For the purpose of these Regulations, certain terms are defined as follows:
(1) "Block" means a parcel or parcels of land entirely surrounded by public highways, streets, streams, railroad rights-of-way or a combination thereof.
(2) "City" means the City of Elyria.
(3) "County" means Lorain County, Ohio.
(4) "Crosswalk" means a right-of-way, thirty feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
(5) "Developer" means any person, firm, partnership or corporation, or a duly authorized agent thereof, who constructs or contracts to construct improvements on subdivided land.
(6) "Easement" means a right to some profit, benefit or use out of, or over, the land of another, created by grant or prescription.
(7) "Engineer" means a person registered with the Ohio State Board of Registration, in good standing, authorized to practice engineering.
(8) "Flood plain" means a special flood hazard area as identified on the Flood Insurance Rate Map (FIRM) for the City of Elyria, as prepared by the Federal Emergency Management Agency (FEMA). Areas of special flood hazard are designated by FEMA as Zones A, AE, AH, AO, A1-30 and A99.
(9) "Future Comprehensive (General or Master) Plan" means the Plan adopted by the Planning Commission and hereafter amended and supplemented, indicating the general locations recommended for land uses, principal streets, parks, public buildings, zoning districts, the character and extent of community development and other physical aspects of urban and rural planning, or portions thereof, on file in the office of the County Recorder and in the office of the Planning Commission.
(10) "Improvements" means street pavements, with or without curbs or gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, street trees and other appropriate items.
(11) "Inspection fee" means the cost to the City or the County, if it is involved, of supervising construction, to be paid by the subdivider or the developer.
(12) "Key (location) map" means a drawing, at a reduced scale, located on a preliminary subdivision plan, which shows, legibly, by dimension and/or other means, enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision within the City, and the relationship of the site to the community facilities which serve or influence the property.
(13) "Lot" means a piece or parcel of land, unoccupied, occupied by a principal building or group of buildings and accessory buildings, or utilized for a principal use and accessory uses thereto, together with required open spaces, and having frontage on a public street or on an easement of record.
(14) "Lot, corner" means a lot abutting upon two or more streets at their intersection.
(15) "Lot split" means any division of land into two or more parcels for the purpose, whether immediate or future, of transfer or of ownership, and which does not constitute a subdivision as defined herein.
(16) "Official Thoroughfare Plan" means the system of existing and proposed thoroughfares, as adopted by City Council, together with all amendments, establishing the location and official right-of-way width of major thoroughfares and streets in the City.
(17) "Open space" means land used for resource protection, recreation, amenity and/or buffers.
(18) "Performance guarantee" means a personal or corporate agreement between a subdivider and the City, in favor of the City, guaranteeing the completion of physical improvements according to the approved plan and specifications within the time prescribed by the subdivider's agreement.
(19) "Planning Commission" or "Commission" means the duly appointed Planning Commission of the City of Elyria, which controls the platting of land within the City.
(20) "Plan, preliminary subdivision" means a map or drawing on which the layout and design of a subdivision conforms with Chapter 1113.
(21) "Plat, final" means a plan or drawing as established in Chapter 1113. A final plat is a record plat to be submitted to the County for recording.
(22) "Regulations" means the Subdivision Regulations of the City of Elyria.
(23) "Reproducible tracing" means a sepia, brownline, mylar or other drawing from which a print may be directly taken.
(24) "Right-of-way" means a strip of land, between property lines, dedicated for use by the public or owned by the public, for street use.
(25) "Roadway" means the portion of a street right-of-way available for vehicular traffic, including parking lanes.
(26) "Setback line, building" means a line indicating the minimum horizontal distance between the street easement or right-of-way line and buildings, or any projection thereof, exclusive of such parts hereinafter excepted. Excepted projections, such as, but not limited to, architectural features, eaves, gutters, cornices, window sills, bay windows, chimneys, flues, pilasters, lintels and the like, shall not extend or project into a required front, rear or side yard more than two feet. Open, unenclosed and uncovered porches, steps, paved terraces and the like may project beyond the front building line or into a required rear yard a distance not to exceed five feet.
(27) "Street" means an avenue, highway, road, thoroughfare, boulevard, parkway, alley or other way proposed for vehicular traffic, and any existing State, County, Township or City street or way shown upon a plat heretofore duly approved, filed and recorded in the office of the County Recorder. Included in this definition is the land between street right-of-way lines, whether improved or unimproved, and the definition may comprise pavement, shoulders, gutters, sidewalks, median or dividing strips or other areas within the street lines. Streets shall be classified as follows:
A. "Limited-access highway (freeway)" means a divided street, designed for the fast movement of large volumes of traffic, providing no access to abutting properties and having grade separations at all intersections.
B. "Major street" or "arterial street" means a street usually having uncontrolled access and intersections at grade, and designed for moving large volumes of traffic between large or intensively developed districts.
C. "Secondary street" or "collector street" means a street supplementary to connecting major streets, to local streets and to district centers.
D. "Local street" means a street primarily for access to abutting residential properties and serving local needs.
1. "Cul-de-sac" means a street one end of which connects with another street and the other end of which terminates with turning facilities for vehicles.
2. "Marginal access street" means a local street providing access to lots which abut or are adjacent to a limited-access highway or major street.
3. "Alley" means a street providing service access to the rear or side of properties abutting also on other streets.
E. "Private street" means a strip of private land providing access to abutting properties.
(28) "Subdivider" means any person, firm or corporation, or a duly authorized agent thereof, who undertakes the subdivision of land as defined in Section 1110.01.
(29) "Subdivider's/developer's agreement" means an agreement by and between a subdivider and/or developer and the City that sets forth the manner in which the subdivider and/or developer agrees to proceed with the construction of public improvements and the disposition of lots in the subject subdivision.
(30) "Surveyor" means a person registered with the Ohio State Board of Registration, in good standing, to practice land surveying.
(31) "Tree lawn" means the portion of a street right-of-way between the edge of the pavement or curb and the public sidewalk or property line.
(32) "Variance" means a modification of the strict terms of the relevant Subdivision Regulations, by the Planning Commission, where such modification will not be contrary to the public health, safety or welfare and where, owing to conditions peculiar to the property and not the result of any action of the applicant, a literal enforcement of these Regulations would result in unnecessary and undue hardship.
(33) "Width, average" means the distance measured between the midpoint of the sides of a lot. When the two sides are not straight, the Planning Commission shall determine the average width.
(34) “Assisted living facility” means a facility for the care of elderly or disabled people who need some protective oversight or assistance due to functional limitations which also provides a residential living environment, congregate meals, housekeeping and other supportive services.
(Ord. 97-297. Passed 12-15-97; Ord. 2010-5. Passed 1-19-10.)