As used in these Subdivision Regulations:
(1) “Alley”: See “Thoroughfare, Street, or Road.”
(2) “Building Line”: See “Setback Line”.
(3) “Comprehensive Development Plan:” A plan, or any portion thereof adopted by the Planning Commission and/or the legislative authority of the Village of Luckey, Ohio, 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) “Comer Lot”: See “Lot Types”.
(5) “Covenant”: A written promise or pledge.
(6) “Cul-de-sac”: See “Thoroughfare, Street, or Road.”
(7) “Culvert”: A transverse drain that channels under a bridge, street, or driveway.
(8) “Dead-end-Street”: See “Thoroughfare, Street, or Road.”
(9) “Developer”: See “Subdivider”.
(10) “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 (1) family and its household employees.
(11) “Easement”: Authorization by a property owner for the use by another and for a specified purpose, of any designated part of his property.
(12) “Engineer”: Any person registered to practice professional engineering by the State Board of Registration as specified in Section 4733.14 of the Ohio Revised Code.
(13) “Final Plat”: The map, drawing, or chart on which the subdivider's plan of subdivision, after approval by the Village Planning Commission, is presented to the County Recorder (final) for recording.
(14) “Highway Director”: The Director of the Ohio Department of Highways.
(15) “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.
(16) “Location Map”: See “Vicinity Map”.
(17) “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, 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.
(18) “Lot Frontage”: The front of a lot shall be construed to be the portion 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 Yard in this section.
(19) “Lot, Minimum Area Of”: The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
(20) “Lot Measurements” : A lot shall be measured as follows:
A. Depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B. 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 setback 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 eighty percent (80%) of the required lot width.
(21) “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.
(22) “Lot Types”: Terminology used in these regulations with reference to corner lots, interior lots, and through lots is as follows:
A. A corner lot is defined as 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 one hundred thirty-five (135) degrees.
B. An interior lot is a lot other than a corner lot with only one frontage on a street.
C. A through lot is 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.
D. A reversed frontage lot is 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.
(23) “Major Thoroughfare Plan”: The comprehensive plan adopted by the Village Planning Commission indicating the general location recommended for arterial, collector, and local thoroughfares within the corporate limits of the Village.
(24) “Minor Subdivision”: A division of a parcel of land that does not require a plat to be approved by a planning authority according to Section 711.131, Ohio Revised Code. Also known as Lot Split.
(25) “Monuments”: Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary lines, corners, and points of change in street alignment.
(26) “Performance Bond or Surety Bond”: An agreement by a subdivider or developer with the Village 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.
(27) “Plat”: See Preliminary Drawing; Final Plat.
(28) “Preliminary Drawing”: The map, drawing, or chart on which the subdivider's plan of subdivision (preliminary) is presented to the Village Planning Commission for approval.
(29) “Public Way”: 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 ways in which the general public or a public entity has a right, or which are dedicated, whether improved or not.
(30) “Right-of-way”: 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, land scaped areas, viaducts, and bridges.
(31) “Setback Line”: A line established by the Subdivision Regulations and/or Zoning Ordinance generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory buildings, or structures may be located above ground, except as may be provided in said codes (see Yard).
(32) “Sewers, Central or Group”: 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.
(33) “Sewers, On-Site”: 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 the health and sanitation officials having jurisdiction.
(34) “Sidewalk”: The portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. See "Walkway".
(35) “Subdivider”: Any individual, developer, 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.
(36) “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 (2) or more parcels, sites, or lots any one of which is less than five (5) 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 (5) 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
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. (See Minor Subdivision)
(37) “Surveyor”: Any person registered to practice surveying.
(38) “Thoroughfare”, “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 desigflated as follows:
A. Alley: A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. Arterial Street: A general term denoting a highway primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route.
C. Collector Street: A thoroughfare, whether within 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 within residential subdivisions.
D. Cul-de-Sac: A local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnabout.
E. Dead-end Street: A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.
F. Local Street: A street primarily for providing access to residential, commercial, or other abutting property.
G. 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 one hundred and eighty (180) degree system of turns are not more than one thousand (1000) feet from said arterial or collector street, not normally more than six hundred ( 600) feet from each other.
H. Marginal Access Street: 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).
(39) “Through Lot:: See Lot Types.
(40) “Variance”: A variance is a modification of the strict terms of the relevant regulations where such regulations will 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.
(41) “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 in order to better locate and orient the area in question.
(42) “Walkway”: A dedicated public way, four (4) feet or more in width, for pedestrian use only, whether along the side of a road or not.
(43) “Watershed”: The drainage basin in which the subdivision drains or that land which drainage is affected by the subdivision.
(44) “Yard”: A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three (3) 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: 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: A yard extending between side lot lines across the rear of a lot and from the rear lot lines to the rear of the principal building.
C. 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. 574. Passed 5-21-97.)