As used in these Subdivision Regulations, “shall” indicates a mandatory requirement, “may” a permissive requirement and “should” a preferred requirement. In addition:
(a) Active recreation. “Active recreation” means leisure time activities characterized by repeated and concentrated use of land, often requiring equipment and taking place at prescribed places, sites or fields. Examples of active recreation facilities include golf courses, tennis courts, swimming pools, softball, baseball and soccer fields. For the purpose of these regulations, active recreation facilities do not include paths for bike riding, hiking, horseback riding and walking and picnic areas.
(b) Association. “Association” means a legal entity operating under recorded land agreements or contracts through which each unit owner in a conservation development is a member and each dwelling unit is subject to charges for a proportionate share of the expenses of the organization's activities such as maintaining common open space and other common areas and providing services needed for the development. An association can take the form of a homeowners' association, community association, condominium association or other similar entity.
(c) Building envelope. “Building envelope” means an area within a conservation development that is designated as a location within which a dwelling unit is to be placed in compliance with the building setback and spacing requirements established by the zoning regulations. A building envelope may or may not be located within a sublot and may or may not have frontage on a public street.
(d) Building Line. See subsection (yy) hereof.
(e) Buffer. “Buffer” means a designated area between uses or adjacent to the perimeter of natural features designed and intended to provide protection and which shall be permanently maintained.
(1) Land use buffer. “Land use buffer” means land area used to separate or visibly shield and/or screen one use from another.
(2) Riparian buffer. “Riparian buffer” means a naturally vegetated area located adjacent to streams and rivers that is intended to stabilize banks and limit erosion approved in accordance with Chapter 1294.
(3) Wetlands buffer. “Wetlands buffer” means an area of undisturbed natural vegetation located adjacent to the perimeter of the wetlands.
(f) Charter. “Charter” means the Charter of the city.
(g) City. “City” means the City of Kirtland.
(h) City Engineer. “City Engineer” means the Engineer of the city.
(i) Common area. “Common area” means any land area, and associated facilities, within a conservation development that is held in common ownership by the residents of the development through a Homeowners’ Association, Community Association or other legal entity, or which is held by the individual members of a Condominium Association as tenants-in-common.
(j) Common open space. “Common open space” means the portion of the common area within a conservation development that is of sufficient size and shape to meet the minimum zoning requirements.
(k) Comprehensive Plan. “Comprehensive Plan” means a plan adopted by the Planning and Zoning Commission and Council establishing the goals, objectives and policies of the community. Such Plan shall include the general location and extent of present and proposed facilities, including housing, industrial and commercial uses, major streets, parks, schools and other community facilities.
(l) Conservation development. “Conservation development” means a contiguous area of land to be planned and developed as a single entity, in which housing units are accommodated under more flexible standards, such as building arrangements and setbacks, than those that would normally apply under single-family district regulations, allowing for the flexible grouping of houses in order to conserve common open spaces and existing natural resources.
(m) Conservation easement. “Conservation easement” means an incorporeal right or interest in land that is held for the public purpose of retaining land, water or wetland areas predominantly in their natural, scenic, open or wooded condition, in agricultural, horticultural silvicultural or other farming or forest use or that imposes any limitations on the use or development of the areas that are appropriate at the time of creation of the conservation easement to achieve one or more of such purposes; and that includes appropriate provisions for the holder to enter the property subject to the easement at reasonable times to ensure compliance with its provisions.
(n) Corner Lot. See subsection (jj) hereof.
(o) Council. “Council” means the City Council.
(p) Covenant. “Covenant” means a written promise or pledge.
(q) Cul-de-sac. See subsection (hhh) (1) C. hereof.
(r) Culvert. “Culvert” means a transverse drain that channels under a bridge, street or driveway.
(s) Dead-end Street. See subsection (hhh)(1) D. hereof.
(t) Development area. “Development area” means an area of land identified as a conservation development and consisting of the entire parcel.
(u) Development plan. “Development plan” means a proposal including drawing(s) and map(s) for a conservation development, prepared in accordance with these regulations, illustrating the proposed design, layout and other features for the development and including all elements set forth in § 1244.14.
(v) Developer. See “Subdivider” in subsection (ddd) hereof.
(w) Director of Law. “Director of Law” means the Director of Law of the city.
(x) Dwelling Unit. “Dwelling unit” means one or more rooms which are arranged, designed or used as living quarters for one family and its household employees. Individual bathrooms and complete kitchen facilities, permanently installed, shall be included for each dwelling unit.
(y) Easement. “Easement” means an authorization by a property owner for the use of a designated part of his or her property by someone else for a specified purpose.
(z) Engineer. “Engineer” means a person registered to practice professional engineering by the State Board of Registration for Professional Engineers and Surveyors, as specified in Ohio R.C. 4733.14.
(aa) Federal Emergency Management Agency (FEMA). “Federal Emergency Management Agency (FEMA)” means the agency with the overall responsibility for administering the National Flood Insurance Program.
(bb) Green Road. “Green Road” means a street serving ten or fewer sublots, each containing an area suitable for construction of the permitted main and accessory use of at least five acres per sublot.
(cc) Highway Director. “Highway Director” means the Ohio Director of Transportation.
(dd) Improvements. “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.
(ee) Location Map. See subsection (lll) hereof.
(Ord. 78-O-31, passed 3-6-1978)
(ff) 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 herein required. A lot shall have frontage on an improved public street and may consist of a single lot of record, a portion of a lot of record or a combination of complete lots of record and portions of lots of record. “Lot” includes the words “sublot”, “plot”, “piece” and “parcel”.
(gg) Lot Frontage. “Lot frontage” means the front of a lot which shall be construed to be the portion nearest the street. For the purpose of determining yard requirements only 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 in subsection (ppp) hereof.
(Ord 94-O-28, passed 7-5-1994)
(hh) Lot, Minimum Area of. “Minimum area of a lot” means the lot area computed exclusive of the following:
(1) Any portion of the right-of-way of any public street or easement for a street;
(2) Of the total area of all other easements, the portion that exceeds 20 percent of the total area of the lot; and
(3) The areas of ponds, lakes, rivers, streams and federally designated flood plains, on lots that do not meet the requirements of § 1246.02(b).
(ii) 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.
(Ord. 78-O-31, passed 3-6-1978)
(jj) Lot Types.
(1) “Corner lot” means 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” means a lot other than a corner lot with only one frontage on a street.
(3) “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.”
(kk) Minor Subdivision. “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 § 1244.01. A minor subdivision is also known as a “lot split”.
(Ord. 94-O-28, passed 7-5-1994)
(ll) Monuments. “Monuments” means permanent concrete or iron markers used to definitely establish all lines of the plat of a subdivision, including boundary line corners and points of change in street alignment.
(mm) Natural feature. “Natural feature” means an existing component of the landscape maintained as a part of the natural environment and having ecological value in contributing beneficially to air quality, erosion control, groundwater recharge, noise abatement, visual amenities, the natural diversity of plant and animal species, human recreation, reduction of climatic stress and energy costs.
(nn) Non-access Reservation. “Non-access reservation” means a strip of land across which vehicular access is prohibited by a plat restriction.
(oo) 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, swimming pools, tennis courts and other recreational facilities that the Planning and Zoning Commission deems permissible. Streets, structures for habitation and the like are not permitted in such area.
(pp) Out Lot. “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.
(qq) Pad. “Pad” means a building site prepared by artificial means, including, but not limited to, grading, excavation, filling or any combination thereof.
(rr) Parking Space, Off-Street. “Off-street parking space” means an area not less than nine feet by 20 feet, with properly related access to a public street and maneuvering room, located totally outside of a street right-of-way.
(ss) Performance Bond or Surety Bond. “Performance bond” or “surety bond” means an agreement by a subdivider or developer with the city 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.
(tt) Person. “Person” means an individual, firm, association, organization, partnership, trust, company or corporation.
(uu) Planning and Zoning Commission. “Planning and Zoning Commission” means the Planning and Zoning Commission of the city.
(vv) Plat. “Plat” means the map, drawing or chart on which the developer’s plan of subdivision (the preliminary plat) is presented to the Planning and Zoning Commission for approval and, after such approval, to the County Recorder (the final plat) for recording.
(ww) Public Way. “Public way” means any alley, avenue, bikeway, 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 has a right or which are dedicated, whether improved or not.
(xx) 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, a right-of-way normally incorporates 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.
(yy) Set-back Line. “Set-back line” means a line, established by the Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as may be provided in the Zoning Code. (See subsection (ppp) hereof.)
(zz) Sewers, Central. “Central sewers” means an approved sewage disposal system which provides a collection network, disposal system and central sewage treatment facility for a single development, community or region.
(aaa) Sewers, On-site. “On-site sewers” means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process 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.
(bbb) Sidewalk. “Sidewalk” means that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. (See subsection (mmm) hereof.)
(ccc) Stream bank or river bank. “Stream bank or river bank” means the ordinary high water mark of the stream or river, otherwise known as the bankfull stage of the stream or river channel. Indicators used in determining the bankfull stage may include changes in vegetation, slope or bank materials, evidence of scouring and stain lines.
(ddd) Subdivider. “Subdivider” means an individual, developer, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these Subdivision Regulations to effect a subdivision of land hereunder for himself, herself or for another.
(eee) Subdivision. “Subdivision” means:
(1) The division of a 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 of transfer of ownership. However, 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 (may be considered a minor subdivision).
(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 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.
(fff) Surveyor. “Surveyor” means a person registered to practice surveying in the state.
(ggg) Thoroughfare Plan. “Thoroughfare Plan” means that portion of the Comprehensive Plan adopted by the Planning and Zoning Commission and Council indicating the general location recommended for arterial, collector and local thoroughfares within the corporate limits of the city.
(Ord. 78-O-31, passed 3-6-1978)
(hhh) Thoroughfare, Street or Road; Approved Private Drive.
(1) “Street or road thoroughfare” means the full width between property lines bounding a public way or the full width of the right-of-way dedicated to the city with a part thereof to be used for vehicular traffic. Street or road thoroughfares may be designated as follows.
A. “Arterial street” means a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
B. “Collector street” means a thoroughfare in a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes in residential subdivisions.
C. “Cul-de-sac” means a local street with one end open to traffic and the other end terminating in a vehicular turn-around.
D. “Dead-end street” means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
E. “Half street” means a street for which only a portion of the required right-of-way width has been dedicated.
F. “Local street” means a street primarily for providing access to residential, commercial or other abutting property.
G. “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.
(2) “Approved private drive” means the full width of an easement with a part thereof being paved as a private drive and not dedicated to the city for public use, providing access to residential or other abutting property in those subdivisions which were authorized to construct approved private drives in lieu of dedicated streets prior to the adoption of Ord. 10-O-35, passed on 7-12-2010.
(Ord. 94-O-28, passed 7-5-1994)
(iii) Through Lot. See subsection (jj)(3) hereof.
(jjj) Used or Occupied. “Used” or “occupied” includes the words “intended, designed or arranged to be used or occupied”.
(kkk) Variance. “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.
(lll) Vicinity Map. “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 the city, in order to better locate and orient the area in question.
(mmm) Walkway. “Walkway” means a dedicated public way, four feet or more in width, for pedestrian use only, whether or not along the side of a road.
(nnn) Watershed. “Watershed” means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(ooo) Wetland. “Wetland” means an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The three criteria that must exist on a site for an area to be designated a wetland are hydric soils, hydrophytic vegetation and wetland hydrology.
(ppp) Yard. “Yard” means a required open space unoccupied and unobstructed by a structure or a portion of a structure from three feet above the general ground level of the graded lot upward, provided that accessories, ornaments, fences, hedges and furniture may be permitted in a yard, subject to height limitations and requirements limiting obstruction of visibility. Yard types are as follows:
(1) “Front yard” 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;
(2) “Rear yard” 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; and
(3) “Side yard” 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.
(Ord. 78-O-31, passed 3-6-1978)
(Am. Ord. 04-O-43, passed 8-30-2004; Am. Ord. 05-O-63, passed 12-5-2005; Am. Ord. 13-O-59, passed 12-16-2013)