(a) General terms. As used in these subdivision regulations, words in the present tense include the future tense, the singular number includes the plural and the plural number includes the singular. In addition:
(1) “Commission” means the Municipal Planning Commission.
(2) “Council” means the legislative body of the municipality.
(3) “Lot” includes the words “plot” and “parcel.”
(4) “Manager” means the Municipal Manager.
(5) “Person” means an individual, firm, association, organization, partnership, trust, company or corporation.
(6) “Secretary” means the Secretary of the Planning Commission.
(7) “Shall” is a mandatory requirement, “may” is a permissive requirement and “should” is a preferred requirement.
(8) “Used” and “occupied” include “intended, designed or arranged to be used or occupied.”
(b) Specific terms. As used in these subdivision regulations:
(1) “Alley.” See under Thoroughfare, street and road.
(2) “Building line.” See Setback line.
(3) “Comprehensive Development Plan” means the Plan, or any portion hereof, adopted by the Planning Commission and/or 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. Such Plan establishes the goals, objectives and policies of the community.
(4) “Corner lot.” See under Lot types.
(5) “Covenant” means a written promise or pledge.
(6) “Cul-de-sac.” See under Thoroughfare, street and road.
(7) “Culvert” means a transverse drain that channels under a bridge, street or driveway.
(8) “Dead-end street.” See under Thoroughfare, street and road.
(9) “Developer” means an individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these subdivision regulations to effect a subdivision of land under these subdivision regulations for himself or herself or for another person.
(10) “Dwelling unit” means space, within a building, comprising a living, dining and sleeping room or rooms and 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 the authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
(12) “Engineer” means any person registered to practice professional engineering by the State Board of Registration for Professional Engineers and Surveyors, as specified in Ohio R.C. 4733.14.
(13) “Highway Director” or “Transportation Director” means the Director of the State Department of Transportation.
(14) “Improvements” means street pavement or resurfacing and 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.
(15) “Location map.” See Vicinity map.
(16) “Lot” means a parcel of land of sufficient size to meet the minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are required under these subdivision regulations. Such lot shall have frontage on an improved public street or on an approved private street and may consist of:
A. A single lot of record;
B. A portion of a lot of record; or
(17) “Lot frontage” means that portion of a lot nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street shall be considered frontage. Yards shall be provided as indicated under division (b)(49) hereof.
(18) “Lot measurements.”
A. “Lot depth” means the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the front, and the rearmost points of the side lot lines in the rear, of a lot.
B. “Lot width” means the distance between straight lines connecting front and rear lot lines at each side of a lot, measured at the building setback line, provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width.
(19) “Lot, minimum area of.” “Minimum area of lot” means the area of a lot exclusive of any portion of the right-of-way of any public or private street.
(20) “Lot of record” means 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.
(21) “Lot types.”
A. “Corner lot” 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 on the lot meet at an interior angle of less than 135 degrees.
B. “Interior lot” 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 double frontage lots.
C. “Reversed frontage lot” means a lot whose frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(22) “Major Thoroughfare Plan” means the comprehensive plan adopted by Council indicating the general location recommended for arterial, collector and local thoroughfares within the corporate limits of the municipality and unincorporated areas surrounding the municipality.
(23) “Minor subdivision” means a division of a parcel of land that does not require a plat to be approved by a planning authority, in accordance with Ohio R.C. 711.131, and is also known as a lot split.
(24) “Monument” means a permanent concrete or iron marker used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary lines, corners and points of change in street alignment.
(25) “Open space” means an area open to the sky which may be on the same lot with a building. Such area may include, along with natural environmental features, a swimming pool, tennis court or any other recreational facility that the Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included.
(26) “Outlot” means the property shown on a subdivision plat outside of the boundaries of the land which is to be developed, which property is to be excluded from the development of the subdivision.
(27) “Parking space, off-street.” “Off-street parking space” means an area adequate for parking an automobile, with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but located totally outside of any street or alley right-of- way.
(28) “Performance bond” and “surety bond” mean an agreement by a subdivider or developer with the municipality for the amount of the estimated construction cost, guaranteeing the completion of physical improvements, in accordance with plans and specifications, within the time prescribed by the subdivider’s or developer’s agreement.
(29) “Planned unit development” means an area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these subdivision 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.
(30) “Plat” means the map, drawing or chart on which a developer’s plan of subdivision (preliminary) is presented to the Planning Commission for approval and, after such approval, to the County Recorder (final) for recording.
(31) “Public way” means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or any other way in which the general public or a public entity has a right, or which is dedicated, whether improved or not.
(32) “Right-of-way” means a strip of land taken or dedicated for use as a public way. In addition to a roadway, a right-of-way normally incorporates curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by topography or treatment), such as grade separation, landscaped areas, viaducts or bridges.
(33) “Road.” See Thoroughfare, street and road.
(34) “Setback line” means a line established by the Zoning Code, generally parallel with, and measured from, the lot line, defining the limits of a yard in which no building, other than an accessory building or structure, may be located above ground, except as may be provided in such Code. (See Yards.)
(35) “Sewer, central and group.” “Central sewer” and “group sewer” mean 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.
(36) “Sewer, on-site.” “On-site sewer” means 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.
(37) “Sidewalk” means that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. (See Walkway.)
(38) “Street.” See Thoroughfare, street and road.
(39) “Subdivider.” See Developer.
(40) “Subdivision” means:
A. The division of any 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 (See Figure 4 immediately following these subdivision regulations.), provided, however, that the division or partition of land into parcels of more than five acres not involving any new street or easement 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
B. 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 except a private street serving industrial structures, or 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 a public sewer, water, storm drainage or other public facility. (See Minor subdivision.)
(41) “Surveyor” means any person registered to practice surveying.
(42) “Thoroughfare,” “street” and “road” mean the full width between property lines bounding every public way, with a part thereof to be used for vehicular traffic and designated as follows: (See Figure 5 immediately following these subdivision regulations.)
A. “Alley” means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. “Arterial street” means a highway used primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route.
C. “Boulevard” means a thoroughfare described as consisting of parallel streets, the right-of-way for each of which streets shall be not less than 35 feet wide, and such parallel streets shall be separated by a landscaped or grass strip of land which shall not be less than 30 feet wide. A “boulevard” of such length as shall be deemed reasonable by the Planning Commission to satisfy public safety and convenience concerns may be used to provide the sole means of ingress and egress for a residential, industrial, commercial or other type of development where, owing to conditions peculiar to such a development, multiple means of ingress and egress for such a development cannot be otherwise established, or cannot be otherwise established without material financial or other hardship, or a “boulevard” is, as determined by the Planning Commission, best suited for such a development.
D. “Collector street” means a thoroughfare, 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.
E. “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 turn-around.
F. “Dead-end street” means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
G. “Local street” means a street primarily for providing access to residential, commercial or other abutting property.
H. “Loop street” means 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 or normally more than 600 feet from each other.
I. “Marginal access street” and “frontage street” mean 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.
(43) “Through lot.” See under Lot types at Interior lot.
(44) “Tree lawn” and “devil strip” mean that portion of a street right-of-way between the edge of a pavement or curb and the public sidewalk or property line.
(45) “Variance” means a modification of the strict terms of the relevant subdivision regulations, where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property in question and not the result of the action of the applicant for the variance, a literal enforcement of such regulations would result in unnecessary and undue hardship.
(46) “Vicinity map” means a drawing located on the plat which sets forth the relationship of the proposed subdivision or use to other nearby developments, landmarks and community facilities in order to better locate and orient the area in question.
(47) “Walkway” means a dedicated public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
(48) “Watershed” means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(49) “Yard” means a required open space, other than a court, which is 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 that accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. (See Figure 3 immediately following these subdivision regulations.)
A. “Front yard” means 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.
B. “Rear yard” means 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.
C. “Side yard” means 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.
(Ord. 74-O-129, passed 10-17-1974; Ord. 98-O-1698, passed 10-6-1998)