For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:
(a) "Alley." See "thoroughfare."
(b) "Building line." See "setback line."
(c) "Building site." A parcel under separate deed or description containing less than five acres and having frontage on a dedicated public right-of-way.
(d) "City". The City of East Palestine.
(e) "City Manager." The Manager of the City of East Palestine, Ohio.
(f) "Comprehensive Development Plan." A plan or any portion, thereof, adopted by the Planning Commission of the City of East Palestine, Ohio, 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 community.
(g) "Corner lot." See "lot types."
(h) "Covenant." A written promise or pledge.
(i) "Cul-de-sac." See "thoroughfare."
(j) "Culvert." A transverse drain that channels under a bridge, street, or driveway.
(k) "Dead-end street." See "thoroughfare."
(l) "Density." A unit of measurement; the number of dwelling units per acre of land.
(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 to be developed after subtracting out the land dedicated to street rights-of-way and other public purposes.
(m) "Density, high residential." Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed 32 dwelling units per gross acre.
(n) "Density, low residential." Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed two dwelling units per gross acre.
(o) "Density, medium residential." Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed eight dwelling units per gross acre.
(p) "Density, medium-low residential." Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed four dwelling units per gross acre. For the purpose of street design requirements, the medium-low density residential classification shall be considered as medium density.
(p) "Density, medium-high residential." Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed 16 dwelling units per gross acre. For the purposes of street design requirements, the medium-high density residential classification shall be considered as high density.
(r) "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 for himself or for another.
(s) "Dwelling unit." 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 only one family and its household employees.
(y) "Easement." Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(u) "Engineer." Any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
(v) "Environmental Protection Agency." Ohio Environmental Protection Agency (E.P.A.).
(w) "Flood plain requirements." See Section 1224.33.
(x) "Health Department." The City of East Palestine Health Department.
(y) "Highway Director." The Director of the Ohio Department of Transportation.
(z) "Improvements." Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, streetlights, flood control for drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
(aa) "Location map." See "vicinity map."
(bb) "Lot." Includes the words "plot" or "parcel." For purposes of these regulations, a lot is a parcel of land that is:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) 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.
(cc) "Lot frontage." The front of a lot shall be constructed 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 "yards" in this section.
(dd) "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 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, 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 percent of the required lot width.
(ee) "Lot, minimum area of." The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
(ff) "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.
(gg) "Lot split." See "minor subdivision."
(hh) "Lot types." Terminology used in these regulations with reference to corner lots, interior lots and through lots is as follows:
(1) A corner lot is defined as 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.
(2) An interior lot is a lot other than a corner lot with only one frontage on a street.
(3) A through lot is 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.
(4) A reverse frontage lot is a lot on which frontage is at right angles to the general pattern in the area. A reverse frontage lot also may be a comer lot.
(ii) "Minor subdivision." A division of a parcel of land into five lots or fewer that does not require a plat to be approved by a planning authority according to Ohio R.C. 711.131. Also known as "lot split."
(jj) "Monuments." Permanent concrete or iron markers 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.
(kk) "Open space." 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, swimming pools, tennis courts, and any other recreational facilities that the Planning Commission deems permissible. Streets, structures for habitation, and the like shall not be included.
(ll) "Out lot." 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.
(mm) "Pad." A building site prepared by artificial means, including, but not limited to, grading, excavation, or filling, or any combination thereof.
(nn) "Parking space, off-street." For the purpose of these regulations, an off-street parking space shall consist of 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 shall be located totally outside of any street or alley right-of-way.
(oo) "Performance bond" or "sure bond." An agreement by a subdivider or developer with the City of East Palestine for the amount of the estimated construction cost (as approved by the East Palestine City Manager) guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(pp) "Person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.
(qq) "Planned unit development." An area of land, in which a variety of housing types and/or related commercial and industrial facilities, including more than one residential or commercial or industrial structure, are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that normally would 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.
(rr) "Plat." The map, drawing, or chart on which the developer's plan of the subdivision (preliminary) is presented to the Planning Commission for approval and, after such approval, to the County Recorder (final) for recording.
(ss) "Private agreements." Irrevocable legally binding commitments between subdividers or developers and private parties or special districts or political subdivisions other than the City of East Palestine, to provide stipulated services.
(tt) "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 entity have a right, or which are dedicated, whether improved or not.
(uu) "Setback line." A line established by the subdivision regulations 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 above ground. (See Table 4)
(vv) "Sewers, central or group." 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.
(ww) "Sewers, on-site." A septic tank or similar installation on an individual lot which utilizes an aerobic or anaerobic 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.
(xx) "Shall" or "will" is mandatory, the word "may" is permissive, and the word "should" is a preference.
(yy) "Sidewalk." That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
(zz) "Subdivider." See "developer."
(aaa) "Subdivision."
(1) 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 does not involve any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange of parcels between adjoining lot owners 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 and 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.
(bbb) "Surveyor." Any person registered to practice surveying by the State Board of Registration as specified in Ohio R.C. 4733.02.
(ccc) "Table." Refers to the tables in the City Manager's set of standard drawings.
(ddd) "Technical Review Committee." A committee of representatives of the City Manager, the City Health Department, the Planning Commission, and of such other agencies, Boards and Commissions or any other representatives as determined by the Planning Commission, who shall meet regularly to discuss informally the purpose and effect of these regulations with subdividers, and to offer advice and assistance to the Planning Commission.
(eee) "Terrain classification." Terrain within the entire area of the preliminary plat is classified as level, rolling, hilly, or hillside for street design purposes. The classifications are as follows.
(1) "Level" is that land which has a cross slope range of four percent or less;
(2) "Rolling" is that land which has a cross slope range of more than four percent but not more than eight percent;
(3) "Hilly" is that land which has a cross slope range of more than eight percent but not more than 15 percent;
(4) "Hillside" is that land which has a cross slope range of more than 15 percent.
(fff) "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 primarily used for vehicular services access to the back or side of properties abutting on another street.
(2) "Arterial street." A general term denoting a highway primarily used for through traffic, carrying heavy loads and large volume traffic, usually on a continuous route.
(3) "Collector street." 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.
(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) "Dead-end street." A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(6) "Local street." A street primarily for providing access to residential, commercial, 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 said arterial or collector street, nor normally more than 600 feet from each other, and having no other intersections.
(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.")
(ggg) "Thoroughfare" or "Transportation Plan." The official Thoroughfare Plan of, and as adopted by the Planning Commission, establishing the location and official right-of-way width of principal highways and streets in the City, on file in the office of the Clerk of Council and the Planning Commission, together with all amendments thereto subsequently adopted.
(hhh) "Through lot." See "lot types."
(iii) "Transportation Plan." See "Thoroughfare Plan."
(jjj) "Used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."
(kkk) "Variance." A variance is 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 action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. A variance only may be granted by the City Council.
(lll) "Vicinity map." A drawing located on the plat which sets forth, by dinnensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks in order to better locate and orient the area in question.
(mmm) "Watershed." The drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(nnn) "Yard." A required open space other than a court unoccupied and unobstructed by any 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 obstructions of visibility.
(1) "Yard, front." A yard extending between side lot lines across the front of a lot and from the front line to the front of the principal building.
(2) "Yard, rear." 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) " Yard, side." 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.
(ooo) The present tense includes the future tense; the singular number includes the plural; and the plural number includes the singular.
(Ord. 12-02. Passed 7-8-02.)