For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. See THOROUGHFARE.
ASSUMPTION OF COMPLETION. A contract secured by a performance bond or other guarantee or security satisfactory to Council guaranteeing completion of public improvements which are required by these regulations.
BLOCK. A place or parcel of land entirely surrounded by public highways, public streets, railroads, rights-of-way, physical barriers, streams, lakes or bodies of water, or a combination of aforesaid bounds.
BUILDING LINE. See SETBACK LINE.
COMPREHENSIVE DEVELOPMENT PLAN. A plan, or any portion thereof, adopted by the Village Planning Commission and/or the Council showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the village.
COMMUNITY DEVELOPMENT. See PLANNED UNIT DEVELOPMENT.
CONDOMINIUM. Means and includes the land together with all buildings, improvements and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property which have been submitted to the provisions of R.C. Chapter 5311 and which is subject to such chapter. A condominium property is not a subdivision.
CORNER LOT. See LOT TYPES.
COUNTY. Clermont County, State of Ohio.
COUNTY ENGINEER. The County Engineer of Clermont County.
COUNTY SANITARY ENGINEER. The County Sanitary Engineer of Clermont County.
COVENANT. Written promise or pledge.
CROSSWALK. A ten-foot right-of-way, publicly-owned, cutting across a block in order to provide pedestrian access to adjacent street or property.
CUL-DE-SAC. See THOROUGHFARE.
CULVERT. A transverse drain that channels under a street or driveway.
DEAD-END STREET. See THOROUGHFARE.
DEED OUT. A method of creating and recording residential building lots intended to accommodate one dwelling unit of attached townhouses, row houses or patio homes and their accompanying patios, gardens or small yard areas.
DENSITY. A unit of measurement; the number of dwelling units per acre.
(1) GROSS DENSITY. The number of dwelling units per acre of the total land to be developed.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself, herself or for another. Consent shall be required from the legal owner of the premises.
DWELLING. Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, cabin, trailer or trailer coach or other temporary or transient structure or facility.
(1) MULTIPLE-FAMILY DWELLING.
(a) A detached, independently standing building occupied or constructed to be occupied by more than two families or housekeeping units.
(b) Townhouses, patio homes or any other attached residential use structure or building employing the use of common party walls.
(2) SINGLE-FAMILY DWELLING. A detached, independently standing building occupied exclusively for residential purposes by one family or housekeeping unit.
(3) TWO-FAMILY DWELLING. A detached, independently standing building occupied or constructed to be occupied exclusively for residential purposes by not more than two families or housekeeping units.
DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
DWELLING UNITS. One room, or a suite of two or more rooms, designed for or used by one family or housekeeping unit for living and sleeping purposes and which includes permanently installed cooking and lawfully required sanitary facilities.
EASEMENT. Authorization by a property owner for the use by another for a specified purpose, of any designated part of his or her property.
ENGINEER. Any person registered to practice professional engineering by the Ohio State Board of Registration for Professional Engineers and Surveyors as specified in R.C. § 4733.14.
HIGHWAY DIRECTOR. The Director of the Ohio Department of Transportation.
HILLSIDE DEVELOPMENT. Development proposed for a tract of land possessing an average slope of more than 15% and governed by the special provisions of hillside regulations in § 152.112.
IMPROVEMENT DRAWINGS. Detailed plans for the construction of all improvements to the land including street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
LARGE LOT DEVELOPMENT. A subdivision of land into typical lots having a minimum lot area of two acres (87,120 square feet) and governed by the special provisions of large lot development regulations in § 152.113.
LOCATION MAP. See VICINITY MAP.
LOT.
(1) A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required.
(2) Such lot shall have frontage on an improved public street, and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record; and
(c) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(3) The term LOT includes the word “plot” or “parcel.”
LOT FRONTAGE. That the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under definition for yards in this section.
LOT, MINIMUM AREA. The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
LOT MEASUREMENTS. A lot shall be measured as follows.
(1) Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(2) Width of a lot (except panhandle, cul-de-sac lots and lots along street curves) shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
(3) Width of panhandle, cul-de-sac lots and lots along street curves shall be measured at the building setback line.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES. Terminology used in these regulations with reference to LOT TYPES is as follows.
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if the lot lines tangent to the street right-of-way, at the point of intersection of the right-of-way and lot lines forms an interior angle of less than 135 degrees.
(2) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
(3) IRREGULAR LOT. A lot which is not rectangular.
(4) PANHANDLE LOT. A lot whose only access to the street is a narrow strip of land. The narrow strip of land is referred to as the PANHANDLE.
(5) REVERSED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot.
(6) THROUGH LOT. A lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as double frontage lots.
MAINTENANCE BOND. A performance bond satisfactory to Council covering the cost of maintenance for one year of public improvements which are required by these regulations.
MAJOR THOROUGHFARE PLAN. The comprehensive plan adopted by the Planning Commission establishing the official right-of-way width of major streets and the general location recommended for arterial, collector and local thoroughfares.
MINOR SUBDIVISION. A division of a parcel of land that does not require a record plat to be approved by the Planning Commission as specified in R.C. § 711.131, and is also known as a lot split.
MOBILE HOME. A manufactured home as defined in R.C. § 4501.01.
MONUMENT. A physical or theoretical mark or indication of the exact position (horizontal and/or vertical) of a point or line on the earth’s surface.
MONUMENT TYPES.
(1) PERMANENT MONUMENT. A physical structure or terrain feature which cannot be moved with relation to that which it monuments or marks, that is a mountain, river and the like, or coordinates in the Ohio State Plane Coordinate System.
(2) SEMI-PERMANENT MONUMENT. A human-made structure or object placed on, above, over or under the earth’s surface to indicate the position of a point (vertical and/or horizontal). Such an object will stand weather and is difficult to remove. Objects commonly used are concrete cylinders six inches in diameter or six inches square, by 30 inches or more in length, iron rods or pipes 30 inches or more in length, or cast iron, aluminum, brass or steel monuments, also 30 inches or more in length.
(3) TEMPORARY MONUMENT. An object placed to temporarily indicate the position of a point on the earth’s surface, such as a stake or fence post.
MONUMENT USES.
(1) To indicate the location of property, lot or subdivision corners;
(2) To indicate the location of record lines;
(3) To indicate changes of alignment of roadways, easements, rights-of-way and utilities;
(4) To witness points set at a defined distance and direction from a specific point; and
(5) To indicate vertical position or elevation of a point above a specified datum such as mean sea level.
NGS. National Geodetic Survey by the National Oceanic and Atmospheric Administration.
OPEN SPACE. An area of land intended for common usage by either the residents of a particular subdivision or the at large public. This area may include, along with natural environmental features, any active recreational and/or community facilities deemed desirable by the Planning Commission. Streets, parking areas, structures for habitation and the like shall not be included.
OUTLOT. Property shown on a subdivision plat outside of the boundaries of the land which is to be developed and which is to be excluded from the development of the subdivision.
OWNER. Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
PAD. A building site prepared by artificial means, including but not limited to grading, excavation or filling, or any combination thereof.
PARKING SPACE, OFF-STREET. A space at least ten feet in width and at least 22 feet in length, exclusive of access drives or aisles, ramps, columns, office or work areas, together with properly related access to a public street or alley and maneuvering room, but which is located totally outside of any street or alley right-of-way.
PERSON. Includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
PLANNED UNIT DEVELOPMENT. An area of land, in which a variety of mixed land uses or physical designs are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
PLANNING COMMISSION. The Planning Commission of Batavia, Ohio. Whenever COMMISSION or PLANNING COMMISSION is used in these regulations, such use means the Batavia Planning Commission.
PLAT. The map on which the developer’s plan of subdivision is presented for recording.
PRELIMINARY PLAN. The initial proposal, including both narrative and site design information, intended to provide the Planning Commission with a firm understanding of the manner in which the site in question is to be developed. The PRELIMINARY PLAN shall satisfy the requirements of §§ 152.050 through 152.053 of this chapter.
PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
SANITARY SEWERS. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
SANITARY WASTE TREATMENT, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
SETBACK LINE. A line established by these subdivision regulations and/or zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory buildings or structures may be located above ground except as provided in such regulations. See YARD.
SHOULD. A preferred requirement.
SIDEWALK. The portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. See WALKWAY.
SPECIAL DEVELOPMENTS. Separate entities with distinct characteristics which are intended to be in harmony with the natural site features and surrounding developments.
STORM SEWERS. Sewers designed and used to collect and carry off surface runoff water.
SUBDIVIDER. See DEVELOPER.
SUBDIVISION.
(1) The division of a parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. See §§ 152.020 through 152.037.
SURVEYOR. Any person registered to practice professional surveying by the Ohio State Board of Registration for Professional Engineers and Surveyors as specified in R.C. § 4733.14.
TERRAIN CLASSIFICATION. That terrain within the entire area of the preliminary plan is classified as level, rolling, hilly or hillside for development and street design purposes. The classifications are as follows.
(1) HILLSIDE. Sand-gravel soils above 18; silt soil above 12; clay soils above 12% slope; defined as soil types AdC, CcD2, CkD3, EaD2, EaE2, EbD2, EbE2, EbG2, EcE3, EdG3, FaG2, GpE2, HkD2, HkF2, HiG3, RkE2, SeD2 and WvD2 on the soil survey, NGS and property line registered composite maps and overlays compiled by the County Planning Commission.
(2) HILLY. Sand-gravel soils between 12 and 18; silt soils between six and 12; clay soils between six and 12% slope; defined as soil types CcC2, EbC2, FnC2, GpC2, RkD2, RsC3, RtC, RpC2, SeC2 and WvC2.
(3) LEVEL. Sand-gravel soils of less than six; silt soils of less than two; clay soils of less than 2% slope; defined as soil types AvA, AwA, Bc, Ct, Ee, Gn, Hu, Lg, Ln, Mb, BgA, Mh, Ne, OcA, OdA, Rn, RpA, SaA, Sh and St.
(4) ROLLING. Sand gravel soils between six and 12; silt soils between two and six; clay soils between two and 6% slope; defined as soil types AvB, AvB2, CcB, CcB2, FnB, FuB, GpB, MdB, OcB, RpB2, RtB, SaB, WvB, RpB.
THOROUGHFARE, STREET or ROAD. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows.
(1) ALLEY. A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(2) ARTERIAL STREET (MAJOR AND MINOR). A general term denoting a road or highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route with a minimum number and extent of cross streets, curb cuts and frontage land uses.
(3) COLLECTOR STREET (MAJOR AND MINOR). A road whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets including the principal entrance and circulation routes within residential subdivisions.
(4) CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(5) EXPRESSWAY, FREEWAY or PARKWAY. A major road or highway carrying high speed, high volume traffic on a continuous basis within or between regions and/or states. An EXPRESSWAY is a limited access or controlled access and usually of separated elevation from all other streets and roads.
(6) LOCAL STREET. A street primarily for providing access to residential, commercial, industrial or other abutting property.
(7) LOOP STREET. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180-degree system of turns, are not more than 1,000 feet from such arterial or collector street, nor more than 600 feet from each other.
(8) MARGINAL ACCESS STREET. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. Also called FRONTAGE STREET.
(9) PERMANENT DEAD-END STREET. A street without a cul-de-sac turn-around having only one outlet for vehicular traffic and not intended to be extended or continued in the future.
(10) PRIVATE STREET. A street which has not been duly accepted by the village, county or state for public use.
(11) PUBLIC STREET. A street which has been duly accepted by the village, county or state for public use.
(12) TEMPORARY DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
TIME LIMITS. When designated within these regulations, TIME LIMITS shall begin when application for review are officially accepted or as otherwise stipulated in this chapter. The submittal of revised information or information required but not submitted with the original submittal shall renew the entire time limit permitted under this chapter.
USED or OCCUPIED. Include the words “intended, designed or arranged to be used or occupied.”
VARIANCE. A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VICINITY MAP. A drawing accompanying a plan and illustrating the proposed subdivision’s relation to surrounding environmental, land use, circulation, infrastructure and property characteristics.
VILLAGE. The Village of Batavia, Ohio.
WALKWAY. A dedicated public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
WATERSHED. The drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
YARD. A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward, provided, accessories, ornaments and furniture may be permitted in any YARD, subject to height limitations and requirements limiting obstruction of visibility.
(1) FRONT YARD. A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
(2) REAR YARD. A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
(3) SIDE YARD. A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
ZONING. Regulation by districts of the height, area and use of buildings; use of land; and density of population.
(1997 Code, § 152.002)