(a) Interpretation. As used in these Subdivision Regulations:
(1) "Person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
(2) "Shall" is a mandatory requirement, "may" is a permissive requirement and "should" is a preferred requirement.
(3) "Used" or "occupied" includes the words "intended, designed or arranged to be used or occupied."
(4) "Lot" includes the words "plot" or "parcel."
(b) Definitions. In addition, as used in these Subdivision Regulations:
(1) Alley. See Thoroughfare.
(2) Building line. See Set-back line.
(3) Comprehensive Development Plan. "Comprehensive Development Plan" means a plan, or any portion thereof, adopted by the Village, 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 Village.
(4) Circle. See Thoroughfare.
(5) Corner lot. See Lot types.
(6) Court. See Thoroughfare.
(7) Covenant. "Covenant" means a written promise or pledge.
(8) Cul-de-sac. See Thoroughfare.
(9) Culvert. "Culvert" means a transverse drain that channels under a bridge, street or driveway.
(10) Dead-end street. See Thoroughfare.
(11) Density. "Density" is a unit of measurement and means the number of units per acre of land.
A. "Gross density" means the number of units per acre of the total land to be developed.
B. "Net density" means the number of units per acre of land when the acreage involved includes only the land devoted to residential uses.
(12) Density, low residential. "Low residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which density does not exceed two dwelling units per gross acre.
(13) Density, medium-low residential. "Medium-low residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which density does not exceed four dwelling units per gross acre. For purposes of street design requirements, the medium-low residential density classification shall be considered as medium density.
(14) Density, medium residential. "Medium residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which density does not exceed eight dwelling units per gross acre.
(15) Density, medium-high residential. "Medium-high residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which density does not exceed sixteen dwelling units per gross acre. For purposes of street design requirements, the medium- high residential density classification shall be considered as high density.
(16) Density, high residential. "High residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which density does not exceed thirty-two dwelling units per gross acre.
(17) Developer. "Developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or other legal entity commencing proceedings under these Subdivision Regulations to effect a subdivision of land hereunder for himself or herself or for another.
(18) Drive. See Thoroughfare.
(19) Dwelling unit. "Dwelling unit" means space within a building comprising living, dining and sleeping rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(20) Easement. "Easement" means authorization by a property owner for the use by another, for a specified purpose, of any designated part of his or her property.
(21) Engineer. "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
(22) Highway Director. "Highway Director" means the Director of the Ohio Department of Transportation.
(23) Improvements. "Improvements" means 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.
(24) Lane. See Thoroughfare.
(25) Location map. See Vicinity map.
(26) Lot. "Lot" means 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 required in these Subdivision Regulations. 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; or
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.
(27) Lot frontage. "Lot frontage" means the portion of the lot along the street. For the purpose of determining yard requirements on corner lots, all sides of a lot adjacent to a street shall be considered frontage, and yards shall be provided as indicated in paragraph (60) hereof.
(28) Lot, minimum area of. "Minimum area of a lot" means the area of a lot, exclusive of any portion of the right of way of any public or private street.
(29) Lot measurements. A lot shall be measured as follows:
A. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the 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 set-back line.
(30) Lot of record. "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 so recorded.
(31) Lot types. Lot types are specifically defined as follows:
A. "Corner lot" means a lot located at the intersection of two or more streets.
B. "Interior lot" means a lot, other than a corner lot, with only one frontage on a street.
C. "Through lot" means a lot, other than a corner lot, with frontage on more than one street.
D. "Reversed frontage lot" means 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.
(32) Major Thoroughfare Plan. "Major Thoroughfare Plan" means the Comprehensive Plan adopted by the Village indicating the general location recommended for arterial, collector and local thoroughfares in the incorporated area of the Village.
(33) Minor subdivision. "Minor subdivision" means a division of a parcel of land that does not require a plat to be approved by a planning authority according to Ohio R.C. Chapter 711. A minor subdivision may also be known as a lot split. (See paragraph (52) hereof)
(34) Monuments. "Monuments" means permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
(35) Open space. "Open space" means 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 Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included.
(36) Out lot. "Out lot" means 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
(37) Pad. "Pad" means a building site prepared by artificial means, including, but not limited to, grading, excavating or filling, or any combination thereof.
(38) Parking space, off-street. "Off-street parking space" means an area adequate for the parking of an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, located totally outside of any street or alley right of way.
(39) Performance bond or surety bond. "Performance bond" or "surety bond" means an agreement by a subdivider or developer with the Village for the amount of the estimated construction cost and guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(40) Planned unit development. "Planned unit development" means an area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these Subdivision Regulations. The procedures for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
(41) Plat. "Plat" means the map, drawing or chart on which the developer's plan of a subdivision is presented to the Planning Commission for approval and, after such approval, to the County Recorder (final) for recording.
(42) Public way. "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 in which the general public or a public entity has a right, or which are dedicated, whether improved or not.
(43) Reserve lot. "Reserve lot" means a parcel of land to be reserved for public use or to be reserved by covenant for residents of the subdivision.
(44) Right of way. "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, sidewalks and lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
(45) Road. See Thoroughfare.
(46) Set-back line. "Set-back line" means a line established by these Subdivision Regulations and/or the Zoning Code, 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 these Subdivision Regulations or in the Zoning Code. (See also paragraph (60) hereof)
(47) Sewers, central or group. "Central or group sewers" means an approved sewage disposal system which provides a collection network, disposal system and central sewage treatment facility for a single development, community or region.
(48) Sewers, on-site. "On-site sewers" means a septic tank or similar installation on an individual lot, which installation utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage, and which provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(49) Sidewalk. "Sidewalk" means that portion of the road right of way outside the roadway, which portion is improved for the use of pedestrian traffic. (See also paragraph (58) hereof)
(50) Street. See Thoroughfare.
(51) Subdivider. See Developer.
(52) Subdivision. "Subdivision" means:
A. 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 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, except a private street serving industrial structures; or the division or allocation of land as open space 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 facilities. (See also paragraph (33) hereof)
(53) Surveyor. "Surveyor" means any person registered to practice surveying.
(54) Thoroughfare, street or road. "Thoroughfare, street or road" means 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" means a minor street used primarily for vehicular service access to the back or side of a property abutting on another street.
B. "Arterial street" is a general term denoting a highway that is primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route.
C. "Collector street" means a thoroughfare, whether in 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" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
E. "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
F. "Local street" means a street primarily for providing access to residential, commercial or other abutting property.
G. "Loop street" means 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 such arterial or collector street, nor normally more than 600 feet from each other.
H. "Marginal access street" means 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. A marginal access street is also called a frontage street.
(55) Through lot. See Lot types.
(56) Variance. "Variance" means a modification of the strict terms of these Subdivision 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 these Subdivision Regulations would result in unnecessary and undue hardship.
(57) Vicinity map. "Vicinity map" means a drawing located on a plat, which drawing 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 the Village in order to better locate and orient the area in question.
(58) Walkway. "Walkway" means a dedicated public way, four feet or more in width, for pedestrian use only, whether or not along the side of a road.
(59) Watershed. "Watershed" means the drainage basin into which the subdivision drains, or that land whose drainage is affected by the subdivision.
(60) Yard. "Yard" means a required open space, other than a court, unoccupied and unobstructed by any structure or portion thereof from three feet above the general ground level of the graded lot upward, provided that accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction or visibility.
A. "Front yard" means a yard extending between side lot lines across the front of a lot and from the front lot line to the road side of the principal building.
B. "Rear yard" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the principal building.
C. "Side yard" means a yard extending from the principal building to the side lot lines on both sides of the principal building between the lines establishing the front and rear yards.
(Ord. 143.221. Passed 11-5-79.)