1105.03 DEFINITIONS.

   For the purpose of these regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   (a)   "Alley" means a dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.

   (b)   "Block" means that property abutting one side of a street and lying between the two nearest intersecting streets or between the nearest such street and railroad right of way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.

   (c)   "Comprehensive Land Use Plan" means a plan, or any portion thereof, adopted by the City Planning Commission or the Hancock Regional Planning Commission 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.

   (d)   "Commission" means the City of Findlay Planning Commission.

   (e)   "Dwelling unit" means a building or portion thereof designed for occupancy by one family for residential purposes and having cooking and sanitary facilities.

   (f)   "Easement" means a specific area of land over which a liberty, privilege or advantage is granted by the owner to the public, a corporation or some particular person or part of the public for specific uses and purposes, and which shall be designated a "public" or "private" easement, depending upon the nature of the user.

   (g)   "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.

      (Ord. 1992-41. Passed 9-15-92.)

   (h)   "Flag lot" means a lot so shaped that the majority of the lot area is connected to a public roadway by a narrow strip of land. A typical flag lot configuration is one that would resemble a flag and pole. (Ord. 1995-49. Passed 6-20-95.)

   (i)   "Improvements" means street pavement or resurfacing, curbs, gutters, sanitary sewage collection, sidewalks, water lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of land into building sites.

   (j)   "Lot" means, for the purposes of these regulations, 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 lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

      (1)   A single lot of record;

      (2)   A portion of a lot of record;

      (3)   One or more complete lots of record, complete lots of record and portions of lots of record, or portions of lots of record.

   (k)   "Minor subdivision" means a division of a parcel of land 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".

   (l)   "Performance bond" or "surety bond" means an agreement by a subdivider or developer to Council or their designated agent, in the amount of the estimated construction cost, as estimated by the project engineer in his official estimate, assuring the completion of certain physical improvements according to approved plans and specifications, and within the time prescribed by the subdivider's guarantee.

   (m)   "Plat" means a map or drawing of a subdivision of land.

      (1)   "Preliminary plat" means a map showing all requisite details of a proposed subdivision submitted to the Commission for purposes of preliminary consideration, prepared in conformance with these regulations.

      (2)   "Final plat" means a map of all or part of a subdivision providing substantial conformance to the approved preliminary plat of the subdivision, prepared in conformance with the requirements of these regulations and suitable for recording by the County Recorder.

   (n)   "Public utility" means any individual, firm, association, syndicate, corporation, partnership, municipal department, board or commission, duly authorized to furnish and furnishing under governmental regulations, to the public: facilities, products or services, such as gas, steam, electricity, sewage and storm water disposal, communication, telegraph, transportation, potable water, etc.

   (o)   "Public walkway" means a right of way dedicated for the purpose of pedestrian access through residential areas, and located so as to connect to two or more streets, or a street and a public land parcel.

   (p)   "Setback line" means a line established by the Subdivision Regulations or Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory buildings, or structure may be located above ground, except as may be provided in these Codes.

   (q)   "Street" means any street, avenue, boulevard, road, lane, parkway, viaduct or other way which is an existing state, county, township or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the County Recorder. A street includes the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and lawns.

      (1)   "Boulevard street" means a street developed into two multi-lane, one-way pavements, separated by a median.

      (2)   "Cul-de-sac street" means a minor street of short length, having one end open to traffic and being permanently terminated at the other end by a turn-around.

      (3)   "Major thoroughfare" means an arterial street of extended continuity which is intended to serve as a large volume trafficway for both the immediate area and region beyond, and is designated on the Findlay Thoroughfare Plan as a major thoroughfare.

      (4)   "Marginal access street" means a minor street paralleling and adjacent to a major thoroughfare which provides access to abutting properties and protection from through traffic.

      (5)   "Minor street" means a street of limited continuity used primarily for access to abutting properties.

      (6)   "Secondary thoroughfare" means a street used primarily to carry traffic from minor streets to major thoroughfares, and is designated on the Findlay Thoroughfare Plan as a secondary thoroughfare.

         (Ord. 1996-117. Passed 1-7-97.)

      (7)   "Turn-around" means a short boulevard street permanently terminated by a vehicular turn-around.

   (r)   "Subdivider" means any individual, 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.

   (s)   "Subdivision" means:

      (1)   The division of any parcel of land shown as a unit or as contiguous units on the tax roll next preceding January 15, 1963, the date of adoption of the City's original Subdivision Regulations, into two or more parcels, sites or lots, any one of which is five acres or less in area, for the purpose, whether immediate or future, of transfer of ownership, providing, 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; 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 land as open space 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. (See "minor subdivision").

   (t)   "Surveyor" means any person registered to practice surveying by the State Board of Registration as specified in Ohio R.C. 4733.14.

   (u)   "Thoroughfare Plan" means the part of the Comprehensive Land Use Plan which sets forth the location, alignment and dimensions of existing and proposed streets and thoroughfares.

   (v)   "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 the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

   (w)   "Vicinity 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 developments, landmarks, community facilities, watersheds and services within and adjacent to the City in order to better locate and orient the area in question.

      (Ord. 1992-41. Passed 9-15-92.)

   (x)   "Subdivision Regulations" or "these regulations" means Ordinance 1992-41, passed September 15, 1992, which is codified as Title One of this Part Eleven - Planning and Zoning Code.