As used in these Regulations:
(a) General Definitions.
(1) Shall, may and should. "Shall" is mandatory, "may" is permissive and "should" is a preferred requirement.
(2) Used and occupied. "Used" and "occupied" include the words "intended, designed or arranged to be used or occupied. "
(3) Lot. "Lot" includes the words "plot" or "parcel."
(b) Specific Definitions.
(1) Alley. See "Thoroughfare. "
(2) Block. "Block" means a unit of property entirely surrounded by public highways and streets, railroad rights of way, waterways or other barriers, or a combination thereof.
(3) Board of Appeals. "Board of Appeals" means the Administrative Board for Planning and Zoning Appeals, until such time as Council establishes a separate Board of Zoning Appeals, as provided in Section 3.10 of the City Charter.
(4) City Engineer. "City Engineer" means the officer designated and authorized by the City Manager to carry out various functions as specified in these Regulations.
(5) Clerk of Council. "Clerk of Council" means the Clerk of Council of the City.
(6) Cluster development. "Cluster development" means a development that permits the grouping of residential dwellings within an "R" Zoning District whereby the yard requirements for their zoning lots are relaxed to provide more flexibility in land planning while maintaining the same overall density.
(7) Comprehensive Plan. "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.
(8) Concept plan. "Concept plan" means a sketch which is prepared prior to the preliminary plat showing in general outline the intent of the proposed subdivision development.
(9) Corner lot. See "Lot types. "
(10) Covenant. "Covenant" means a written promise or pledge.
(11) Cul-de-sac. See "Thoroughfare."
(12) Culvert. "Culvert" means a transverse drain that channels under a street or driveway.
(13) Dead-end street. See "Thoroughfare. "
(14) Density. "Density" means a unit of measurement of the number of dwelling units per acre of land.
(15) Developer. See "Subdivider. "
(16) Dwelling unit. "Dwelling unit" means space, within a building, comprising a living, dining and sleeping room or rooms, storage closets, space and equipment for cooking and bathing and toilet facilities, all used by only one family and its household employees.
(17) Easement. "Easement" means authorization by a property owner for the use by another, for a specified purpose, of any designated part of his or her property.
(18) Enforcement Officer. "Enforcement Officer" means the Code Enforcement Officer of the City.
(19) Engineer. "Engineer" means any person registered to practice professional engineering by the State Board of Registration, as specified in Ohio R.C. Chapter 4733.
(20) Final plat. "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 these Regulations and which, if approved, shall be filed with the County Recorder.
(21) Improvements. "Improvements" means street pavement or resurfacing, curbs and gutters, sidewalks, water lines, sanitary sewerage 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.
(22) Jurisdictional area. "Jurisdictional area" means the unincorporated land area within three miles of the City's corporate limits for which the City has filed an officially adopted Official Thoroughfare Plan with the County.
(23) Location map."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.
(24) Lot. "Lot" means a 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 a 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 record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(25) Lot frontage. "Lot frontage" means the 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 streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this section.
(26) Lot, minimum area of. "Minimum area of a lot" means the area of a lot computed exclusive of any portion of the right of way of any public or private street.
(27) Lot measurements. A lot shall be measured as follows:
A. Depth. 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 the front and the rearmost points of the side lot lines in the rear.
B. Width. 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 set-back 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 sixty percent of the required lot width.
(28) Lot of record. "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 on a single record of ownership.
(29) Lot types. Corner lots, interior lots and through lots are defined 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 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.
B. "Interior lot" means a lot other than a corner lot with only one frontage on a street.
C. "Through lot" or a double frontage lot means a lot other than a corner lot with frontage on more than one street.
D. "Reversed frontage lot" 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.
(30) Maintenance bond. "Maintenance bond" means an agreement by a subdivider or developer with the City for ten percent 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 such improvements by the City, during which time the developer will assume responsibility for maintaining the improvements in the condition under which they were conveyed to the City so long as such conveyance was made in accordance with the standards outlined herein.
(31) Monuments. "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.
(32) Official Thoroughfare Plan. "Official Thoroughfare Plan" means the plan map and text entitled "Official Thoroughfare Plan" formally adopted by the Planning Commission and Council indicating the general location recommended for State highways, primary and secondary thoroughfares and collector and local streets within the corporate limits of the City and/or unincorporated areas within three miles thereof.
(33) Open space. "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 parklands, swimming pools, tennis courts and any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included.
(34) Performance bond. "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 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.
(35) Planned unit development. "Planned unit development" means an area of land in which a variety of housing types are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions which would normally apply under these Regulations. The procedure for approval of such a development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
(36) Planning Commission. "Planning Commission" means the Planning Commission of the City.
(37) Plat. "Plat" means the map, drawing or chart on which the developer's preliminary plan of the subdivision is presented to the Planning Commission for approval and, after such approval, to the County Recorder for final recording.
(38) Preliminary plat. "Preliminary plat" means a tentative proposal for the subdivision of land under the regulations specified by 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.
(39) Right of way. "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 and lighting and drainage facilities, and may include special features required by the topography or treatment, such as grade separation, landscaped areas, viaducts and bridges.
(40) Sanitary sewers. "Sanitary sewers" means an approved public sewage disposal system which provides a collection network and disposal system and a central sewage treatment facility for the City.
(41) Set-back line. "Set-back line" means a line established by these Regulations and 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 otherwise provided in these Subdivision Regulations or the Zoning Code.
(42) Sidewalk. "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic.
(43) Storm sewers. "Storm sewers" means an approved public storm sewerage system which provides for the collection of surface water and its discharge into local area drainageways.
(44) Subdivider. "Subdivider" means 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 itself or for another.
(45) Subdivision. "Subdivision" means:
A. The division or redivision of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more lots, tracts or parcels, 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 for residential use, not involving any new streets or easements of access or fronting on existing streets or roads which are required to be widened under local law, 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, and provided, further, that the simple inheritance of land by will or intestate succession shall be exempted;
B. The improvement of one or more lots, tracts or parcels of land of any size 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;
C. The division or allocation of land as open spaces for common use by owners, occupants or leaseholders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities; or
D. The improvement of one or more parcels of land by the erection or enlargement thereon of any residential, commercial or industrial structure or groups of structures.
(46) Surveyor. "Surveyor" means any person registered to practice surveying by the State Board of Registration as specified in Ohio R.C. Chapter 4733.
(47) Thoroughfare, street and road. "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:
A. "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. "Primary thoroughfare" means a street primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
C. "Secondary thoroughfare" means a street primarily for crosstown traffic but also carrying a certain level of through traffic.
D. "Collector street" means a thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local access streets to primary and secondary thoroughfares, 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 one outlet for vehicular traffic and intended to be extended or continued in the future.
G. "Local access street" means a street primarily for providing access to residential, commercial or other abutting property.
(48) Through lot. See "Lot types. "
(49) Variance. "Variance" means a modification of the strict provisions 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.
(Ord. 73-09. Passed 3-13-73. )