1109.02 DEFINITIONS.
   (1)   "Alley". See "thoroughfare".
   (2)   "Building line". See "setback line".
   (3)   "Comprehensive Development Plan" means a plan, or any portion thereof, adopted by the Countywide Planning Commission and/or Council 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.
   (4)   "Commission" means the Municipal Planning Commission.
   (5)    "Corner lot". See "lot types".
   (6)   "Covenant" means a written promise or pledge.
   (7)    "Cul-de-sac". See "thoroughfare".
   (8)   "Culvert" means a transverse drain that channels under a road, street or driveway.
   (9)   "Dead-end street". See "thoroughfare".
   (10)   "Density" means a unit of measurement; the number of dwelling units per acre of land.
      A.   "Gross density" means the number of dwelling units per acre of the total land to be developed.
      B.   "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
   (11)   "Density, low residential" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed two dwelling units per gross acre.
   (12)   "Density, medium residential" means land to be utilized for residential purposes, including public housing and industrialized units which has three to four dwelling units per gross acre.
   (13)   "Density, high residential" means land to be utilized for residential purposes including public housing and industrialized units, which has eight or more dwelling units per gross acre..
   (14)   "Developer" 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 hereunder for himself or for another.
   (15)   "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 only one family and its household employees.
   (16)   "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
   (17)   "Engineer" means any person registered to practice professional engineering by the State board of registration as specified in Ohio R. C. 4733. 14.
   (18)   "Highway Director" means the director of the Ohio Department of Transportation.
   (19)   "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, 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.
   (20)   "Location map". See "vicinity map".
   (21)   "Lot". For purposes of these Regulations, a lot is 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, 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.
   (22)   "Lot frontage" means the portion of the 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 the definition of "yards".
   (23)   "Lot, minimum area" means the area computed exclusive of any portion of the right of way of any public or private street.
   (24)   "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.
   (25)   "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.
      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".
   (26)    "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".
   (27)    "Monuments" means permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
   (28)    "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, swimming pools, tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included.
   (29)    "Out lot" means 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.
   (30)    "Performance bond" or "surety bond" means an agreement by a subdivider or developer with the Municipality 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 subdivider's agreement.
   (31)    "Planned unit development" means an area of land, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally 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.
   (32)    "Plat" means the map, drawing or chart on which the developer's plan of subdivision (preliminary) is presented to the Planning Commission for approval and, after such approval, to the County Recorder (final) for recording.
   (33)    "Public way" means 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 way in which the general public or a public entity have a right, or which are dedicated, whether improved o r not.
   (34)    "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, lighting and drainage facilities, and may include special features, required by the topography or treatment, such as grade separation, landscaped areas, viaducts and bridges.
   (35)    "Setback line" means a line established by a zoning resolution, generally parallel to a street delineating the minimum allowable distance between the street right of way and the front of a structure.
   (36)    "Sewers, central or group" means 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.
   (37)    "Sewers, on site" means a septic tank or similar installation on an individual lot which provides 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.
   (38)    "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic. See "walkway".
   (39)    "Subdivider". See "developer".
   (40)    "Subdivision".
      A.    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 easement 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
      B.    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 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.
   (41)    "Surveyor" means any person registered to practice surveying.
   (42)    "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:
      A.    "Level" means that land which has a cross slope range of four percent (4%) or less;
      B.    "Rolling" means that land which has a cross slope range of more than four percent (4%) but not more than eight percent (8%).
   (43)    "Thoroughfare", "street" or "road" means 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:
      A.    "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
      B.    "Arterial street" means a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
      C.    "Collector street" means a thoroughfare which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
      D.    "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 turnaround.
      E.    "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
      F.    "Local street" means a street primarily for providing access to residential, commercial or other abutting property.
      G.    "Loop street" means 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 the arterial or collector street, nor normally more than 600 feet from each other.
      H.    "Marginal access street" 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; also called "frontage street".
   (44)    "Through lot". See "lot types".
   (45)    "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. A variance must be applied for in writing.
   (46)    "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 or landmarks and community facilities and services within and near to the Municipality in order to better locate and orient the area in question.
   (47)    "Walkway" means a dedicated public way, four feet or more in width, for pedestrian use only.
   (48)   "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
   (49)    "Yard" means a required open space other than a court unoccupied. and unobstructed by any structure or portion of a 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 obstruction of visibility.
      A.    "Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
      B.    "Yard, rear" means 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, corner lots excepted.
      C.    "Yard, side" means 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.