For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE APPROVAL. A splitting of land for property owners not contemplating an extensive subdivision of land. This procedure is limited to the first four lots split from the original parcel. The original parcel is defined as that land purchased by the present owner. All lots must front an existing approved street or road and be five acres or less in size. Lots greater than five acres in size that front on an approved street or road are not subject to these administrative approval regulations.
APPROVED STREET OR ROAD. A right-of-way designed and approved for purposes of providing vehicular access and meeting the requirements of §§ 152.055 et seq., where appropriate.
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.
COMMISSION. The Planning Commission of Oak Harbor, Ohio.
COUNCIL. The Village Council of Oak Harbor, Ohio.
COUNTY. Ottawa County, Ohio.
COVENANT. A written promise or pledge.
CROSSWALK. A public right-of-way which cuts across a block in order to provide pedestrian access to adjacent streets or properties.
CULVERT. A transverse drain that channels under a street or driveway.
DENSITY. The number of dwelling units per acre of land.
(1)
GROSS DENSITY. The number of dwelling units per acre of the total land area 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.
DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under the regulations to effect a subdivision of land hereunder for himself, herself or for another.
DWELLING UNIT. Space within a building comprising living, dining, and sleeping rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by one family and its household employees.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
ESCROW ACCOUNT. An agreement by a subdivider or developer with the village for the amount of the estimated construction cost, plus 10%, guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
ENGINEER. Any person registered to practice professional engineering by the State Board of Registration as specified in R.C. § 4733.14.
FLOODPLAIN. The area of land adjoining a water body which is expected to be flooded as a result of a combination of severe weather and surface conditions (see “Regulatory Floodplain”). The area of the floodplain is delineated on the Federal Flood Insurance Maps.
FLOODWAY. The channel of the watercourse of those portions of the adjoining floodplains which are required to convey the regional flood and delineated on the Federal Flood Insurance Maps.
FLOODWAY FRINGE. The area within the regulatory floodplain that is outside the floodway and acts as a backwater storage area, as delineated on the Federal Flood Insurance Maps.
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.
LOT. The term includes the words “plot” or “parcel” and means a parcel of land of sufficient size to meet minimum zoning requirements and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) 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.
LOT AREA. The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street and exclusive of canals, waterways, and land under 574 feet U.S.G.S.
LOT DEPTH. A mean horizontal distance between the front lot line and the rear lot line, measured in a general direction parallel with its side lot lines. Unless otherwise specified, depth shall be measured from the street line right-of-way line.
LOT FRONTAGE. The length of the front lot line measured at the street right-of-way line.
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 more streets. A lot abutting on a curved street 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)
INTERIOR LOT. A lot with frontage on only one street.
(3)
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.
(4)
REVERSED FRONTAGE LOT. A lot which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
LOT WIDTH. The continuous horizontal distance between the side lines of the lot measured at right angles to its depth along a straight line parallel to the front lot line at the legally established setback line.
MAJOR THOROUGHFARE PLAN. The comprehensive plan made and adopted by Village Council indicating the general location recommended for the main thoroughfare, primary and secondary streets within the village.
MAY. The term is a permissive requirement.
MINOR SUBDIVISION. A division of a parcel of land not requiring a plat to be approved by the Planning Commission according to R.C. § 711.131. Also known as “Administrative Approval.”
MONUMENTS. Permanent concrete or iron markers used to establish definitively all lines of a plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.
OCCUPIED or USED. Include the words intended, designed, or arranged to be used or occupied.
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 environment features, swimming pools, tennis courts, and other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included.
ORIGINAL PARCEL. That contiguous land under the same ownership at the time the parcel or parcels were acquired.
OUT LOT. Property shown on the subdivision plat and which is not part of the proposed plat.
PARCEL. Any piece of land described by a current deed.
PERFORMANCE BOND. A certificate or evidence of debt which protects against loss due to inability or refusal of an individual or contractor to perform his or her contract.
PERSON. Includes a firm, association, organization, partnership, trust, company, or corporation as well as the individual.
PLAT. A map or drawing showing the plan of the subdivision of a tract or parcel of land.
(1)
PRELIMINARY PLAT. The map or set of maps which presents the proposed subdivision design, along with all of the information required in these regulations which enables the Planning Commission to accurately review the proposal. Approval of the preliminary plat entitles the subdivider to prepare a final plat for construction and recording of the subdivision.
(2)
FINAL PLAT. The map or set of maps which presents all data required by these regulations and bears substantial conformance to the preliminary plat. A final plat submittal includes all improvement and drainage plans required for the subdivision. When approved, such plat is signed by the Planning Commission and other appropriate officials or agencies and is recorded by the County Recorder as a permanent record.
PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, highway, parkway, right-of-way, road sidewalk, street, subway, tunnel, viaduct, land, walk, or other ways in which the general public or a public entity has a right or which are dedicated thus, whether improved or not.
REGIONAL FLOOD. A flood having an average frequency of occurrence on the order of once in 100 years, although the flood may occur in any year and as delineated on the Federal Flood Insurance Maps.
REGULATORY FLOODPLAIN. A water body adjoining areas which have been or hereafter may be covered by the regional flood as delineated on the Federal Flood Insurance Maps.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may also include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges. Public streets and roads are rights-of-way.
ROADWAY. That portion of a highway right-of-way, including shoulders, for vehicular use.
SANITARY SEWER SYSTEM. A public or community sewerage collection system that conveys sewage to a central sewage treatment plant approved by the Ohio Environmental Protection Agency.
SEWAGE SYSTEMS, INDIVIDUAL ON-SITE. A sewage disposal or treatment system or part thereof which receives sewage and utilizes soil absorption or soil percolation to dissipate sewage effluent into the soil as approved by the Ottawa County Board of Health or the Ohio Environmental Protection Agency.
SHALL. The term is a mandatory requirement.
SHOULD. The term is a preferred requirement.
SUBDIVIDER. Any individual, developer, 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, herself or for another.
SUBDIVISION.
(1) The division of any parcel of land shown as a unit or as contiguous units on the 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 each not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining landowners where such sale or exchange does not create additional building sites shall be exempted; or
(2) The improvement of one or more parcels of land for residential, commercial, or industrial 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.
(R.C. § 711.001(B))
SURVEYOR. Any person registered to practice surveying by the State Board of Registration as specified in R.C. § 4733.14.
THOROUGHFARE, ROUTE, STREET or ROAD. The full width between the edges of the right-of-way bounding every public way with a part thereof to be used for vehicular traffic and designed as follows:
(1)
ARTERIAL ROUTE. A street or road providing for traffic movement between collector streets and routes.
(2)
LIMITED ACCESS HIGHWAY. A divided multi-lane highway for through traffic with all crossroads separated in grade and with controlled access and exit.
(3)
LOCAL COLLECTOR STREETS. A street or road providing for traffic movement between arterial streets or routes and residential streets. Local collectors provide for the internal traffic movement within residential subdivisions.
(4)
PRIMARY ROUTE. A highway for through traffic movement between areas in the county, across the county and to and from expressways, and on which traffic control measures are used to expedite the safe movement of through traffic.
(5)
RESIDENTIAL STREETS. A street or road primarily providing access to abutting property.
(6)
SECONDARY ROUTE. A highway for through traffic usually on a continuous route. Provides for through traffic movement primarily between areas in the county and to and from expressways and primary routes. Secondary routes connect all important industrial, business, and residential areas in the county.
(7)
SPECIAL STREETS.
(a)
ALLEY. A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(b)
CUL-DE-SAC. A street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(c)
DEAD-END STREETS. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(d)
MARGINAL ACCESS STREET. A street parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
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 regulation 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 village in order to better locate and orient the area in question.
VILLAGE. The Village of Oak Harbor, Ohio.
WATER, PRIVATE SUPPLY. A water system for the provision of water for human consumption for a dwelling unit.
WATER, PUBLIC SUPPLY. A water system serving water for human consumption that consists of more than 15 service connections or serves an average of more than 25 individuals daily for more than 60 days out of the year.
(Ord. 12-94, § 107, passed 1-17-95)