For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. See THOROUGHFARE.
BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream, or between any of the foregoing and any other barrier to the continuity of development.
BLOCK FRONTAGE. Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway or other definite barrier.
BUILDING. A structure designed to be used as a place of occupancy, storage or shelter.
BUILDING SITE. A parcel under separate deed or description containing less than five acres, having road frontage, and, in the opinion of the City Planning Commission, having attributes whereby a residence or business could be feasibly constructed.
CAPITAL IMPROVEMENT PROGRAM. A plan for expenditures of funds for making improvements to local infrastructure. The plan includes a project list, cost estimates, construction schedule and financing methods.
CITY. Where used, shall mean the City of Nelsonville adopting these regulations and its legal entities.
COMPREHENSIVE PLAN OR COMPREHENSIVE DEVELOPMENT PLAN. A plan, or any portion thereof, adopted by the City Planning Commission and the City Council, 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.
CONDOMINIUM. The land, together with all buildings, improvements and structures thereon; all easements, rights and appurtenances belonging thereto; and all articles of personal property which have been submitted to the provisions of R.C. Chapter 5311 and which is subject to said R.C. Chapter 5311.
CORNER LOT. See LOT TYPES.
COVENANT. A written promise or pledge.
CUL-DE-SAC. See THOROUGHFARE.
CULVERT. A transverse drain that channels under a bridge, street or driveway.
DEAD-END STREET. See THOROUGHFARE.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(1) GROSS DENSITY. The number of dwelling units per acre of the total land to be developed.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(3) DENSITY, LOW RESIDENTIAL. Land to be utilized for residential purposes, including public housing, and industrialized units, which does not exceed two dwelling units per gross acre.
(4) DENSITY, MEDIUM-LOW RESIDENTIAL. Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed four dwelling units per gross acre. For the purpose of street design requirements, the MEDIUM-LOW DENSITY RESIDENTIAL classification shall be considered as medium density.
(5) DENSITY, MEDIUM RESIDENTIAL. Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed eight dwelling units per gross acre.
(6) DENSITY, MEDIUM-HIGH RESIDENTIAL. Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed 16 dwelling units per gross acre. For the purposes of street design requirements, the medium-high density residential classification shall be considered as high density.
(7) DENSITY, HIGH RESIDENTIAL. Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed 32 dwelling units per gross acre.
DEVELOP. To make a development; also to do any grading or filling of land, whether undeveloped or already subdivided, so as to change the drainage or the flow of water, or to do any work upon the land that is capable of serving as a subdivision or development of building sites in the future.
DEVELOPER. Any individual, sub-divider, 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 herself or for another.
DRIPLINE. An imaginary curved line on the ground that is vertically below the outermost limit of leaves or needles on trees and shrubs.
DRIVEWAY. A vehicular travelway used to provide access from a street to dwelling units or commercial or industrial activities. DRIVEWAYS are designed for low travel speeds and are often used as, or are integral with, parking areas for vehicles.
DWELLING UNIT. Space within a building comprising living, dining, sleeping and storage rooms as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation or other persons for specified purposes.
ENGINEER. Any person registered to practice professional engineering by the State Board of Registration, as specified in R.C. § 4733.14.
ENVIRONMENTAL PROTECTION AGENCY. The Ohio Environmental Protection Agency (O.E.P.A.).
ENVIRONMENTALLY SENSITIVE AREA. An area within a subdivision’s borders that possesses unique environmental characteristics that may be destroyed if disturbed by construction activity. Examples are wetland areas or locations containing rare or endangered flora or fauna.
EROSION. The wearing away of the earth’s soil surface by water, wind, gravity or any other natural process.
FEMA. The Federal Emergency Management Agency.
FINAL PLAT. A revised version of the preliminary plan showing exact locations of lot lines, rights-of-way, easements and dedicated areas. The FINAL PLAT is recorded in the office of the County Recorder.
FLOOD. An overflowing of water from watercourses onto land which is normally dry.
FLOOD, 1% CHANCE/100-YEAR. The temporary inundation of normally dry land areas by a flood that is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
FLOODPLAIN. Any land area susceptible to be inundated by water from the base flood. The term refers to that area designated as subject to flooding from the base flood (1% chance/100-year flood) on the “flood insurance rate map” (FIRM) prepared by F.E.M.A.
GRADE. The amount of rise or descent of a sloping land surface, usually measured as a percent where the numbered percent represents the amount of vertical rise or fall, in feet, for every 100 feet horizontally. For example, a one-foot vertical rise over 100 horizontal feet represents a 1% slope.
HEALTH DEPARTMENT. The City-County Health District of Athens or Hocking County, whichever has jurisdiction.
HIGHWAY DIRECTOR. The Director of the Department of Transportation.
HISTORICAL SITE. Structures and/or premises having historical or cultural significance, including, but not limited to, structures and districts recognized in 1996 by the National Registry of Historic Places District #96000672.
IMPROVEMENTS. Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control for drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
LAND CONTRACT. A legal agreement between a landowner and another person or persons interested in purchasing real property owned by the landowner, wherein the landowner agrees to receive regular payments, at specified intervals for a specified period of time, from the purchaser and at the end of the specified time period agrees to transfer ownership of the property to the purchaser.
LETTER OF CREDIT. A written statement from a bank or loan company, written against the good standing of a sub-divider, guaranteeing necessary funds, the amount to equal a professional engineer’s cost estimate for subdivision improvements, to complete such improvements should the sub-divider fail to complete them within the timeframe and conditions as specified in the subdivision approval agreements. (See also PERFORMANCE BOND or SURETY BOND.)
LIGHT POLLUTION. Exterior light that goes beyond the area or object that is intended to be illuminated.
LOCATION MAP. See VICINITY MAP.
LOT.
(1) For purposes of these regulations, a LOT is a parcel of land that is:
(a) A single lot of record;
(b) A portion of a lot of record; and
(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.
(2) Includes the words PLOT or PARCEL.
LOT AREA. The area of a lot computed exclusive of any portion of the right(s)-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 front of a lot shall be constructed 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 the definition for YARDS in this section.
LOT MEASUREMENTS. A lot shall be measured 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 lines in the rear; and
(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 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 80% of the required lot width.
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 these regulations 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 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 135 degrees.
(2) FLAG LOT. A lot whose only frontage on a public street is through a narrow strip of land which is generally wide enough to accommodate a driveway, but too narrow to accommodate any structures. The narrow strip of land is referred to as the PANHANDLE.
(3) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
(4) 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.
(5) 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.
LOT WIDTH. The horizontal distance between side lot lines measured along the required building setback line. When the street line is curved, the measurement shall be made on the arc, on or parallel to the curve of the street line.
MAINTENANCE BOND. An agreement by a sub-divider or sub-divider with the city guaranteeing the maintenance of physical improvements for a period of two years from the release of the performance bond.
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, known also as a LOT SPLIT or PARCEL SPLIT.
MONUMENTS. Iron bases or iron pipes which will be set at all lot or parcel corners within the subdivision.
OFFICIAL MAP. The map established by the City Planning Commission showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the City Council and the City Planning Commission or additions thereto resulting from the approval of subdivision plats by the City Manager and the subsequent filing of such approved plans.
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 and any other recreational facilities that the City Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included.
OUT LOT. 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.
OWNER. Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PAD. A building site prepared by artificial means, including, but not limited to, grading, excavation or filling, or any combination thereof.
PARCEL. Any piece of land described by a current deed.
PARKING SPACE, OFF-STREET. For the purpose of these regulations, an OFF-STREET PARKING SPACE shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
PERFORMANCE BOND or SURETY BOND. An agreement by a sub-divider with the city for the amount of the estimated construction cost (as approved by City Council and the City Manager) guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the sub-divider’s agreement. (See also LETTER OF CREDIT.)
PERFORMANCE GUARANTEE. Any security that may be accepted by a municipality as a guarantee that the improvements required as part of an application for development that are satisfactorily completed.
PERSON. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, trust, company, corporation or other entity acting as a unit.
PLANNED UNIT DEVELOPMENT.
(1) An area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot size and setbacks, than those restrictions that would normally apply under these regulations.
(2) 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. The map, drawing or chart on which the sub-divider’s subdivision is presented to the City Planning Commission for approval, and the County Recorder for recording.
PRELIMINARY PLAN. The initial proposal, including both narrative and site design information, intended to provide the City Planning Commission with an understanding of the manner in which the site in question is to be developed.
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 entity have a right, or which are dedicated, whether improved or not. (See also RIGHT-OF-WAY.)
REPLAT. A subdivision or plat, the site of which has heretofore been platted or subdivided with lots or parcels of land. It may include all or any part of a previous subdivision or plat.
RESERVE STRIP. An area of land adjacent to a public right-of-way retained in ownership by the sub-divider or sub-divider for the purpose of denying access to the adjacent land.
RESIDUAL PARCEL. The property remaining in the original deed description after a more recently surveyed parcel has been separated from the original deed description.
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 of treatment) such as grade separation, landscaped areas, viaducts and bridges. (See also PUBLIC WAY.)
SETBACK LINE. A line established by the subdivision regulations generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure, other than an accessory building, may be located above ground.
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.
SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process, or an 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.
SHALL is a mandatory requirement, the word MAY is a permissive requirement and the word SHOULD is a preferred requirement.
SIDEWALK. The portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. (See also WALKWAY.)
SKETCH PLAN. An informal drawing which shows how a sub-divider proposes to subdivide a property and which gives sufficient site information for the City Planning Commission representatives to offer suggestions for site development.
SLIPPAGE POTENTIAL. The potential which land has to move, under the force of gravity, should it be disturbed during construction activity.
STOPPING SIGHT DISTANCE. The distance down a roadway for which a motorist is able to have unobstructed sight. STOPPING SIGHT DISTANCE is reduced by vertical and horizontal road curvature, fixed objects on the side of the road and overhanging vegetation.
SUB-DIVIDER. Any individual, sub-divider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to affect a subdivision of land hereunder for himself or herself or for another.
SUBDIVISION.
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding general tax list and duplicate of real and public utility property, 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 following are exempt:
(a) A division or partition of land into parcels of more than five acres not involving any new streets or easements of access;
(b) The sale or exchange of parcels between adjoining lot owners, where such sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites; and
(c) As the planning authority has adopted a rule in accordance with R.C. § 711.133 that exempts from division (B)(1) of that section, any parcel of land that is more than four acres and less than 20 acres.
(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. (See also MINOR SUBDIVISION.)
SURVEYOR. Any person registered to practice surveying by the State Board of Registration, as specified in R.C. § 4733.02.
TRACT. The term is used interchangeably with the term LOT, particularly in the context of subdivisions, where one “tract” is subdivided into several “lots”.
TECHNICAL REVIEW COMMITTEE. A committee of representatives of the City Manager’s office, the applicable County Health Department, the City Planning Commission and the City Council who shall meet with sub-dividers or property owners proposing a major subdivision, a commercial or industrial subdivision or a minor subdivision on which a technical review member requires additional information. The TECHNICAL REVIEW COMMITTEE shall offer advice and assistance to the City Planning Commission.
TERRAIN CLASSIFICATION. Terrain within the entire area of the preliminary plat is classified as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:
(1) HILLSIDE. Land which has a cross slope range of more than 15%;
(2) HILLY. Land which has a cross slope range of more than 8% but not more than 15%;
(3) LEVEL. Land which has a cross slope range of 4% or less; and
(4) ROLLING. Land which has a cross slope range of more than 4% but not more than 8%;
THOROUGHFARE, STREET or ROAD. The full width between property lines bounding every dedicated travelway, with a part thereof to be used for vehicular traffic and designated as follows:
(1) ALLEY. A minor street used primarily for vehicular service access to the back or side of properties abutting on another street. Design speed is ten mph;
(2) ARTERIAL STREET. A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route. Design speed is generally 55 mph. ARTERIAL STREETS may be differentiated as major arterials or minor arterials;
(3) 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. Design speed is generally 35 mph; and
(4) CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround. Design speed is generally 25 mph.
(5) DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(6) LOCAL STREET. A street primarily for providing access to residential, commercial or other abutting property. Design speed is generally 25 mph.
(7) LOOP STREET. A type of local street each end of which terminated 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 3,000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
(8) 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.)
THROUGH LOT. See LOT TYPES.
USED or OCCUPIED. Include the words INTENDED, DESIGNED or ARRANGED TO BE USED OR OCCUPIED.
VARIANCE. 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.
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 city in order to better locate and orient the area in question.
WATERSHED. The drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
WETLAND. An area of land, as defined by the federal definition at the time of preliminary plan submission, inundated by water for a portion of each year resulting in the land possessing unique soil and vegetative types.
YARD. A required open space other than a court unoccupied and unobstructed by any 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 obstructions 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.
ZONING OFFICER. Shall mean the Zoning Officer of the City of Nelsonville.
(Prior Code, § 23.12)