For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street, the lake, between any of the foregoing, unsubdivided acreage, and any barrier to the continuity of the foregoing.
COASTAL FLOOD PLAIN. The coastal lake areas which have been or hereafter may be covered by the regional flood defined as a high Lake Erie water level elevation.
COMMISSION. The Kelleys Island Planning Commission.
COMPREHENSIVE OR REGIONAL DEVELOPMENT PLAN. A plan or any portion thereof adopted by the Kelleys Island Planning Commission, the Erie Regional Planning Commission and the Board of County Commissioners 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 village and the county.
COUNTY. Erie County, Ohio.
COVENANT. A written promise or pledge.
CROSSWALK. A public right-of-way which cuts across a block in order to provide pedestrian access to adjacent streets or properties.
CULVERT. A transverse drain that channels under a street or driveway.
DIRECTOR. The Director of the Erie Regional Planning Commission.
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.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
ENGINEER. Any person registered to practice professional engineering by the State Board of Registration as specified in R.C. § 4733.14.
FLOODPLAIN. Any land area susceptible to be inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the “Flood Boundary and Floodway Map” prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the Planning Department.
FLOODWAY. The channel of the watercourse and those portions of the adjoining flood plains which are required to convey the regional flood.
FLOODWAY FRINGE. The area within the regulatory flood plain that is outside the floodway and acts as a backwater storage area.
IMPROVEMENTS. 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.
LETTER OF CREDIT. An engagement by a bank or other person made at the request of the Council of the Village of Kelleys Island, Ohio, and of a kind within the scope of R.C. § 1305.02, that the issuer will honor drafts or other demands for payment upon compliance with the conditions specified in the letter of credit. The engagement may be either an agreement to honor or a statement that the bank or other person is authorized to honor.
LOT. A parcel of land of sufficient size to meet minimum zoning requirements and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, unless as approved by the Planning Commission and in a platted subdivision:
(1) A single lot of record;
(2) A portion of a lot of record; or
(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. The word LOT includes the words PLOT or PARCEL.
LOT AREA. The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
LOT DEPTH. The mean horizontal distance between the front and rear lines of a lot.
LOT FRONTAGE. The width of the lot at the street right-of-way line.
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.
LOT TYPES. Terminology used in this chapter with reference to corner lots, interior lots and through lots is as follows:
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street 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) INTERIOR LOT. A lot with frontage on only one street.
(3) REVERSED FRONTAGE LOT. 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.
(4) THROUGH LOT. 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.
MAJOR THOROUGHFARE PLAN. The official Erie County Major Thoroughfare Plan adopted by the Erie Regional Planning Commission, the Village Planning Commission and the Board of County Commissioners and any amendments properly adopted thereto indicating the general location and pattern recommended for thoroughfares within the county.
MAY. Is a permissive requirement.
MINOR SUBDIVISION. A division of a parcel of land that does not require a plat to be approved by a planning authority according to R.C. § 711.131.
MONUMENTS. Permanent concrete or iron markers used to establish definitely all lines of a plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.
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, any other recreational facilities that the planning commission deems permissive. Streets, structures for habitation, and the like shall not be included.
ORIGINAL PARCEL. The original parcel is defined as that contiguous land under the same ownership as recorded in the County Recorder's Office at the passage of this chapter on March 1, 1964.
PARCEL. Any piece of land described by a current deed.
PERFORMANCE BOND OR SURETY BOND. An agreement by a subdivider or developer with the county 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.
PERSON. Includes a firm, association, organization, partnership, trust, company, or corporation, as well as the individual.
PLANNED UNIT DEVELOPMENT. An area of land in which a variety of housing types or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards such as lot sizes and setbacks other than 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.
PLAT. A map or drawing showing the plan of subdivision of a tract or parcel of land.
(1) PRELIMINARY PLAN. The map or set of maps which presents the proposed subdivision design, along with all of the information required in this chapter which enables the Commission to accurately review the proposal. Approval of the preliminary plan entitles the subdivider to prepare a final plat for construction and recording of the subdivision.
(2) FINAL PLAT. The map or set of maps which presents all data required by this chapter and bears substantial conformance to the Preliminary Plan. When approved, said plat is signed by the Commission and other appropriate officials or agencies and is recorded by the County Recorder as a permanent record as defined in the Erie County Flood Damage Prevention and Flood Plain Building Regulations.
PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, land, walk, or other ways in which the general public or a public entity has a right or which are dedicated thus, whether improved or not.
REGIONAL FLOOD. A flood having an average frequency of occurrence on the order of once in 100 years, although the flood may occur in any year.
REGULATORY FLOOD PLAIN. A body of water and adjoining areas which have been or hereafter may be covered by the regional flood.
RIGHT OF WAY. A strip of land taken or dedicated for use as a public or private way. In addition, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may also include special features required, such as landscaped area, viaducts and bridges.
ROADWAY. That portion of a highway right-of-way, including shoulders, for vehicular use.
SETBACK LINE. A line established by this chapter or the zoning resolution, generally parallel to and measured from the lot line, defining the area in which no building, other accessory building, or structure may be located above ground, except as may be provided in said codes.
SEWERS, CENTRAL OR GROUP. A sewage disposal system approved by the Erie County Board of Health or Sanitary Engineer which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.
SEWERS, ONSITE. A septic tank or similar installation on an individual lot to serve an individual dwelling which utilizes physical and bacteriologic processes for the treatment of sewage and provides for the proper and safe disposal or discharge of the effluent, subject to the approval of the Erie County Board of Health or other health and sanitation officials having jurisdiction.
SHALL. Is a mandatory requirement.
SHOULD. Is a preferred requirement.
SUBDIVIDER. Any individual, developer, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another.
SUBDIVISION.
(1) The division of any parcel of land shown as a unit or as contiguous units on the 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 land into parcels of more than five acres each not involving any new street or easements of access, and the sale or exchange does not create additional building sites, shall be exempt; or
(2) The improvement of one or more parcels of land for residential, commercial, or industrial 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.
SURVEYOR. Any person registered to practice surveying by the State Board of Registration, as specified in R.C. § 4733.14.
THOROUGHFARE, ROUTE, 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 designed as follows:
(1) LOCAL COLLECTOR STREET. A street or road providing for traffic movement between arterial streets or routes and residential streets. Local collectors provide for the internal traffic movement within residential subdivisions.
(2) MAJOR THOROUGHFARE. A highway for through traffic usually on a continuous route. Provides for through traffic movement primarily between areas in the village. Secondary routes connect all important industrial, business, and residential areas in the county.
(3) RESIDENTIAL STREET. A street or road primarily providing access to abutting property.
(4) SECONDARY THOROUGHFARE. A street or road providing for traffic movement between collector streets and routes.
(5) SPECIAL STREETS.
(a) ALLEY. A minor street used primarily for vehicular service access to the back or side or properties abutting on another street.
(b) CUL-DE-SAC. A street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(c) DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(d) 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 1000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
(e) MARGINAL ACCESS STREET. A street parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
(f) REVERSED FRONTAGE LOT. 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.
(g) RURAL RESIDENTIAL LANE. A type of a local street that is at a minimum, 16 feet wide and finished with a gravel or other hard surface.
USED or OCCUPIED. Includes the words INTENDED, DESIGNED, OR ARRANGED TO BE USED OR OCCUPIED.
VARIANCE. A modification of the strict terms of the relevant regulation 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.
VICINITY MAP. 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 the village in order to better locate and orient the area in question.
YARD. 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.
(1) YARD, FRONT. 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.
(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.
(Ord. 537, passed 7-19-90; Am. Ord. 1997-O-16, passed 5-26-97; Am. Ord. 1997-O-28, passed 8-14-97)