Subdivision Regulations. The Subdivision Regulations, as provided in Title Three of the Planning and Zoning Code of the Codified Ordinances, regulate the division of land, its planning and development into what is known as a subdivision.
Section 1115.02 Minor Subdivision
Section 1115.03 Major Subdivision
Division of Land That is a Subdivision.
(a) When a parcel of land shown as a unit or contiguous units on the last preceding tax role is divided into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose, now or in the future, for transfer of ownership.
(b) Improvement of one or more parcels for residential and commercial or industrial structures involving the allocation of land for opening, widening or extending streets, except private streets for industrial structures.
(c) Division or allocation of land as open spaces, for the common use of owners, occupants or tenants or as easements for public sewer, water, storm drainage or other public facilities.
Division of Land Not a Subdivision.
(a) Some divisions of land are not subdivisions.
(b) If a division of land is not a subdivision, then these Regulations do not apply and no plat is required.
(c) The following divisions are not subdivisions:
(1) Division of a parcel into two or more parcels, all of which are five acres or more, not involving new streets (public or private) or easements of access.
(2) Sale or exchange of parcels between adjoining land owners, if no additional building sites are created.
(3) Transfer of an existing piece of land as a whole that has been previously recorded by metes and bounds description.
(4) Normally the transfer of a lot that is recorded as a lot in a major subdivision. The transfer of a part of such lot will not be a subdivision unless it is less than five acres and involves new streets (public or private) or easements of access, or unless it creates additional building sites and is not a sale or exchange between adjoining land owners.
(e) If the minor subdivision criteria are met, no plat is required and the conveyance (deed) shall be stamped "Approved - No Plat Required". A drawing may be required. These Regulations provide a simplified procedure.
(f) If the criteria for a minor subdivision are not met, then the major subdivision requirements of these Regulations must be followed, unless a hardship exists to qualify for a variance.
What is a Minor Subdivision?
(a) It is a division of land that:
(1) Must be a division of a parcel along an existing public street; and
(2) Must not involve the opening, widening or extension of any street or road; and
(3) Must involve no more than five lots after the original tract has been completely subdivided; and
(4) Must not be contrary to applicable platting, subdividing or zoning regulations.
Ohio R.C. 711.131 sets forth other requirements to be met by a minor subdivision.
(b) Keep these definitions in mind:
(1) The full definition of a minor subdivision (above).
(2) Original tract (based on Ohio Attorney General Opinion 71-083), which means a contiguous quantity of land held by one person, or in commonownership, which has not been platted by the existing owner. This means:
A. A tract can be original to one person and not to another.
B. "Original" does not mean initial source.
C. Subdividing is permitted through successive ownership.
(3) Completely subdivided means:
A. When a tract is divided into as many lots as the subdivider intends for the tract.
B. A specific subdivider may later decide to increase the number of lots in a subdivision, but to do so, and assuming there are more than five lots as a result, it would be necessary to replat the original tract.
C. It is possible for a tract to be "completely subdivided" and then be further subdivided by a party who purchases or takes title to a parcel in a subdivision large enough to be divided.
(4) The Ohio Attorney General has concluded:
A. "Tract" means a contiguous quantity of land undivided by lot lines.
B. "Original contemplates a tract which has not been divided under its present ownership.
C. "Original tract" means a continuous quantity of land held by one person or in common, which has not been platted by the existingowner.
D. The phrase "involving no more than five lots after the original tract has been completely subdivided" applies only to the necessity for replatting to accomplish changes in an already subdivided tract.