the
boundaries of individual parcels of land subdivided
into lots, with streets, alleys, easements, street grades, etc. The
drawing represents the lines surveyed, established, retraced, or
resurveyed; the direction and length of each such line, the relationship
to adjoining official surveys; the boundaries and area of the land
subdivided. Also see "Final Plat" and "Preliminary
(43) Plats Review Committee: A committee,
Article II, Section 31.9, of these regulations,
composed of representatives of various City departments involved in
the platting process with the designated functions of assisting in
the subdivision of land.
(44) Preliminary plat: A preliminary plat, map
drawing on which the layout, design and other
pertinent facts about the proposed subdivision are shown. The
preliminary plat illustrates the applicant's ideas and intentions in
the proposed subdivision and outlines graphically, and to the extent
necessary describes in writing, the existing conditions of the site. The
preliminary plat consists of two (2) basic parts: (1) being the general
location map of the vicinity and (2) a detailed sketch plan drawn to scale
showing the proposed layout for all features in the subdivision.
(45) Primary arterial: See "Streets, Major".
(46) Public improvement: Any drainage ditch,
parkway, storm sewer, sanitary sewer, water main,
sidewalk, pedestrian way, tree, lawn, off-street parking area, lot
improvement or other facility for which the City may ultimately assume the
responsibility for maintenance and operation or which may affect an
improvement for which City responsibility is established provided,
however, that the Director of Water shall have the sole responsibility for
approval of the location and design of extensions of the water
distribution system in accord with Article III, Section 31.19, of these
(47) Registered land surveyor: A land surveyor
licensed and registered in the State of Missouri.
(48) Registered professional engineer: An
properly licensed and registered in the State of
(49) Resubdivision: A change in map of a
subdivision plat if such change affects any street
layout shown on such map, or area reserved thereon for public use, or
any lot line; or if it affects any map or plan legally recorded prior to
the adoption of any regulations controlling subdivisions.
(50) Right-of-way: A strip of land occupied or
to be occupied by a street, crosswalk, railroad,
road 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 not included within the dimensions or areas of such lots
or parcels. Right-of-way intended for streets, crosswalks or any other
special 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
(51) Roadway: The paved portion of street
between the curbs.
(52) Sale or lease: Any immediate or future
ownership, including contract of sale or transfer of
an interest in a subdivision or part thereof, whether by metes and
bounds, deed, contract, plat, map or other written instrument.
(53) Same ownership: Ownership by the same
corporation, firm, 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 family owns as
interest in each corporation, firm, partnership, entity or unincorporated
(54) Screening: Either:
(a) A strip densely planted (or having
natural growth) with shrubs or trees at least
feet high at the time of planting, of a type
form a year-around dense screen at least six
(b) An opaque wall or barrier or
fence at least six (6) feet high.
Any variation to item (a) or (b) above for purposes
of architectural or design consideration must be approved on the
(55) Secretary of the City Plan Commission:
of City Development of the City of Kansas City,
(56) Service road: A minor street which is
parallel to and adjacent to major streets,
trafficways, highways or railroad rights-of-way; and which provides
access to abutting properties and protection from through traffic.
(57) Setback: The distance a building and the
line nearest thereto.
(58) Setback line or building line: A line
established which is, in general, parallel to and
set back from the street right-of-way line, which identifies an area
into which no part of the building shall project except as provided in
Chapter 65, of the Revised Ordinances of Kansas City or Chapter 39, Code
of General Ordinances.
(59) Shade tree: A tree in a public place,
special easement adjoining a street as provided in
(60) Street classifications: An assignment of
character and carrying capacity to streets and
highways officially given in the major street plan adopted by the
(61) Street, collector: A street providing
movement between major streets and local streets and
direct access to abutting property.
(62) Street, dead-end: A street similar to a
but providing no turnaround at its closed end.
(63) Street, expressway: A street designed to
for the expeditious movement of large volumes of
through traffic between areas across the City, and not intended to
provide local access service. Expressways are identified in the major
street plan and are given a functional designation as either
"freeways" or "expressways".
(64) Street, local: A street providing direct
abutting property, and for local traffic movement
within small areas. The function of a local street generally terminates
at collectors or, in some instances, major streets; however, the
prime function is to serve abutting properties.
(65) Street, major: A street providing through
movement between areas and across the City and
direct access to abutting property, subject to necessary control of
entrances, exits and curb use. Major streets are identified on the major
street plan and are given a function designation as either
"primary" or "secondary" arterials.
(66) Streets, perimeter: Existing traveled
whether improved to City standards or not, and with
or without dedicated rights-of-way, and located along the periphery
of the proposed development.
(67) Street, private: A roadway or street used
internal vehicular circulation within a development,
which has been identified as such on the development plan or
preliminary plat and is located within the access easement recorded on
(68) Street, residential: See "Street,
(69) Structure: Any construction above or
(70) Subdivider: Any person who, (1) having an
in land, causes it, directly or indirectly, to be
divided into a subdivision or who, (2) 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 plat
in a subdivision, or who (3) 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 (4) is directly or indirectly
controlled by, or under direct or indirect common control, with any of the
(71) Subdivision: 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 of less than
twenty (20) acres, for the purpose 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 nonresidential
zoned land, whether by deed, metes and bounds description, map, plat
or other recorded instrument and further includes the creation of a
condominium, townhome or any other division of property into units and
(72) Subdivision agent: Any person who
acts for or on behalf of, a subdivider or developer,
in selling, leasing or developing or offering to sell, lease or
develop any interest, lot, parcel, unit, site or plot in a subdivision,
except an attorney-at-law whose representation of another person consists
solely of rendering legal services and who has no other interest, direct
or indirect, in the subdivision.
(73) Subdivision plat: The final map or
described in these regulations, on which the
subdivider's plan of subdivision is presented to the Plan Commission
for recommendation and which, if approved by the City Council, shall
be submitted to the county recorder of deeds for filing.
(74) Surveyor, registered land: See
(75) Zoning Ordinance: The official zoning
the City, together with any and all amendments
thereto, adopted pursuant to Chapter 89 of the Revised Statutes of
Section B. That the Council finds and declares that
before taking any action on the proposed amendment hereinabove, all public
notices and hearings required by the Subdivision Regulations have been given
I hereby certify that as required by Chapter 31,
Code of General Ordinances, the foregoing ordinance was duly advertised and
public hearings were held.
Secretary, City Plan
Approved as to form and
Assistant City Attorney