(1) ALLEY: See Thoroughfare
(2) BUILDING LINE: See Setback Line
(3) COMPREHENSIVE DEVELOPMENT PLAN: A plan, or any portion thereof, adopted by the Planning Commission and/or Village 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. As defined herein, the Comprehensive Plan shall include any land use, thoroughfare, open space, parks, or community facilities planning documents adopted by the Planning Commission and/or Village Council.
(4) CORNER LOT: See Lot Types
(5) COVENANT: A written promise or pledge.
(6) CUL-DE-SAC: See Thoroughfare
(7) CULVERT: A transverse drain that channels water under a bridge, street or driveway.
(8) DEAD-END STREET: See Thoroughfare
(9) DENSITY: A unit of measurement; the number of dwelling units per acre of land.
A. Gross Density - The number of dwelling units per acre of the total land to be developed.
B. Net Density - The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(10) DEVELOPER: Any individual, subdivider, 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.
(11) DRAWING: The map drawing, or chart on which the developer plan of subdivision is presented to the Planning Commission for preliminary approval, after such approval, or in concurrence with this submittal, the final plat will be prepared for submission.
(12) 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 family and its household employees.
(13) EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(14) ENGINEER: Any person registered to practice professional engineering by the State Board of Registration as specified in Section 4733 Ohio Revised Code.
(15) HIGHWAY: “Street” or “highway” are synonymous and mean the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular traffic.
(16) HIGHWAY OR TRANSPORTATION DIRECTOR: The Director of the Ohio Department of Transportation.
(17) 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.
(18) LOCATION MAP: See Vicinity Map.
(19) 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.
(20) 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 Yards in this section.
(21) 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.
(22) 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 straight line 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 70 percent of the required lot width.
(23) LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the Muskingum County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(24) 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 an interior angle of less than one hundred thirty-five degrees (1350).
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.
(25) 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. (Ord. 2019-4. Passed 10-14-19.)
(26) MOBILE RETAIL FOOD ESTABLISHMENT COURT: Retail food establishments, grouped together, that are readily moveable, are motorized wheeled vehicles, or towed wheeled vehicles, designed and equipped to serve food. Shall include both "hot trucks" upon which food is cooked and prepared for vending, and "cold trucks" from which only commissary - prepared, ready - to eat or packaged foods in individual servings are handled. Also referred to as a food truck and/ or trailer court. (Ord. K-11-17-1. Passed 11-13-17.)
(27) MONUMENTS: Permanent concrete markers shall be used to establish definitely all boundary, line corners and points of change in street alignment. The monuments shall be of two types.
A. Type A - A cylindrical concrete marker six inches in diameter and 36 inches in length with a quarter (¼) inch iron rod cast at the central axis of the cylinder. Said marker shall be placed in a vertical position with its top being level with the surface of the surrounding ground. To be used at all points not in the pavement area.
B. Type B - A machine type iron bolt (without nut) of one inch diameter by 12 inches in length shall be placed in a vertical position with the head of the bolt upward and level with the surface of the pavement inside an approved monument box. (A point shall be marked on the head of the bolt to indicate the exact point referred to on the Final Plat.) This type of monument shall be installed in the pavement areas.
(28) OPEN SPACE: Any open piece of land that is undeveloped (has no buildings or other built structures) and is accessible to the public including but not limited to Green space (land that is partly or completely covered with grass, trees, shrubs, or other vegetation), parks, community gardens, playgrounds, public plazas or other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included. Open space shall be considered active or passive as defined below:
A. Active - Active open space properties are developed primarily for community access and recreation and include areas that are hardscaped, landscaped, and formalized.
B. Passive - Passive open space are areas left in their natural state such as forests, wetlands, streams, and habitat areas.
(29) 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.
(30) PAD: A building site prepared by artificial means, including, but not limited to, grading, excavation or filling or any combination thereof.
(31) 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.
(32) PARKING SPACE, ON-STREET: On-street parking means parking your vehicle on the street, anywhere on or along the curb of streets.
(33) PERFORMANCE BOND OR SURETY BOND: 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 sizes and setbacks, than those restrictions that would normally apply under these regulations, in exchange for desired benefits as requested by the Village. 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.
(34) PLANNED UNIT DEVELOPMENT: 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 sizes and setbacks, than those restrictions that would normally apply under these regulations in exchange for desired benefits as requested by the Village. 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.
(35) PLAT: The map, drawing or chart on which the developer's plan of subdivision is presented to the Planning Commission for approval and, after such approval, to the Muskingum County Recorder for recording.
(36) 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 public entity have a right, or which are dedicated, whether improved or not.
(37) 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, such a grade separation, landscaped areas, viaducts and bridges.
(38) 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 an accessory building, or structure may be located above ground, except as may be provided in said codes. (See Yards)
(39) 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.
(40) 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 health and sanitation officials having jurisdiction.
(41) SIDEWALK: That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. (See Walkway)
(42) SUBDIVIDER: See Developer
(43) SUBDIVISION:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll prior to the adoption of these regulations, 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
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)
(44) SURVEYOR: Any person registered to practice professional surveying by the State Board of Registration as specified in Section 4733 Ohio Revised Code.
(45) 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:
A. "Level" is that land which has a cross slope range of four (4) percent or less;
B. "Rolling" is that land which has a cross slope range of more than four percent, but not more than eight percent;
C. "Hilly" is that land which has a cross slope range of more than eight percent, but not more than 15 percent;
D. "Hillside" is that land which has a cross slope range of more than fifteen percent.
(46) 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 designated 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. Boulevard: A very wide street that has trees and vegetation on both sides of it with no median in the middle.
D. 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.
E. 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.
F. Dead-end Street: A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
G. Local Street: A street primarily for providing access to residential, commercial or other abutting property.
H. 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 180 degree system of turns are not more than 1,000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
I. 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)
(47) THROUGH LOT: See Lot Types
(48) VARIANCE: A variance is 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.
(49) 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 Muskingum County in order to better locate and orient the area in question.
(50) VILLAGE ENGINEER: The Village Administrator or a person duly appointed by the Village of New Concord to represent the interests of the Village from an engineering perspective.
(51) VILLAGE PLANNER: The Village Administrator or a person duly appointed by the Village of New Concord to represent the interests of the Village from a professional land use planning perspective.
(52) WALKWAY: A dedicated public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
(53) WATERSHED: The drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(54) YARD: A required open space other than a court unoccupied and obstructed by any structure or portion of a 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 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 line 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. 2019-4. Passed 10-14-19.)