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. A piece or parcel of land entirely surrounded by public highways, public streets, railroad right-of-way, parks, streams, lakes or bodies of water, or a combination of these bounds.
BUILDING. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, possessions, or property.
BUILDING LINE. The front yard setback line at/upon which the front line of a single or duplex dwelling unit must be placed in a residential subdivision.
COMMISSION. The Planning Commission of the Village of Pemberville.
COMPREHENSIVE DEVELOPMENT PLAN. A plan, or any portion thereof, adopted by the Planning Commission and Village Council showing the long-range plan for the desirable use of land in the area, 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. The purpose of such PLAN being, among other purposes, to serve as a guide in future development and zoning for the community. This PLAN also establishes the goals, objectives, and policies of the community. The COMPREHENSIVE PLAN could also be referred to as the LAND USE PLAN.
CONCEPTUAL PLAN. An informal drawing which shows a developer’s intentions for subdivision or development of property and which gives sufficient site information for Planning Commission and/or Council to offer suggestions for site development.
CONDOMINIUM. An estate in real property consisting of an undivided interest in common with other purchases in a portion of a parcel of real property, together with a separate interest in space in a residential building such as an apartment. A CONDOMINIUM may include, in addition, a separate interest in other portions of such real property.
CORNER LOT. See LOT TYPES.
COUNCIL. The Village Council of the Village of Pemberville.
COUNTY ENGINEER. The County Engineer of Wood County, Ohio.
COVENANT. A written promise or pledge.
CUL-DE-SAC. See THOROUGHFARE.
CULVERT. A transverse drain that channels water under a bridge, street, or driveway.
CURB LEVEL. The officially established grade of the curb in front of the mid-point of the lot.
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 (including public right-of-way).
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses (excluding public right-of-way).
DENSITY, HIGH RESIDENTIAL. Land to be utilized for residential purposes, including public housing and industrialized units, which have more than eight dwelling units per gross acre.
DENSITY, LOW RESIDENTIAL. Land to be utilized for residential purposes, including public housing and industrialized units, which do not exceed four dwelling units per gross acre.
DENSITY, MEDIUM RESIDENTIAL. Land to be utilized for residential purposes, including public housing and industrialized units, which have more than four dwelling units per gross acre and do not exceed eight dwelling units per gross acre.
DEVELOP. To make a development; also to do any grading or filling of land, whether developed 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, 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, herself, or for another.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DRAWING. The map drawing or chart on which the developer’s plan of subdivision is presented to the Planning Commission for conceptual and/or preliminary approval, after such approval(s), or in concurrence with either submittal, the final plat may be prepared for submission.
DRIVEWAY. A vehicular travel way 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 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, and having its own means of entrance which can be distinguished from other dwellings.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the subject property.
ENGINEER. Any person registered to practice professional engineering in the State of Ohio by the State Board of Registration as specified in R.C. Chapter 4733.
ENVIRONMENTAL AUDIT or SITE ASSESSMENT. A survey of potential contamination of a site from previous or current activity on that site or adjacent property. The purpose is to clear a site of potential village liability as it relates to existing or future right-of-way, easements, or dedicated park land, or to recommend additional phases of investigation to verify these liability issues. This survey is performed by a firm or individual specializing in ENVIRONMENTAL AUDITS or SITE ASSESSMENTS.
EQUAL DEGREE OF ENCROACHMENT. A standard applied in determining the location of floodway limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the hydraulic conveyance of the floodplain along both sides of a stream for significant reach.
EROSION CONTROL. See STORM WATER PERMIT.
FINAL PLAT. The final map, drawing, or chart of a subdivision prepared in conformance with the requirements of the regulations and suitable for recording by the County Recorder.
FLOOD. A temporary rise in stream level that results in inundation of areas not ordinarily covered by water.
FLOOD STAGE. The highest point at which flood waters have risen in the specific area in question. If the responsible authority is unable to determine, it shall be the duty of the Village Council to so determine.
FLOODPLAIN. The areas adjoining a watercourse which are expected to be flooded as a result of a severe combination of hydrological conditions.
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry any discharge of the regional flood.
FLOODWAY FRINGE. The portion of the regulatory floodplain outside of the floodway.
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.
GRADE, FINISHED. The completed surfaces of lawns, walks, and roads brought to grades as shown on village approved plans or designs relating thereto.
HIGHWAY OR TRANSPORTATION DIRECTOR. The Director of the Ohio Department of Transportation.
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 items/matters normally associated with the development of raw land into building sites.
LAND USE PLAN. See COMPREHENSIVE PLAN.
LINE, STREET. The dividing line between the street and lot, also referred to as the RIGHT-OF- WAY LINE.
LOCATION MAP. See VICINITY MAP.
LOT. 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 and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record; and
(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 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.
LOT LINES. Any line dividing one lot from another.
LOT MEASUREMENTS. Include the following:
(1) 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, length shall be measured from the right-of-way of the street. LOT LENGTH and LOT DEPTH have the same meaning; and
(2) WIDTH. The distance between the lines connecting front and rear lot lines at each side of the lot, measured at the building setback line; provided, however, that the distance measured between the side lot lines where they intersect with the street line shall not be less than 80% of the required width.
LOT, MINIMUM AREA OF. The area of a lot is computed exclusive of any portion of the right-of- way of any public street.
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 an interior angle of less than 135 degrees. A corner lot shall be considered to have two front yards with the location of the rear yard to be determined by Planning Commission, generally opposite the minor street.
(2) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
(3) 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.
(4) THROUGH LOT. A lot having frontage on two parallel or approximately parallel streets. THROUGH LOTS abutting two streets may be referred to as double frontage lots.
MAINTENANCE GUARANTEE. Financial security that may be accepted by a governmental agency as a guarantee that the completed improvements required as part of an application for development will be satisfactorily maintained for a 12-month period following completion of said improvements and acceptance by the agency. A MAINTENANCE GUARANTEE may typically be provided in the form of a maintenance bond, irrevocable letter of credit from a reputable financial institution, or an escrow account, any of which are provided in favor of the governmental agency.
MAJOR THOROUGHFARE PLAN. The comprehensive plan recommended by the Planning Commission and adopted by Council indicating the general location recommended for arterial, collector, and local thoroughfares within the corporate limits. Also could be referred to as, or could be a part of, a LAND USE PLAN.
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. Also known as LOT SPLIT.
MONUMENTS. Permanent markers used to establish definitely all subdivision boundary line corners, points of change in centerline of street right-of-way alignment, points of intersection of centerline of street alignments, and lot corners. (See § 150.097 for regulations.)
ODOT. The Ohio Department of Transportation.
OEPA. The Ohio Environmental Protection Agency.
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 other recreational facilities that the Planning Commission deems permissive. Streets, drives, sidewalks, parking spaces, pavement stones, and structures 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 these regulations.
PAD. A building site prepared by artificial means, including, but not limited to, grading, excavation, or filling, or any combination thereof.
PARCEL. Any area or tract of land as defined in a recorded deed description and shown on a tax duplicate.
PARKING SPACE, OFF-STREET. For the purpose of these regulations, an off-street parking space shall consist of an area consistent with the requirements of the zoning code for parking an automobile, 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.
PEDESTRIAN WALKWAY. A right-of-way, generally ten feet in width with a four-foot wide to five-foot wide sidewalk, which cuts across a block to facilitate pedestrian access to adjacent streets and properties. PEDESTRIAN WALKWAY, right-of-way, and sidewalk maintenance shall be the responsibility of a homeowner’s association, or adjacent property owner(s) if no homeowner’s association exists.
PERFORMANCE GUARANTEE. Financial security that may be accepted by a governmental agency as a guarantee that the improvements required as part of an application for development will be satisfactorily completed. A PERFORMANCE GUARANTEE may typically be provided in the form of a performance bond, irrevocable letter of credit from a reputable financial institution, or an escrow account, any of which are provided in favor of the governmental agency.
PERSON. Any natural individual human being, firm, partnership, association, or corporation. This definition does not include governmental units/entities.
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. 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.
PLANNING COMMISSION. The Commission which controls the platting of land within the corporate limits of the Village of Pemberville.
PLAT. The map, drawing, or chart on which the developer’s final plan of subdivision is presented to the Planning Commission, the Council, and other proper reviewing agencies for approvals and, after such approvals are received, is presented to the County Recorder for recording.
PRELIMINARY PLAN. The initial proposal, including both narrative and site design information, intended to provide the 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 or a public entity have a right, or which are dedicated, whether improved or not.
REACH. A hydraulic engineering term to describe longitudinal segments of a stream or river. A REACH will generally include the segment of the flood hazard area where flood heights are influenced by a human-made or natural obstruction. In a urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a REACH.
REGIONAL FLOOD. The flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The REGIONAL FLOOD generally has a flood frequency of approximately 100 years as determined by analysis of floods on a particular stream and other streams in the same general region.
REGIONAL FLOOD PROTECTION ELEVATION. The elevation of the regional flood plus one foot of freeboard to provide a safety factor.
REGIONAL FLOODPLAIN. The area inundated by the regional flood (100 year frequency flood). This is the floodplain area which shall be regulated by the standard and criteria of this ordinance.
REGULATIONS. Subdivision regulations for the Village of Pemberville, Wood County, Ohio.
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.
RESERVES. Parcels of land within a subdivision that are intended for future use.
RESPONSIBLE AUTHORITY. The individual or governing body, as determined by P.C., to be responsible for reviewing and/or approving or disapproving a request. Note: The preceding definition is intended to replace “Zoning Inspector” and/or “Zoning Administrator”.
REVIEWING AGENCIES. Any person, firm, village official or department, or governmental agency required to review existing or proposed development, uses, or variances as directed by the Planning Commission, Zoning Board of Appeals, Council, or responsible authority, or as required by the Ohio Revised Code.
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 as grade separation, landscaped areas, viaducts, and bridges.
SETBACK LINE. A line established by the subdivision regulations and/or zoning ordinance, generally parallel with and measured from the lot line or right-of-way line and defining the limits of a yard. (See YARD, FRONT; YARD, REAR; YARD, SIDE)
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 system 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.
SIDEWALK. The portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic. (See WALKWAY.)
SOIL REPORT. A statement of soil conditions by a qualified source.
STORM WATER PERMIT. EPA NPDES permit required for construction sites addressing erosion control procedures, and specifically including notice of intent application and storm water pollution prevention plan.
STREET. A public way which affords the principal means of vehicular access to abutting properties.
STREET, CENTERLINE. A line, generally parallel with and midway between two street rights-of- way or property lines.
STRUCTURE. Any building, shed, parking areas, driveways, paving stone area, or any other object constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, regardless if it is temporary or permanent construction. STRUCTURE shall not include live plant materials established on a lot.
SUBDIVIDER. See DEVELOPER.
SUBDIVISION.
(1) 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
(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 MINOR SUBDIVISION.)
SURVEYOR. Any person registered to practice professional surveying in the State of Ohio by the State Board of Registration as specified in R.C. Chapter 4733.
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.
(4) ROLLING. Land which has a cross slope range of more than 4%, but not more than 8%.
THROUGH LOT. See LOT TYPES.
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.
(1) ALLEY. A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(2) 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.
(3) BOULEVARD STREET. A street developed by two one-way pavements separated by a median.
(4) 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.
(5) CUL-DE-SAC, INTERMEDIATE. Typically a local through street with a vehicular turnaround placed between street intersections or at the end of a temporary dead end street intended to be extended in the future.
(6) CUL-DE-SAC, TERMINATING. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(7) DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(8) LOCAL STREET. A street primarily for providing access to residential, commercial, or other abutting property.
(9) 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.
(10) 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.)
(11) MINOR STREET. A street of limited continuity used primarily for access to abutting residential properties and protection from through traffic.
TRACING. A translucent drawing on linen, Mylar, cronaflex, or equal, from which a print can be taken directly.
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, development, or use to other nearby developments or landmarks and community facilities and services within the county 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.
WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
WETLANDS. Areas inundated or saturated by surface or ground water at a frequency or duration sufficient to support, under normal circumstances, a prevalence of vegetation adapted for life in saturated soil conditions. These areas may be as defined by the Corps of Engineers, Soil Conservation Service, Ohio Department of Natural Resources, or the Ohio Environmental Protection Agency, and are specifically delineated by a wetlands specialist.
YARD. An unoccupied space open to the sky, on the same lot with a building or structure.
YARD, FRONT. An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street right-of-way line. Covered porches whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required FRONT YARD.
YARD, REAR. An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the REAR YARD shall be measured between the rear line of the lot, or the centerline of the alley, if there is an alley, and the rear line of the building.
YARD, SIDE. An open unoccupied space on the same lot with a main or accessory building situated between that building and the side line of the lot and extending from the front yard to the rear yard.
(Ord. 1235, passed 7-16-2002)
Editor’s note:
Diagrams of different types of cul-de-sacs, types of lots, and the like can be found in the ordinance codified herein