As used in this chapter the following words shall have the meanings ascribed herein, unless otherwise provided.
(1) "Block" means a unit of property entirely surrounded by public highways and streets, railroad rights of way, waterways or other barriers, or combination thereof.
(2) "Board of Zoning Appeals" means the Board of Zoning Appeals of Clyde.
(3) "Council" means the Council of Clyde.
(4) "City Manager" means the City Manager of Clyde, or his duly authorized representatives.
(5) "Comprehensive plan" means a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general locations and extent of present and proposed residential development and housing, commercial and industrial development, thoroughfares and community facilities. This plan establishes the goals, objectives and policies of the community and includes the official land use plan, the official thoroughfare plan, the community facilities plan and the open space plan for the City.
(6) "Covenant" means a written promise or pledge.
(7) "Culvert" means a transverse drain that channels under a street or driveway.
(8) "Density" means a unit of measurement; the number of dwelling units per acre of land.
(9) "Developer" - see "subdivider".
(10) "Dwelling unit" means a prescribed area within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(11) "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(12) "Engineer" means any person registered to practice professional engineering by the State board of registration as specified in Ohio R.C. Chapter 4733.
(13) "Final plat" means the final map of all or a portion of the subdivision which together with the construction drawings is presented to the Planning Commission for final approval in accordance with the Subdivision Regulations, and which, if approved, shall be filed with the County recorder of Sandusky County and Seneca County, Ohio.
(14) "Improvements" means street pavement or resurfacing, curb and gutter, sidewalks, water lines, sanitary sewer lines, storm sewers, 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.
(15) "Jurisdictional area" means the incorporated land area within the City and the three-mile jurisdictional area extending outward from the City's corporate limits, within which area the Subdivision Regulations apply in full, following formal adoption of the official thoroughfare plan by Council and subsequent certification to Sandusky County and Seneca County.
(16) "Location map" means a drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby land uses, thoroughfares and community facilities and services within the City in order to better locate and orient the subdivision in question.
(17) "Lot" means a parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally dedicated public thoroughfare, In determining lot area, no part thereof within the limits of the proposed thoroughfare rights of way shall be included.
A. "Lot area" means the computed area contained within the lot lines, excluding right of way.
B. "Lot, corner" means 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 straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
C. "Lot, depth" means the mean horizontal distance between the front and the rear lot lines.
D. "Lot, interior" means a lot other than a corner lot with only one frontage on a street.
E. "Lot lines" means the property lines bounding the lot.
F. "Lot line, front" means the line separating the lot from a street right of way.
G. "Lot line, rear" means the lot line opposite and most distant from the front lot line.
H. "Lot line, side" means any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
I. "Lot, reversed" means 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.
J. "Lot, through" means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as a double frontage lot.
K. "Lot width" means the width of the lot measured at the building setback line.
(18) "Lot of record" means a lot which is part of a subdivision recorded in the office of the Sandusky or Seneca County recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(19) "Maintenance bond" means an agreement by a subdivider or developer with the City for ten percent (10%) of the amount of the estimated construction cost guaranteeing the conveyance of improvements as required in these Regulations to the City in good order according to plans and specifications outlined in these Regulations, and further, guaranteeing that such conveyance of improvements for City acceptance will be contingent upon durability during a one year time period following acceptance of improvements by the City during such time as the developer will assume responsibility for maintaining improvements in the condition under which they were conveyed to the City as long as such conveyance was made in accordance with the standards outlined herein.
(20) "Monuments" means permanent concrete or iron markers used to establish definitely specified lines or boundaries within the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
(21) "Official thoroughfare plan" means the official thoroughfare plan of, and as adopted by, Council, establishing the location and official right-of-way widths of principal highways and streets in the City and within the City's three-mile jurisdictional area on file as part of the Clyde Comprehensive Plan, as set forth in Ordinance 1974-12, in the office of the Clerk and the Sandusky and Seneca County recorder, together with all amendments thereto subsequently adopted.
(22) "Open space" means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, neighborhood and community parkland, swimming pools, tennis courts and other recreational facilities that the Planning Commission deems permissible. Streets, structures for habitation and the like shall not be included.
(23) "Parcel" means any area or tract of land as defined in a recorded deed description and shown on a tax duplicate.
(24) "Performance bond" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of all required public improvements according to plans and specifications within the one year time period prescribed by the subdivider's agreement or posting cash in the amount of the estimated construction cost at the subdivider's or developer's option.
(25) "Planned unit development" means a tract of land in which a variety of dwelling densities and residential types are designated in a preplanned environment under more flexible standards, such as lot sizes and setbacks. The procedure for approval of such development contains a two-step procedure in addition to requirements of the standard subdivision review and approval of the concept plan and the detailed site development plans.
(26) "Planning Commission" means the Planning Commission of Clyde.
(27) "Preliminary plat" means a tentative proposal for the subdivision of land under these Regulations, submitted in map form to the Planning Commission and supplemented with such other submissions as specified herein for its consideration according to the procedures specified herein.
(28) "Right of way" means 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.
(29) "Sanitary sewers" means an approved public sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for the City.
(30) "Service Director" means that person designated by Council to fulfill the requirements of these Regulations, in the professional manner prescribed herein, where reference is made to "Service Director".
(31) "Setback line" means a line established by these Regulations and the Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located aboveground, except as may be provided in these Regulations and the Zoning Ordinance. (See also "yards".)
(32) "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic.
(33) "Storm sewers" means an approved public storm sewer system which provides for the collection of surface water and its discharge into local area drainageways.
(34) "Subdivider" means any individual, property owner, subdivider, developer, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under the Subdivision Regulations to effect a subdivision of land or the improvement of heretofore unimproved land for himself or for another.
(35) "Subdivision" means:
A. The division of any parcel of land shown as a unit or as contiguous units on the tax roll preceding the October 22, 1974, adoption of these Regulations into either two or more parcels, sites or lots, for the purpose, whether immediate or future, of transfer of ownership.
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the 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 leaseholders or as easements for the extension, maintenance of public sewer, storm water drainage or other public facilities.
(36) "Subdivision certificate" means the certificate issued by the administrative officer stating that the proposed subdivision is fully in accordance with all the provisions of these Regulations.
(37) "Surveyor" means any person registered to practice surveying by the State Board of registration as specified in Ohio R.C. Chapter 4733.
(38) "Thoroughfare, street or road" means the full width between property lines bounding every public way with a part thereof to be used for vehicular traffic and designated as follows:
A. "Freeway" means a divided facility for through traffic with full control of access and no traffic crossing at grade. The freeway is designed to provide regional and metropolitan continuity and unity in the traffic system, solely for the purpose of moving high-speed traffic without service or access to abutting property.
B. "Expressway" means a divided arterial highway for long-distance through traffic with full or partial control of access and limited number of cross-traffic intersections. The main purpose of an expressway is to move traffic rather than to serve as access to individual properties. Expressways may be a facility entirely at grade, may have frontage roads, with controlled access features and terminated crossroads, or may be distinguished from a freeway only by an occasional grade intersection.
C. "Primary thoroughfare" means thoroughfares that are intended to move medium-distance through traffic across town; to and from such major traffic generators as industrial employment centers and central business district; and to the expressways and other state highways in the vicinity of the City. Traffic control devices may be utilized to facilitate this traffic flow.
D. "Secondary thoroughfare" means thoroughfares intended to collect and distribute traffic in a manner similar to the primary thoroughfare, except that they serve lesser traffic generator resources such as local commercial areas, primary and secondary schools, parks and recreation areas, churches and the like. These streets provide service to specific traffic destinations and provide for easy movement from one residential neighborhood to another and for cross-town traffic in general.
E. "Collector streets" means streets collecting traffic from various local access streets and distributing this longer-distance traffic to the primary and secondary thoroughfares over which this traffic can move to its destination. A collector serves a residential neighborhood or large subdivision while its primary function is to "collect" local traffic and deliver it to the next higher order street; the secondary function of collector streets is to provide direct-access to abutting properties.
F. "Local access streets" means streets providing direct access to individual properties abutting the street and designed to discourage through traffic between residential neighborhoods. Local access streets comprise a large percentage of total street mileage in the City street network. In addition to providing direct access to property, local access streets also provide right of way beneath them for placement of utility lines and drainage and sewer facilities.
G. "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
H. "Dead-end street" means a street temporarily having one outlet for vehicular traffic and intended to be extended or continued in the future.
I. "Alley" means a minor street used primarily for vehicular service access to the back or side of properties which otherwise abut on streets.
(39) "Variance" means a modification of the strict terms of these 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 action of the applicant, a literal enforcement of these Regulations would result in unnecessary and undue hardship.
(40) "Yard" means a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in these Regulations.
A. "Yard, front" means a yard extending across the full width of the lot, the depth of which shall be the least perpendicular distance between the front lot line and the front of the main building.
B. "Yard, rear" means a yard extending the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building. Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard.
C. "Yard, side" means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.
(41) "Zoning certificate" means the document issued by the City Manager authorizing buildings, structures or uses consistent with the terms of the Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.
(42) "Zoning district" means a portion of the incorporated area of the City for which certain uniform regulations governing the use, height, area and intensity of use by buildings and land and open spaces about buildings are established in the Zoning Ordinance.
(43) "Zoning lot" means a single tract of land which, at the time of the filing for a zoning certificate, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record. The zoning lot shall have adequate frontage on an improved dedicated roadway of adequate width.
(44) "Zoning Ordinance" means Titles Three and Five of this Part Eleven - Planning and Zoning Code.
(Ord. 1974-99. Passed 10-22-74; Ord. 1975-68. Passed 9-23-75.)