1112.01 DEFINITIONS.
(a) For the purpose of these Subdivision Regulations, certain terms or words used herein shall be interpreted as follows: "Person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future tense; the singular number includes the plural; and the plural number includes the singular. "Shall" is a mandatory requirement; "May" is a permissive requirement; and "Should" is a preferred requirement. "Used" or "occupied" includes the words "intended," "designed," or "arranged to be used or occupied." "Lot" includes "plot" or "parcel".
(1) "Alley" see "thoroughfare".
(2) "Block" means real property located within the City of Norwalk, bounded on all sides by a thoroughfare, or thoroughfares, or other natural or manmade boundaries and used or intended to be used for building purposes.
(3) "Board of Education" means the Board of Education for the respective school district in which a subdivision is located within the territorial jurisdiction of the Planning Commission.
(4) "Building line" see "setback line".
(5) "City" means the City of Norwalk, Ohio.
(6) "City Engineer" means Public Works Director of the City.
(7) "Planning Commission" means the Planning Commission for the City.
(8) "Comprehensive Development Plan" or "Comprehensive Plan", means a plan, or any portion thereof, adopted by the Planning Commission and 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. Synonymous with "master plan."
(9) "Corner lot" see "lot types."
(10) "Council" means the Council of the City of Norwalk, Ohio.
(11) "County" means Huron County, Ohio.
(12) "Covenant" means a written pledge or promise.
(13) "Crosswalk" means a specially paved or marked path for pedestrians crossing a street, road, and/or private property.
(14) "Cul-de-sac" see "thoroughfare".
(15) "Culvert" means a transverse drain that channels under a street or driveway.
(16) "Dedication" means the intentional setting aside of certain land within a subdivision by the owner to public use. Usually these lands are for thoroughfares or easements, although they may be for parks or schools.
(17) "Density" means a unit of measurement; the number of dwelling units per acre of land.
A. "Gross density" means the number of dwelling units per acre of the total land to be developed.
B. "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(18) "Developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these Subdivision Regulations to effect a subdivision of land hereunder for himself or for another.
(19) "Driveway" means an area of land used for motor vehicular travel serving not more than three dwelling units.
(20) "Dwelling unit" means space, within a building, providing living, dining, sleeping and storage space, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(21) "Easement" means authorization by a property owner for the use of another for a specified purpose, of any designated part of his property.
(22) "Electronic version" means a CAD (computer aided drafting) file as acceptable per the Public Works Director.
(23) "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R. C. 4733.14, and any amendment thereto.
(24) "Final plat" means the map or set of maps which presents all of the engineering data required to construct the subdivision accurately, and which map or set of maps is signed by the Planning Commission and other appropriate officials or agencies and is recorded by the County Recorder as a permanent record. The final plat contains all of the information required in Chapter 1113.
(25) "Floodplain" means that area of land adjoining a watercourse which is expected to be flooded as a result of a severe combination of weather and surface conditions.
(26) "Highway Director" means the Director of the Ohio Department of Transportation.
(27) "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 enhancements normally associated with the development of raw land into building sites.
(28) "Land planner" means a professional who by virtue of training and/or experience, has expertise in designing the physical use of land by recognizing the natural environment and site resources in a way which molds man-made features with nature.
(29) "Location map" see "vicinity map".
(30) "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 herein required. Such lot shall have frontage on an improved public thoroughfare 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.
(31) "Lot frontage" means the portion nearest the thoroughfare. For purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to thoroughfares shall be considered frontage, and yards shall be provided as indicated in subsection (74) hereof, "yard".
(32) "Lot, minimum area of" means the area of a lot is computed exclusive of any portion of the right of way of any thoroughfare.
(33) "Lot measurements." A lot shall be measured as follows:
A. "Depth of lot" means the horizontal distance between the front and rear lot lines measured along the median between side lot lines.
B. "Width of lot" means the distance between side lot lines measured at the building setback line, provided however, that the width between side lot lines at their foremost points, where they intersect with the right-of-way line, shall not be less than seventy percent (70%) of the required lot width.
(34) "Lot of record" means a lot which is part of a subdivision record 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.
(35) "Lot split" see "minor subdivision".
(36) "Lot types. " Reference to corner lots, interior lots and through lots is as follows:
A. "Corner lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved thoroughfare or thoroughfares 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.
B. "Interior lot" means a lot other than a corner lot with only one frontage on a thoroughfare.
C. "Through lot" means a lot other than a corner lot with frontage on more than one thoroughfare. Through lots abutting two thoroughfares may be referred to as double frontage lots; however, through lots are to be discouraged and only allowed in extremely unusual situations or topographic conditions.
D. "Reversed frontage lot" means a lot on which frontage is at right angles or directly opposite to the general pattern in the area. A reversed frontage lot may be a corner lot or a through lot.
(37) "Map" means a graphic description of a parcel of realty or a subdivision plan designating metes and bounds, giving courses, boundaries and extent and shall be the product or result of a field survey by a surveyor.
(38) "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. 711.131. Synonymous with "lot split".
(39) "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 thoroughfare alignment.
(40) "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 permissible. Thoroughfares, structures for habitation and the like shall not be included.
(41) "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.
(42) "Owner" means any individual, firm, association, syndicate, copartnership, 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 these Subdivision Regulations.
(43) "Pad" means a building site prepared by artificial means, including, but not limited to, grading, excavation, filling or any combination thereof.
(44) "Parcel" means any piece of land described by a current deed.
(45) "Parking space, off-street" means an area adequate for parking an automobile with room for opening the doors on both sides, together with properly related access to a public thoroughfare and maneuvering room, but shall be located totally outside of any thoroughfare right of way.
(46) "Pavement" see "roadway".
(47) "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.
(48) "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 or the Zoning Ordinance. The procedure for approval of such development contains requirements in addition to those of the standard subdivision plat, such as building design principles and landscaping plans.
(49) "Planning officer" means the individual named by the Planning Commission or hired by the City to act on behalf of the City in planning matters. Such individual may administer the provisions of those Subdivision Regulations or the Zoning Ordinance or such other ordinances as may be pertinent to the development of the City. The Planning Commission, by a 5/7 majority vote, may delegate any of its authority to the Planning Officer pertaining to lot splits or minor subdivisions. The Planning Officer may receive requests to be transmitted to the Planning Commission and ascertain whether or not the requests are complete and correct, but shall not make any decisions other than those which are within his jurisdiction.
(50) "Plat" means a map of a tract or parcel of land prepared by a surveyor, which shall specifically describe the streets, alleys, commons or public grounds and all inlets, outlets and fractional lots within such tract or parcel of land.
(51) "Preliminary plat" means the map or set of maps which presents the proposed subdivision design, along with all of the information required in Chapter 1113, which enables the Planning Commission to accurately review the proposal. Approval of the preliminary plat entitles the developer to prepare a final plat for construction and recording of the subdivisions.
(52) "Public" means anything dedicated to or belonging to any governmental authority which is declared to be available for or open to common use by the people at large.
(53) "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 ways in which the general public or a public entity have a right or which are dedicated, whether improved or not.
(54) "Public Works Director" means the City of Norwalk's Director of Public Works and may also be the "City Engineer".
(55) "Regional Planning Commission" means the Huron County Regional Planning Commission.
(56) "Reproducible tracing" means a drawing from which a print may be directly taken.
(57) "Reserves" means parcels of land within a subdivision that are intended for future use.
(58) "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, lighting and drainage facilities and may include special features, required by topography or treatment, such as grade separations, landscaped areas, viaducts and bridges.
(59) "Roadway" means the portion of a thoroughfare which is normally paved or at least improved to accommodate vehicular traffic movements and where curbs are laid, it is that portion between the curbs.
(60) "Setback line" means a line established by the Zoning Ordinance, generally parallel with and measured from the front lot line (thoroughfare right-of-way line), defining the limits of the front yard in which no building or structure may be located above ground except as may be provided in the Zoning Ordinance.
(61) "Sewers, central or group" means 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.
(62) "Sewers, on-site" means 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.
(63) "Sidewalk" means that portion of the thoroughfare right of way outside of the roadway, which is improved for the use of pedestrian traffic.
(64) "Sketch plan" means a drawing, which may or may not be drawn to scale, which illustrates a proposed development. Such drawing may be submitted informally to the Planning Commission prior to formal submission of a preliminary plat in order to explore the possibilities of the particular development in the particular location. This would be the pre-application sketch. Sketch plan also may refer to a drawing illustrating the transfer of land between property owners when no plan is required under Ohio R. C. 711.131.
(65) "Subdivider" see "developer".
(66) "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, 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 governmental, residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any private or public street or streets except private streets serving industrial structures or driveways; 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".
(67) "Subdivision Regulations" or "these Regulations" as used in Title Three of this Part Eleven - Planning and Zoning Code means Ordinance 73-49, passed July 17, 1973, as amended.
(68) "Surveyor" means any person registered to practice surveying by the State Board of Registration as specified in Ohio R.C. 4733.14 and any amendment thereto.
(69) "Terrain classification." Terrain within the territorial jurisdiction of the Planning Planning Commission is classified as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:
A. "Level" means that land which has a cross slope range of four percent (4%) or less.
B. "Rolling" means that land which has a cross slope range of more than four percent (4%) but not more than eight percent (8%).
C. "Hilly" means that land which has a cross slope range of more than eight percent (8%) but not more than fifteen percent (15%).
D. "Hillside" means that land which has a cross slope range of more than fifteen percent (15%).
(70) "Thoroughfare" means a street, road, avenue, alley, boulevard, parkway, expressway, freeway, drive, circle, lane, court, place or way and is 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 thoroughfare used primarily for vehicular service access to the back or side of properties abutting on a principal thoroughfare.
B. "Interstate" and "intercounty routes."
1. "Major arterial thoroughfare" means thoroughfares designed to carry heavy loads and large volumes of traffic which by virtue of their location, continuity and width move traffic to and from the community.
2. "Minor arterial thoroughfare" means thoroughfares designed to carry heavy loads and large volumes of traffic which by virtue of their location and width move traffic around and across the community.
C. "Intracounty" and "intracommunity thoroughfares".
1. "Major collector thoroughfares" means thoroughfares which serve major segments of the community such as the central business district and which provide traffic routes between the arterial routes and the minor collectors.
2. "Minor collector thoroughfares" means thoroughfares, whether within a residential, commercial, industrial or other type of development, which primarily carries traffic from local thoroughfares to major collectors or arterials, including the principal entrance and circulation routes within residential subdivisions.
D. "Local thoroughfares" means a thoroughfare primarily for providing access to abutting properties, usually residential although access may be to neighborhood commercial uses or light industrial areas.
1. "Cul-de-sac" means a local thoroughfare of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
2. "Loop thoroughfare" means a local thoroughfare, each end of which terminates at an intersection with the same collector or local thoroughfare, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from the collector or local thoroughfare, nor normally more than 600 feet from each other.
E. "Marginal access thoroughfare" means a local or collector thoroughfare parallel and adjacent to arterial or major collector routes providing access to abutting properties and which intercepts, collects or distributes traffic desiring to cross, enter or leave the major traffic arteries.
F. "Dead-end thoroughfare" means a thoroughfare temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(71) "Variance" means a modification of the strict terms of the relevant regulations where such modification shall 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.
(72) "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 of other nearby developments or landmarks and community facilities and services within the jurisdictional area of the City in order to better locate and orient the area in question.
(73) "Watershed" means that area measured in the horizontal plane, enclosed by a topographic divide from which direct surface runoff from precipitation normally drains by gravity.
(74) "Yard" means a required open space other than a court unoccupied and unobstructed 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. Type of yards are as follows:
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 front of the principal building.
B. "Rear yard" means a yard extending between the side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
C. "Side yard" means 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.
(75) "Zoning Ordinance" means the Zoning Ordinance of the City of Norwalk.
(Ord. 2011-008. Passed 3-15-11.)