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(A) Land proposed to be subdivided is unsuitable for subdivision development. If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, steep slopes, rock formation, and other such conditions as may increase the danger of health, life or property or aggravate erosion or flood hazards; and if from adequate investigations, conducted by all the public agencies concerned, it has been determined that in the best interest of the public, the land should not be platted and developed for the purpose proposed, the Planning Commission shall not approve the land for subdivision unless adequate methods are formulated by the subdivider for meeting the problems that will be created by the development of the land.
(B) Scattered or premature subdivision of land. The Planning Commission may refuse to approve what it considers to be scattered or premature subdivision of land which would involve danger or injury to the public health, safety, welfare, or prosperity by reason of lack of adequate water supply, schools, proper drainage, good roads and transportation facilities or other public services; or which would necessitate an excessive expenditure of public funds for the supply of such services.
(Ord. passed 11-27-2017)
(A) Conformity to the major street (thoroughfare plan). The widths and locations of all streets in a proposed subdivision will conform to the county major street plan.
(B) Street extensions.
(1) The street layout of the proposed subdivision shall provide for the continuation or projection of streets already existing in areas adjacent to the area being subdivided unless the Planning Commission deems such continuation or extension undesirable for specific reasons of topography or design.
(2) Where, in the opinion of the Planning Commission, it is desirable to provide street access to adjoining properties, proposed streets shall be extended by dedication to the boundaries of such properties. Where the Planning Commission deems it necessary, such dead-end streets shall be provided with a temporary turn-around having a radius of at least 50 feet.
(3) The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required in this chapter for a street in its category.
(C) Dedication of right-of-way for new streets.
(1) The dedication of right-of-way for new streets measured from lot line to lot line shall be as shown on the county major street plan, or of not shown thereon, shall meet the following standards:
Street Type | Minimum Dedicated Right-of-Way Width |
Arterial streets | 60 feet* |
Collector streets | 60 feet |
Minor streets | 50 feet |
Marginal access streets | 30 feet |
Alleys | 30 feet |
The county major street plan may indicate greater right-of-way widths for certain arterial streets, but in no case shall the subdivider be required to dedicate a right-of-way width of more than 60 feet for any one street | |
(2) All points of access shall be as approved by the Planning Commission. Marginal access streets may be required by the Planning Commission for subdivisions fronting on arterial streets.
(3) The Planning Commission may waive rights-of-way requirements for cul-de-sacs or other non-thru roadways.
(4) Through proposed business areas, street widths shall be increased ten feet on each side if needed to provide parking without interfering with normal traffic movement.
(5) In cases where topography or other physical conditions make a street of the required minimum width impractical the Planning Commission may modify these requirements.
(D) Dedication of right-of-way for existing streets. Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum street width requirements set forth in division (C) of this section.
(1) The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one side of an existing street, one-half of the right-of-way width, measured from the center line of the existing roadway, shall be dedicated.
(2) Dedication of one-half of the right-of-way for proposed streets along the boundaries of land proposed for subdivisions shall be prohibited.
(E) Intersections.
(1) Streets shall intersect as nearly as possible at right angles.
(2) Street curb intersections shall be rounded by radii of at least 20 feet. When the smallest angle of street intersection is less than 60 degrees, the Planning Commission shall require curb radii of greater length.
(3) No lot or other parcel of land which abuts on and has access to either a collector or minor street shall have a service drive, curb cut, or other means of access to an arterial street within 75 feet of the right-of-way of any street which intersects such arterial street on the side on which such lot or parcel is located. These 75 feet requirements can be reduced to 50 feet on collector streets and 25 feet on minor streets.
(F) Curves in streets; horizontal and vertical.
(1) A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(2) Where there is a deflection angle of more than ten degrees in the alignment of a street, a curve with a radius adequate to insure safe sight distance shall be made. The minimum radii shall be:
Street Type | Minimum Curve Radius |
Arterial | 300 feet |
Collector | 300 feet |
Minor | 100 feet |
(3) All changes in grade for streets shall be connected by a vertical curve of a minimum length necessary to provide adequate sight distance and other safety factors.
(4) To calculate the minimum length for the curve connecting changes in grade:
(a) Calculate the algebraic difference in grades; and
(b) Multiply by the appropriate value.
Values for crest curve | Collector streets | 50 |
Minor Streets | 28 | |
Values for sag curve | Collector Streets | 50 |
Minor Streets | 35 |
(G) Street grades and elevations.
(1) Street grades shall conform to the following:
Street Type | Percent Grade | |
Allowable Maximum | Desirable Maximum | |
Arterial | 5% | 4% |
Collector | 7% | 5% |
Minor | 12% | 8% |
(2) All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the right-of-way by grading and drainage. For adequate drainage, the minimum street grade shall not be less than .5%. Minimal grade of ditches shall be .5% and minimum grade of curbs and gutters shall be one-third of 1%.
(3) The Planning Commission shall not approve streets which will be subject to inundation or flooding. All streets must be located at elevations which will make them flood-free in order that portions of the subdivision will not be isolated by floods. Where flood conditions exist, the Planning Commission shall require profiles and elevations of streets in order to determine the advisability of permitting the proposed subdivision activity.
(4) Fill may be used in area subject to flooding in order to provide flood-free streets if such fill does not unduly increase flood heights. Drainage openings shall be designed so as not to restrict the flow of water and thereby unduly increase flood heights.
(H) Marginal access streets. Where the proposed subdivision abuts upon or contains an existing or proposed arterial street or highway on which traffic volumes and vehicular speeds warrant special safety considerations, the Planning Commission may require that marginal access streets be provided in order that no lots will front on such existing or proposed arterial street or highway.
(I) Street jogs. Street jogs with center line offsets of less than 125 feet shall not be made.
(J) Dead-end streets (cul-de-sacs). Minor terminal or dead-end streets or courts which are designed so as to have one end permanently closed shall not be longer than 500 feet and shall be provided at the closed end with a turn-around having a radius at the outside of the right-of-way of a least 50 feet. The paved area of the cul-de-sac shall have a minimum radius of no less than 35 feet.
(K) Street names.
(1) Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of such existing streets.
(2) The name of a proposed street, which is not in alignment with an existing street shall not duplicate the name of any existing street within the county, regardless of the use of the suffix or prefix street, avenue, boulevard, drive, place, court, lane, road, pike, highway, parkway or similar suffix or prefix.
(3) Before final plat approval, the names of streets shall be approved by the County Planning Commission.
(L) Private streets and reserve strips.
(1) There shall be no private streets platted within a subdivision, except as stated in § 190.033(B).
(2) There shall be no reserve strips in a subdivision except where their control is vested in the county, maintained by the developer or a neighborhood corporation and under conditions approved by the Planning Commission and as authorized in this chapter.
(M) Alleys. Alleys shall be provided to give access to the rear of all lots used for business and industrial purposes. Alleys shall not be provided in residential blocks except in cases where the subdivider produces evidence of the need for alleys which is satisfactory to the Planning Commission.
(N) Road specifications. County road specifications approved by the Fiscal Court are available from the County Road Engineer’s Office.
(Ord. passed 11-27-2017; Ord. 2019-08, passed 8-16-2019) Penalty, see § 190.999
(A) Length. Block lengths shall not exceed 1,200 feet or be less than 400 feet, except as the Planning Commission considers necessary to secure efficient use of land or desired features of street layout.
(B) Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth. However, where this would require lots to front on an arterial street or highway or where topographical conditions or the size of the property prevent two tiers of lots, the Planning Commission may approve a single tier of lots of minimum depth.
(Ord. passed 11-27-2017) Penalty, see § 190.999
(A) Relationship to streets.
(1) All lots shall front on a public street or road for a minimum distance of 75 feet, except those lots which front on the turn-around of permanent dead-end streets shall front on such turn-arounds for a minimum distance of 40 feet; or when the portion of a lot is being used exclusively for access and meets the width requirements in division (A)(4). However, the Planning Commission may grant a variance to the requirements of this section when all of the following circumstances and conditions exist:
(a) When the lot(s) does not front on a public street or road.
(b) When, because of the location of the lot(s), extreme practical and financial difficulties would place an undue hardship on the owner of the lot(s).
(c) When ingress and egress to the proposed lot(s) can be adequately and perpetually provided by a private access easement from a public highway or road; provided however, such a private access easement shall be a minimum width as listed below:
20' wide | Less than 2 acres |
30' wide | Less than 3 acres |
40' wide | Less than 4 acres |
50' wide | 4 acres or larger |
(2) The private access easement shall extend from the front of the proposed lot(s) to a public highway or road and said private access easement shall be maintained by the lot(s) owner it is serving without any obligation on the county to maintain same. An ingress and egress easement may be shared by up to three lots.
(B) Arrangement. Each lot in a subdivision shall contain a building site free from the danger of flooding. Except where unfeasible, side lot lines shall be at right angles to straight street lines and radial to curved street lines.
(C) Dimensions.
(1) Lot dimensions shall conform to the requirements of the county subdivision and/or Planning Commission regulations where applicable except that residential lots served by septic tanks and field lines shall be at least 75 feet wide at the building setback line and one acre in area or the minimum lot width and area determined by the County Health Officer, whichever width and area is larger. Lots conveyed by deeds, executed prior to October 6, 1978, which are less than one acre in area and which were in compliance with the minimum requirements of the Department of Health at the time of conveyance, may be granted a variance and approved by the Planning Commission provided that said lots comply with all other regulations.
(2) Lot dimensions and minimum size shall follow the requirement of the County Zoning Ordinance. Minimum lot width shall be measured at the building setback line.
(3) Ratio of lot frontage to depth shall not exceed one to eight without variance from the Planning Commission.
(D) Corner lots. Corner lots (lots which abut on two intersecting streets) shall comply with the front yard setback provisions along the street upon which the building on the corner lot fronts. A ten-foot reduction in the front yard provision is allowed on the side facing the secondary street, provided such reduction does not result in a side yard of less than 20 feet.
(Ord. passed 11-27-2017; Ord. 2021-08, passed 6-28-2021)
In commercial and industrial subdivisions and in the portions of residential subdivisions reserved for commercial or industrial uses, the lots or parcels platted for commercial or industrial sites shall be large enough to provide for off-street loading and unloading facilities and off-street parking facilities.
(Ord. passed 11-27-2017)
(A) Except where alleys are permitted for the purpose, the Planning Commission shall require easements at least 12 feet in width centered along all rear lot lines for poles, wires, conduits, storm sewers, sanitary sewers, gas mains, water mains and other utility facilities. Where necessary or advisable in the opinion of the Planning Commission, similar easements shall be provided alongside lot lines or across lots.
(B) If the Planning Commission deems it necessary for proper drainage within or through a subdivision, it shall require that a storm water easement or drainage right-of-way be provided and maintained by the developer or abutting property owners.
(C) The Planning Commission shall require easements at least 15 feet in width parallel and adjacent to all road right-of-way for poles, wire conduits, storm sewers, gas mains, sanitary sewers, water mains and other utility facilities.
(D) Where necessary or advisable in the opinion of the Planning Commission, a similar easement shall be provided along parent tracts along with any necessary right-of-way dedications.
(Ord. passed 11-27-2017)
In all subdivisions, due regard shall be shown for natural features such as large trees, unusual rock formations and water courses; for sites which have historical significance; and for similar assets which, if preserved, will add attractiveness and value to the subdivision and to the county. The Planning Commission may prepare a list of all such features within its area of subdivision jurisdiction which it deems worthy or preservation.
(Ord. passed 11-27-2017)
No final plat of land within the area of force and effect of an existing zoning ordinance will be approved unless it conforms with such ordinance. Whenever there is a discrepancy between the minimum standards set forth in this chapter and those contained in the zoning ordinance or other official regulations, the highest standard shall apply.
(Ord. passed 11-27-2017)
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