As used in this chapter, the following terms are defined as follows:
(a) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular number.
(b) "Person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(c) "Shall" is a mandatory requirement, the word "may" is a permissive requirement and the word "should" is a preferred requirement.
(d) "Used" or "occupied" include the words "intended, designed, or arranged to be used or occupied".
(e) "Lot" includes the words "plot" and "parcel".
(f) "Subdivision" means:
(1) 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 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 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.
(g) "Street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land place or however otherwise designated.
(h) "Arterial streets and highways" are those which are used primarily for fast or heavy through traffic.
(i) "Collector streets" mean those streets which carry traffic from minor streets to the major systems of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
(j) "Minor streets" mean those streets which are used primarily for access to the abutting properties.
(k) "Marginal access streets" mean minor streets which are parallel or adjacent to arterial streets and highways; and which provide access for abutting properties and protection from through traffic.
(l) "Alleys" mean minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
(m) "Cul-de-sac" means a street with one end open to traffic and being permanently terminated at the other end by a vehicle turn-around; usually of relatively short length.
(n) "Subdivider" means a person, firm, partnership, association or corporation undertaking the subdividing or resubdividing of a lot, tract or parcel of land.
(o) "Preliminary plat" means a map, drawing or plan of the layout and design of a proposed subdivision submitted by the subdivider to the Planning Commission for consideration and tentative approval.
(p) "Final plat" means a plan or drawing of the subdivision and accompanying required data or information submitted by the subdivider to the Planning Commission for final approval.
(q) "Commission" means the Planning Commission, of the City of Marietta, Ohio.
(r) "Reserve strips" mean parcels of land situated so as to control access to streets.
(s) "Block" means a piece or parcel of land entirely surrounded by public highways, streets, streams, railroads, parks, other physical features, exterior boundaries of the subdivision or combinations thereof.
(t) "Easement" means specific land granted by the owner for a specific purpose to the general public, corporation or person, within which the owner shall not erect any permanent structures but shall have the right to use the land subject to such easement. Easements usually are provided for sanitary sewer, storm sewer, ditches, water mains, electricity, natural gas, telephone, walks, drives, etc.
(u) "Lot" means a portion of a subdivision or other parcel of land intended for the purpose whether immediate or future, of transfer of ownership or for building development.
(v) "Engineer" means a registered engineer authorized to practice engineering in the State of Ohio.
(w) "Surveyor" means a registered land surveyor authorized to practice surveying in the State of Ohio.
(x) "Building setback" means the minimum distance between the property line and the outside wall of a structure or any enclosed projection thereof.
(y) “Dead end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(z) "Comprehensive development plan" means a plan, or any portion thereof, adopted by the Planning Commission and approved by the Legislative Authority of the City, showing the general location and extent of present or 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.
(aa) "Covenant" means a written promise or pledge.
(bb) "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 or land hereunder for himself or for another. See "subdivider".
(cc) "Plat" means the map, drawing or chart on which the developer's final plans or subdivision is presented to the Planning Commission and Council for approval, and after such approval, to the County Recorder for recording.
(dd) “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 over which the general public or public entity has a right, or which is dedicated whether improved or not.
(ee) "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, sidewalk, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
(ff) "Sidewalk" means that portion of the road right-of-way outside the roadway, which is improved for the use of the pedestrian traffic. See "walkway".
(gg) "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 Washington County in order to better locate and orient the area in question.
(hh) "Walkway" means a dedicated public way for pedestrian use only.
(ii) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(jj) "Lot frontage" means the portion of a lot nearest the street. For the purpose of determining setback requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.
(kk) “Lot measurement" for a lot shall be as follows:
(1) 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 line in the rear.
(2) 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 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.
(ll) “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 recorded.
(mm) "City thoroughfare plan" means the comprehensive plan adopted by the City Planning Commission and approved by the Legislative Authority indicating the general location recommended for the arterial, collector and local thoroughfares within the corporate limits of the City and/or unincorporated areas within one mile thereof.
(nn) "Minor subdivision" means a division of a parcel of land that does not require a plat to be approved by the planning authority according to Ohio R. C. 711.131.
(oo) "Monument" means a permanent concrete or iron pin marker 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.
(pp) "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. In lieu of the completion for all or part of the improvements as specified, prior to the approval of the final plat, the developer shall provide a bond, executed by a surety or sureties, or a letter of credit, or an escrow agreement for all or part as agreed upon, satisfactory to the Planning Commission, or a certified check guaranteeing the completion of the improvements within two years or agreed upon by the Planning Commission. This bond or check shall be in an amount equal to the estimated cost of completing the improvements.
(qq) "Planned unit development" means an area of land, where a variety of multi-family housing, commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards 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.
(rr) "One mile area" means the area within a one mile radius of the corporate limits, the actual area included in the one mile area shall be as follows. A one mile radius shall be constructed using various points around the perimeter of the City and then averaged or squared off to meet such conditions as ownership, topography, etc., as agreed on between the City Planning Commission and the County Planning Commission. A map shall be made to reflect these agreements and signed by both parties and dated. Updating of such map shall be done periodically to conform to each new annexation.
(Ord. 81 (82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)