All uses within zoning districts are required to be connected to public streets. If additional roads or streets are required, it shall be the responsibility of the builder or developer to construct them to the standards of Chapter 420: Design Standards for Public Improvements.

A. Block length and width or acreage within bounding streets shall be such as to accommodate the size of lot required by this Chapter or Chapter 415: Zoning Regulations, and to provide for convenient access, circulation and safety of street traffic.

B. Block lengths shall not exceed one thousand five hundred (1,500) feet, nor be less than three hundred (300) feet, except under unusual conditions.

C. A block should be arranged so as to provide two (2) tiers of lots and to allow for adequate pedestrian access through the subdivision and to adjoining properties.

Wheelchair ramps shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with the provisions of the Village of Indian Point Design Standards for Public Improvements

A. An easement for utilities, at least five (5) feet wide, shall be provided along the side or the rear line of lots where necessary to form a continuous right-of-way, at least ten (10) feet in width. If necessary for the installation of water or sewer mains or similar utilities, easements of greater width may be required along lot lines or across lots.

B. Utility easements shall connect with easements established in adjoining properties.

C. Where the Board of Trustees has granted a variance for overhead power or telephone lines, additional easements for pole guys shall be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall alongside lot lines.

D. Drainage easements for storm sewers or open channel drainage may be required. These easements may be along side of lot lines, but it is encouraged that the design should be such that the drainage will be carried along the rear of lots. If open channel drainage is to be carried in the street right-of-way, additional right-of-way shall be provided. The size and location of such easements for open channel drainage shall be approved by the Village Engineer.

A fence may be constructed on or near the property line to the backyard and either or both side yards with the exception no fence shall extend beyond the front corner of the main structure. Any exception from this must be approved by the Planning and Zoning Commission.

A. Except as hereinafter specified, these regulations shall apply to all subdivisions of land within Indian Point, including:

1. The division of any tract of land into two (2) or more tracts or lots.
2. Any land offered for sale, lease or development involving real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building or other improvements (for example, condominium development).
3. The dedication or vacation of any public street, alley or easement.
4. Re-subdivision of any tract of land or portion of a tract, vacant or improved.
5. Development of any subdivision for which a plat has been recorded in the office of the Stone County Recorder of Deeds prior to the effective date of this Chapter, where development or improvements have not commenced within two (2) years after the effective date of this Chapter.

B. The following divisions of land are exempt from these regulations:

1. Transfer of interests by inheritance or pursuant to court order.
2. Transfers of remainders resulting from the exercise of eminent domain or the threat thereof.
3. Leases for a term not to exceed ten (10) years.
4. Leases on federally owned land.
5. Foreclosure of a deed of trust or other security instrument.
6. The sale or exchange of parcels of and between owners of adjoining property if additional lots are not thereby created.

C. No land shall be subdivided within the incorporated area except in conformance with the provisions of this Chapter.
D. The Stone County Register of Deeds shall not record a plat of any subdivision within the Village limits unless the plat has been approved in accordance with the provisions of this Chapter. In the event any such unapproved plat is recorded, it shall be considered invalid and the Board of Trustees shall institute proceedings to have the plat stricken from the records of the county.
E. No owner, or agent of the owner, of any land located within the platting jurisdiction of the Village, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Board or Planning and Zoning Commission and recorded in the office of the appropriate County recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such Board or Planning and Zoning Commission and the sale is contingent upon the approval of such plat by such Board or Planning and Zoning Commission. Any person violating the provisions of this Subsection shall forfeit and pay to the Village a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The Village may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action. (Section 89.450, RSMo.)
F. No certificate of occupancy shall be issued for any lot, parcel of tract of land which was created after the effective date of this Chapter and which is not in conformance with the provisions of this Chapter.
G. No excavation of land or construction of any public or private improvements shall take place or be commenced prior to obtaining a compliance permit and except in conformity with the provisions of this Chapter.
H. No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after final approval has been given by the Commission and endorsed in writing on the plat, unless the plat is first resubmitted to the Commission.

 

1. Use Of Land. Land shall not be used except for a purpose permitted in the zoning district in which it is located.
2. Building. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the zoning district.
3. Conformance To Regulations. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the use regulations of the zoning district in which such building is located.
4. Parking And Loading Requirements. No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the zoning district in which such building is located.
5. Dimensional And Area Requirements. The minimum yards, parking spaces, and open spaces, including lot area per family, required by this Chapter for each and every building existing on the effective date of this Chapter, or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the zoning district in which such lot is located.
6. Compliance Required. Every building hereafter erected or structurally altered shall comply with the Zoning Code of the Village of Indian Point, Missouri, and authorized by a zoning compliance permit issued through the Village Office.
7. Use On A Single Lot. All uses shall be located on a single lot and shall conform to the bulk and setback requirements of these regulations. Unless otherwise prohibited by existing subdivision covenant or deed restriction, any applicant proposing a use on two (2) or more lots, all of which are held in single ownership, shall combine the lots prior to submitting an application for use.

The minimum requirement for streetlighting facilities shall be one (1) two-hundred-fifty-watt high-pressure sodium light (cobra head fixture) at each street intersection, but not farther apart than three hundred (300) feet within or abutting the subdivision. Light standards shall have a maximum height of thirty (30) feet from the ground, shall be constructed of steel, and shall be approved by the Board of Trustees.

A. Monuments shall be placed at all block corners, at the point where the curve in a street right-of-way meets with the tangent to the curve, and at all controlling corners of the subdivision. Monuments shall be one (1) of the following and shall have the registration number of the land surveyor in charge or the corporate registration number or name legibly stamped or imprinted thereon. Monuments shall be placed so as to be free of movement:

1. Concrete monuments consisting of reinforced concrete at least four (4) inches in width or diameter and no less than twenty-four (24) inches in depth with its precise position marked by either a point on a brass cap, a formed cross, or a metal rod.
2. Manufactured cast iron or aluminum survey markers approved by the state land surveyor no less than twenty-four (24) inches in depth unless encased in concrete with its precise position marked by a point or cross.
3. Brass disk not less than two (2) inches in diameter, countersunk and well cemented in a drill hole in either solid rock or concrete and its precise position marked by a point or cross.
 

B. Markers shall be placed at each corner of all lots flush with the finish grade or countersunk to afford protection from disturbance. Markers shall also be placed at the point where lot lines intersect curves, either front or rear. Markers shall be placed at all angles in property lines. Markers shall be five-eighths-inch steel rod, eighteen (18) inches in length or more and shall have affixed thereto a copy or other device bearing the registration number of the land surveyor in charge. All marker caps one (1) inch in diameter and larger shall have the precise position of the corner marked by a point or cross.
 

C. Monuments and markers shall be inspected to determine that they have not been destroyed by construction prior to certification of completion of improvements.

A. Within the districts established by this Chapter or by amendments that may later be adopted, there exist lots, premises, structures, and uses of land which were lawful before this Chapter was effective or amended, but which would be prohibited, regulated, or restricted under the provisions of this Chapter or future amendment. These are designated as nonconformities.
B. It is the intent of this Chapter to permit these nonconformities to continue until they are removed (except as otherwise herein provided). Such nonconformities are declared by this Chapter to be incompatible with the permitted uses of land and structures in the districts involved. It is further the intent of this Chapter that such nonconformities shall not be enlarged upon, expanded, or extended so as to increase the particular nonconformity, except as provided for herein, nor shall these be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
C. A nonconforming use of land, premises, or structure shall not be enlarged upon, expanded, or extended after the effective date of the passage of the ordinance enacting these Zoning Regulations.
D. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
E. A nonconforming use or a nonconforming building or structure which is nonconforming only because of failure to provide required off-street parking spaces or loading berths shall have all the rights of a conforming use or structure.

A. Where, on the effective date of adoption or amendment of this Chapter, a lawful use of land exists that is no longer permissible under the regulations and standards of this Chapter, as adopted, or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. No such nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Chapter.
2. No such nonconforming use of land shall be moved in whole or in part to any other portion of the lot or tract of land occupied on the effective date of adoption or amendment of this Chapter.
3. If any such nonconforming use of land ceases for any reason, other than normal annual interruptions for seasonal uses, for a period of more than thirty (30) consecutive days, any subsequent use of such land shall conform to the resolutions and standards set by this Chapter for the district in which such land is located.

A. Where, on the effective date of adoption or amendment of this Chapter, a lawful structure exists that could not be built under the regulations and standards of this Chapter, as adopted or amended, by reasons of restrictions on lot area, lot coverage, floor area ratio, heights, yards, spacing between buildings, or other characteristics of the structure or its location on the lot, such structure may be continued so as it remains lawful subject to the following provisions:

1. No such structure may be enlarged or altered except as noted in Section 415.150: General Regulations. On a nonconforming structure, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, provided that the area of such building or the size of such structure as it existed at the effective date of adoption or amendment of this Chapter shall not be increased.
2. Should any such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations and standards for the district in which it is located after it is moved.
3. Should any structure be destroyed, it shall be permissible to replace said structure in the same location to the same lot area, lot coverage, floor area ratios, heights, setback yards, or spacing between buildings that existed prior, except that offenses to the zoning district requirements shall not be increased beyond what existed prior to the destruction of the building.

A. Where, on the effective date of adoption or amendment of this Chapter, a lawful use of a structure, or a premises, exists that is no longer permissible under the regulations and standards of this Chapter as adopted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. No existing building or structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or altered except in changing the use of such building or structure to a use permitted in the district in which is it located. On a structure devoted to a nonconforming use, work may be done on ordinary repairs, or replacement of walls, fixtures, wiring, or plumbing, provided that the area of such building or the size of such structure as it existed at the effective date of adoption or amendment of this Chapter shall not be increased.
2. Any nonconforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the effective date of adoption or amendment of this Chapter, but no such use shall be extended to occupy land outside of such building or structure.
3. If no structural alterations are made, any nonconforming use of a building or structure, or of any premises, may be changed to another nonconforming use, provided that the Planning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such changes, the Planning Commission may require appropriate conditions and safeguards in accord with the provisions of this Chapter.
4. Any building or structure, or any premises, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations and standards of the district in which such building, structure, or premises is located, and the nonconforming use shall not be resumed.
5. When a nonconforming use of a building or structure, or of a premises, is discontinued or abandoned for more than six (6) consecutive months or for more than eighteen (18) months during any three-year period, the building or structure, or the premises, shall not thereafter be used except in conformance with the regulations and standards of the district in which it is located. For those uses considered to be "seasonal businesses" as defined in Article II: Terminology, Section 415.090: Definitions, such nonconforming use shall not be permitted to continue if the building, structure or premises is discontinued or abandoned for more than nine (9) consecutive months or for more than any twenty-seven (27) months during any three-year period.
6. Where nonconforming use status applies to the use of a building, removal or destruction of the building or structure shall eliminate the nonconforming use status, and any use of a new building or structure must be a use permitted in the district in which it is located.

A. Private streets are discouraged and shall be permitted only where the Board of Trustees finds that:

1. The private ownership, control and maintenance of the street is integral to the design and function of the subdivision.
2. Provision has been made for continuing and adequate maintenance of the streets.
3. There is evidence that the property rights, including rights of access of persons purchasing property rights or land within and adjacent to the subdivision, are safeguarded to the degree they would be protected if the streets were dedicated to the public.
4. The public interest and welfare is not jeopardized.

B. Private streets shall meet the minimum standards and be improved in accordance with Chapter 420, Design Standards for Public Improvements.
C. A sign or signs shall be provided by the developer at the intersection of the private street with the public street, indicating that the street is a private street and is not maintained by the Village. Adequate provision will be made for perpetual maintenance of the sign or signs.
D. A private drive may be utilized by no more than two (2) tracts or lots without public road frontage.

The developer shall prepare a sedimentation and erosion control plan to insure effective control of soil losses within tolerable limits. The Commission may submit the sediment and erosion control plan to the Conservation District or other qualified authority for review in conformance with this Chapter and Chapter 420: Design Standards for Public Improvements.

A. Sidewalks shall be provided along one (1) side of arterial and collector streets. Sidewalks may be required along local streets if the Commission finds that a walkway is necessary to ensure safe pedestrian access to schools, parks, other public use areas or adjoining streets.

B. Sidewalks shall be at least four (4) feet in width. Sidewalks shall be constructed in conformance with Chapter 420: Design Standards for Public Improvements. Sidewalks may be constructed of other suitable materials if the Commission determines that:

1. Such sidewalks will serve the residents of the development as adequately as concrete walks;
2. Such sidewalks would be more environmentally desirable or more in keeping with the overall design of the development; and
3. The Village will not incur greater than normal expense in maintaining such sidewalks dedicated for public use.

A. Aesthetic Character. It is the intent of this Article to authorize the use of signage (signs) that are:

1. Compatible with their surroundings;
2. Appropriate to the activity that displays them;
3. Expressive of the identity of individual activities;
4. Legible in circumstances in which they are seen; and
5. Reflective of standards set forth in the Master Plan for the Village of Indian Point, Missouri, and those established by the Village of Indian Point Sign Committee.

B. Allowable Zoning Districts. The placement or erection of signs shall be permitted in the commercial zoning districts of the Village only, except where specifically provided for herein or except when part of a Uniform Directional Signage Program installed by the governing body or duly authorized public entity.
C. Grandfathering. Signs that do not conform with this Article that are in existence prior to the adoption of this Article shall be allowed to remain as long as they conform to the following criteria:

1. The business they advertise, promote or represent remains in existence. A business that operates on a seasonal basis shall be considered to remain in existence for the purposes of this Article if the business continues to operate in consecutive years.
2. Nonconforming signs for businesses that are no longer in existence may remain for a period of twelve (12) months to allow for reasonable marketing of the property, business or sign for another user. After such time, any sign that does not conform to the criteria of this Article must be removed, except that a sign that is on a sign structure that includes other signs for businesses that remain in existence may be covered or painted over rather than be removed.
3. The sign(s) are maintained in good condition.

Permitted Signs, see Section 415.480: Permitted Signs.
Prohibited Signs, see Section 415.490: Prohibited Signs.
Construction and Maintenance.

A. All signs shall be designed, constructed and maintained in accordance with the following standards:

1. Signs with internal illumination shall be constructed with fireproof and fire-resistant materials in accordance with the National Electrical Code. No internal or external illumination shall be constructed that shines light onto vehicular traffic, public roads, public rights-of-way or other non-associated property so as to be a safety hazard or nuisance.
2. All signs shall be constructed to withstand a wind load pressure of at least twenty-five (25) psf of surface and shall also be fastened, supported and maintained so as to withstand a wind load pressure of at least twenty-five (25) psf per American Society of Engineering Standards.
3. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or support structure.
4. All signs shall be maintained in a clean, presentable manner, free from loose paint, paper or other materials. Any sign in disarray or broken condition shall be repaired within a reasonable amount of time after such damage has occurred and within thirty (30) days after being notified by the Zoning Administrator or said sign shall be removed in its entirety, including supporting structure and appurtenances. Failure to repair or remove the sign by the owner shall result in the Village taking appropriate legal action and seeking reimbursement from the owner for any expenses incurred.

See Article IX: Commercial Signage Provisions (Signs) for complete information.

A. All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site.
B. All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters resulting from such development.
C. To the extent practicable, all development shall conform to the natural contours of the land and natural and preexisting man-made drainage ways shall be maintained.
D. Storm drainage in public streets and rights-of-way shall be limited to the depths and recurrence frequencies established in Chapter 420: Design Standards for Public Improvements.
E. Drainage easements shall be provided encompassing all land inundated by the runoff from a storm having a one-hundred-year recurrence interval under fully developed conditions. Drainage easements shall extend to a point where the upstream drainage area is no greater than five (5) acres.
F. All storm drainage facilities shall be constructed in accordance with Chapter 420: Design Standards for Public Improvements. No storm drainage facility may be constructed or altered without the approval of the plans by the Village Engineer.
G. Provisions of the 1987 Clean Water Act require that certain stormwater discharges obtain a National Pollutant Discharge Elimination System (NPDES) stormwater permit. Where applicable, the developer shall submit the necessary NPDES permit with the plans for stormwater drainage facilities. The NPDES permits are administered by the Missouri Department of Natural Resources.

A. The classification, extent, width, grade and location of all streets shall conform to the Master Plan and Major Street Plan. Where not shown, the arrangement and design standards of streets shall conform to the provisions herein.
B. The arrangement of streets in new subdivisions shall be coordinated with existing, proposed and anticipated streets outside of the subdivision. Provision shall be made for the continuation of existing streets in adjoining areas.
C. When a new subdivision adjoins a tract susceptible to being subdivided, new streets shall be extended to the boundaries of such tract.
D. Streets shall be related appropriately to the topography, and street grades shall conform as closely as practical to the original topography. Street grades shall be in accordance with the Village of Indian Point Design Standards for Public Improvements.
E. Street jogs with center-line offsets of less than one hundred fifty (150) feet shall be prohibited.
F. Local streets shall be laid out so as to discourage through traffic.
G. Permanent dead-end streets or culs-de-sac shall be no longer than eight hundred (800) feet and shall provide at the closed end a turnaround having an outside roadway diameter of at least eighty (80) feet and a street property line diameter of at least one hundred (100) feet. Where a dead-end street is temporary in nature, additional driveway access shall be provided at the end of the street to allow for maneuvering of emergency vehicles.
H. Every lot shall have access to a road that provides reasonable ingress and egress for emergency vehicles as well as for the intended use of the lot.
I. When a subdivision abuts or contains an arterial street, the Commission may require marginal access streets or other streets as may be necessary for adequate protection of residential properties and to provide separation of through and local traffic.
J. Half streets shall be prohibited except where such streets, when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision, creates a street that meets the right-of-way and pavement requirements of this Chapter.

All streets, curbs and gutters shall be designed and constructed in accordance with Chapter 420: Design Standards for Public Improvements.

A. Intersections involving the junction of more than two (2) streets shall be prohibited.
B. Streets shall intersect as nearly as possible at right angles and no two streets shall intersect at less than sixty degrees (60°).
C. Except where no other alternative is practical or legally possible, no two (2) streets may intersect with any other street on the same side at a distance of less than two hundred forty (240) feet measured from center line to center line of the intersecting street. When the intersected street is an arterial, the distance between intersecting streets shall be at least one thousand five hundred (1,500) feet.
D. Street curb intersections shall be rounded by a tangential arc with a minimum radius of twenty-five (25) feet for intersections of two (2) residential local streets and thirty (30) feet for intersections involving collector or arterial streets. Where substantial use is anticipated by large vehicles, such as recreational vehicles or semitrailers, the curb radius shall be increased to accommodate the anticipated use.
E. All driveway entrances and other openings onto streets shall be constructed to meet the following standards:

1. Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians or vehicles traveling on the street or abutting streets.
2. Adequate ingress and egress points shall be provided for all developments taking access to an arterial street.

Street names shall be assigned by the developer with the approval of the Commission. Names of new streets shall not duplicate existing or platted street names unless the new street is a continuation of, or in alignment with the existing or platted street. In such cases, it shall carry the name of the existing street. Building numbers shall be assigned by the Village.

All streets shall be constructed with curb and gutter and shall conform to the minimum right-of-way and pavement standards of this Section. Street pavement width shall be measured from curb back to curb back where ninety-degree (90°) curb is used, and from the center of the curb where roll-type curb is used. Roll-type curb shall be permitted along local streets in residential subdivisions.

 

Street Type	Minimum Right-of-Way Width (feet)	Minimum Pavement Width (feet)
Residential/Local	50	27 (no on-sreet parking) 33 (parking one side only)
Collector	60	31 (no on-sreet parking)
Arterial	60	39 (no on-sreet parking)

A. Street name signs shall be placed at all intersections. The sign shall be constructed to meet the standards established by the Board of Trustees.
B. Private street name signs shall be provided at the connection of the private street with the public road in compliance with the standards set by the Board of Trustees.

A. All utilities, including electric, telephone and cable television, shall be installed according to the specifications and minimum standards of the controlling utility company.

B. All electric, telephone and cable television service distribution lines shall be installed underground. Cable-switching enclosures, pad-mounted transformers and service pedestals may be installed aboveground.

C. In any particular case where the developer can show reason of exceptional topographical or other physical conditions that compliance with underground placement of such utilities would cause exceptional and undue hardship, the Board of Trustees may modify such requirement to the extent deemed proper in order to relieve the hardship. Such modification shall not be a detriment to the public interest and shall not impair the intent and purpose of this regulation or the desirable general development of the neighborhood and community.

Whenever any street, alley or public way is vacated by official action of the Board of Trustees, the zoning for said land shall be automatically designated A-1. Adjoining property owners may petition the Board at such time of vacation, or at any point in the future, that consideration be given to allow the zoning districts adjoining each side of such street, alley or public way to be extended to the center of such vacation and all areas included in this vacation shall then be subject to all regulations of the extended district.

Wastewater disposal systems shall be provided in accordance with the rules and regulations of the Stone County Health Department, with the approved engineering report and a construction permit from the Stone County Health Department, and where applicable, the Missouri Department of Natural Resources.

A. All development shall be served by an adequate source of water. Private well construction shall be in accordance with the requirements of the Stone County Health Department.

B. At such time that a Village water supply becomes available to a property, the property owner shall discontinue use of the private well and connect to the Village water supply. The public water source shall be deemed available when within one hundred (100) feet of the subject property line.