Interpretation of terms or words: For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:
(1) “Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(2) “Tense” The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) “Shall” is a mandatory requirement.
(4) “May” is a permissive requirement.
(5) “Should” is a preferred requirement.
(6) “Used” means occupied, intended, designed or arrange to be used or occupied.
(7) “Alley” means a public right of way primarily for secondary access by vehicles to the rear or side of a property abutting on another street. Alleys shall not be approved in residential subdivisions, except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. The minimum width for alleys shall be twenty (20) feet for the right-of-way and eighteen (18) feet for the pavement width.
(8) “Building setback line” means the line set at uniform distance from the front lot line or center line of the dedicated or acquired right of way beyond which no building is allowed to be built.
(9) “City Engineer” means the Safety Service Director or his designee.
(10) “Commission” means the Planning Commission of the City of Delphos.
(11) “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 the extension of the side lot lines meet at an interior angle of less than 135 degrees.
(12) “Covenant” means a written promise or pledge.
(13) “Cul-de-sac” means a local street that has a single means of access and that terminates in a circular vehicular turnaround. Cul-de-sacs should be encouraged where feasible to the extent that they provide low traffic volumes and neighborhood identity. Lengths of cul-de-sacs are limited to 600 feet. An overall Development Plan containing more than three (3) cul-de-sacs and no through streets may be disapproved by the Planning Commission
(14) “Culvert” means a transverse drain that channels surface water under a bridge, street or driveway.
(15) “Density” means a unit of measurement, e.g. the number of dwelling units per acre of land
A. “Gross density” means the number of dwelling units per acre of land to be developed
B. “Net density” means the number of dwelling units per acre of land when, including only the acreage devoted to residential uses and exempting such uses as streets, etc.
(16) “Developer” means any individual, sub-divider, 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 or for another.
(17) “Comprehensive Development Plan” means plan, or any portion thereof, adopted by the Planning Commission and/or the Board of Allen County Commissioners showing the general location and extent of present and proposed physical facilities including residential, industrial, and commercial uses, major streets, parks, schools and other community facilities. This plan established the goals, objectives and policies of the community.
(18) “Dwelling unit” means space 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 one family and its household employees.
(19) “Easement” means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(20) “Flood Plain” means any area documented as having a one percent (1%) or greater change of flooding in any one year identified in the Flood Insurance Rate Maps (FIRM) published by the Federal Emergency Management Agency (FEMA) as being areas of special flood hazards subject to local Floodplain Management Regulations.
(21) “Improvements” means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, street signs, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
(22) “Irrevocable Letter of Credit” means an agreement by a sub-divider or developer with the County Engineer for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement and provisions of these regulations.
(23) “Location map (Vicinity)” means a map to the minimum scale of 1 to 24,000 (1:24,000) which portrays the subdivision to its surrounding area showing the relation and extent of the proposed subdivision to existing or platted rights of way, drainage and easements in order to better locate and orientate the subdivision under review.
(24) “Lot” means as 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. 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
C. A combination of complete lots of records, or complete lots of record and portions of lots of record, or of portions of lots of record.
(25) “Lot, minimum area of” means the area of the lot exclusive of any portion of the right of way of any public or private street.
(26) “Lot measurements”. Measured as follows:
A. Average depth of a lot shall be considered to be the straight line distance between the midpoint of the front lot line or street right of way line and the midpoint of the rear lot line.
B. Average width of a lot shall be considered to be the straight line distance between the midpoints of the side lot lines.
(27) “Lot of record” means a lot which is part of a subdivision recorded in the office of either County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(28) “Lot split” means a division of a parcel of land that does not require a plat to be approved by the Planning Commission according to ORC 711.131. The creation of a buildable lot of less than five (5) acres in size. The proposed minor subdivision shall be located along an existing public roadway and does not involve the opening, widening, or extension of any street or road. See. Minor subdivision.
(29) “Lot types.” Terminology used in these regulations with reference to corner lots, interior lots and through lots is as follows:
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 the extension of the side lot lines meet at an interior angle of less than 135 degrees.
B. “Interior lot” means a lot other than a corner lot with only one frontage on a street.
C. “Through 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 and each frontage shall have a front yard.
D. “Reverse frontage lot” means a lot on which frontage is at right angles to the general pattern in the area. A reverse frontage lot may also be a corner lot. A lot having its rear lot line abutting the right of way of a street or a highway that prohibits access; its access is from a local or marginal access street.
(30) “Major subdivision” means a major subdivision is defined pursuant to Chapter 711 of the Ohio Revised Code as the creation of more than five parcels, inclusive, after the tract of record has been completely subdivided or which involve the opening, widening or extension of a street or road or easement of access.
(31) “Minor subdivision” means a division of a parcel of land that does not require a plat to be approved by the Planning Commission according to ORC 711.131. The creation of a buildable lot of less than five (5) acres in size. The proposed minor subdivision shall be located along an existing public roadway and does not involve the opening, widening, or extension of any street or road. (See Lot Split)
(32) “Monuments, markers and pins.” See Section 1113.03
(33) “Open space area” means the open space area may include, along with natural environment features, such as agriculture, flood plains, areas of natural vegetation, parks and recreation facilities, etc., parking lots and any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like, shall not be included.
(34) “Pad” means a building site prepared by artificial means, including, but not limited to, grading, excavation or filling or any combination thereof.(Same RPC)
(35) “Performance bond” means an agreement by a sub-divider or developer with the City Engineer for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement and provisions of these regulations.
(36) “Planned Unit Development” means the zoning classification permitting flexibility of site design by combining building types and uses in ways that would be prohibited by the detailed predeterminations of traditional zoning standards, e.g., instead of lot-by-lot requirements, some such requirements are applied to an entire zoned area.
(37) “Plan” means a delineation, design or form of representation of anything drawn on a plane.
(38) “Planning Commission” means the Delphos Planning Commission.
(39) “Plat” mean a map or representation of a piece of land subdivided into lots with streets, alleys, etc., drawn to scale and subject to recording.
(40) “Professional Engineer” means any person registered to practice professional engineering by the State Board of Registration as specified in Section 4733.14, Ohio Revised Code.
(41) “Professional surveyor” means any person registered to practice surveying by the State Board of Registration in accordance with Section 4733.14, Ohio Revised Code.
(42) “Public way” means an alley, avenue, boulevard, bridge, channel, ditch easement, expressway, freeway, highway, lane, parkway street, subway, tunnel, viaduct, walk or other ways in which the general public or public entity have a right, or which are dedicated whether improved or not.
(43) “Registered engineer” means any person registered to practice surveying by the State Board of Registration in accordance with ORC 4733.14.
(44) “Registered surveyor” means any person registered to practice surveying by the State Board of Registration in accordance with ORC 4733.99.
(45) “Right of way” means a strip of land taken or dedicated for use as a public way.
(46) “Setback line” means the line set at uniform distance from the front lot line or center line of the dedicated or acquired right of way beyond which no building is allowed to be built. Front, rear, side yard.
(47) “Sewage treatment facility, on site” means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process of 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.
(48) “Sidewalk” means that portion of the road right of way, which is improved for the use of pedestrian traffic.
(49) “Sight Distance Triangle, Clear” means an area of unobstructed vision at street intersections, bounded by a line of sight (eye of the driver at three and three-quarters (3.75) feet above the road at the center line to an object six (6) inches in height) at the center line of the intersecting street; distances along the center line of the street by classification will determine the size of the triangle. No vegetation, structures, or ground shall project vertically into this area to restrict the view.
(50) “Street” means a public thoroughfare more than twenty feet wide. A public road is one which has been dedicated to the public use by the owner of the property and accepted by the local government for public use and maintenance. All streets or roads shall be built to the design and construction standards of the City Engineer as herein described. Private roads are simply easements of access and egress granted by the owner of the land to other maintained under private ownership typically a homeowner’s association. Such roads are permitted only in condominium and apartment complexes or industrial developments and do not provide required frontage for any further land division and are exempt from roadway design and construction standards as described herein.
A. “Alley” means a public right of way primarily for secondary access by vehicles to the rear or side of a property abutting on another street. Alleys shall not be approved in residential subdivisions, except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. The minimum width for alleys shall be twenty (20) feet for the right-of-way and eighteen (18) feet for the pavement width.
B. “Arterial street.” Arterials are major thoroughfares designed to carry traffic between municipalities and other activity centers and to provide connections with major state and interstate roadways. No on-street parking shall be permitted.
C. “Collector street.” Collectors distribute traffic between lower order local roadways and higher order arterials. Their purpose is primarily to promote free traffic flow, and direct access for adjoining lots should be limited where possible. Collectors shall not be used for on-street parking, and may provide linkages to adjoining developments to improve circulation.
D. “Cul-de-sac” means a local street that has a single means of access and that terminates in a circular vehicular turnaround. Cul-de-sacs should be encouraged where feasible to the extent that they provide low traffic volumes and neighborhood identity. Lengths of cul-de-sacs are limited to 600 feet. An overall Development Plan containing more than three (3) cul-de-sacs and no through streets may be disapproved by the Planning Commission.
E. “Dead-end street” means a street having only one (1) inlet/outlet for vehicular traffic. Permanent dead-end streets shall not be permitted except as cul-de-sacs. Temporary Dead-end streets shall be permitted only as part of an approved Overall Development Plan.
F. “Local roadway.” Local Roadways provide access to residential, open space, commercial, industrial, or other abutting property. Local Roadways include Sub-collector Streets, Residential Streets, and Cul-de-sac Streets. Other local roadways are classified as special street types.
G. “Loop street” means a type of local street, each end of which terminates at an intersection with the same street from which it originated.
H. “Marginal access frontage street or service road” means 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.
I. “Residential.” Residential streets have a length of 1,000 feet or less, connect to only two (2) other streets and are the lowest order streets providing access to residential lots and carrying only the traffic generated by adjoining residential land uses. Residential subdivision should be developed so that the maximum number of housing units have frontage on local residential and cul-de-sac streets rather than on higher order roads.
J. “Stub street” means a temporary dead-end street having only one lot fronting on each side of the street.
K. “Subcollector.” Subcollectors are local streets designed to provide access to adjoining property and carry traffic between local residential streets or cul-de-sacs and higher order collectors and arterials. Subcollectors shall be provided when residential subdivisions exceed 100 single family dwellings, or the subdivision has only one entrance from a collector or arterial street.
(51) “Street plan” means the comprehensive plan by the Planning Commission indicating the general location recommended for arterial, collector and local streets.
(52) “Sub-divider” means any individual, sub-divider, 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 or for another.
(53) “Subdivision” means 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, 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.
(54) “Terrain classification” means the classification of terrain within the entire area of the preliminary plan as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:
A. Level Land which has a slope range of four percent (4%) or less.
B. Rolling Land which has a slope range of more than four percent (4%) but not more than eight percent (8%).
C. Hilly Land which has a slope range of more than eight percent (8%) but not more than fifteen percent (15%).
D. Hillside Land which has a slope range of more than fifteen percent (15%).
(55) “Through 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 and each frontage shall have a front yard.
(56) “Transportation Director” means the Director of the Ohio Department of Transportation
(57) “Variance” means 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 resulting in unnecessary hardship.
(58) “Vicinity map” means a map to the minimum scale of 1 to 24,000 (1:24,000) which portrays the subdivision to its surrounding area showing the relation and extent of the proposed subdivision to existing or platted rights of way, drainage and easements in order to better locate and orientate the subdivision under review.
(Ord. 2002-25. Passed 4-8-03.)