(a) Interpretation of Terms or Words. Words in these regulations are used in their ordinary English usage. Certain terms or words used herein shall be interpreted and defined as follows and wherever used in these regulations shall have the meaning indicated in this section. The word "shall" is to be interpreted as mandatory and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of said criterion or standard is desired and essential unless commensurate criteria or standards are achieved.
(b) All words used in the singular shall include the plural, and all words used in the present tense shall include future tense, unless the context clearly indicates the contrary.
(1) Block. A piece or parcel of land entirely surrounded by public streets or highways, railroad rights-of-way, parks, streams and other bodies of water or a combination thereof.
(2) Community Facilities. Existing, planned and proposed parks, playgrounds, schools and other public lands and buildings of the municipality for which the regulations are in effect.
(3) Comprehensive (Concept) Plan. The plan, or any portion thereof, adopted by the Planning Commission of the Village, which shows the general location and extent of physical facilities including main thoroughfares, parks, schools and other public open spaces and public building sites.
(4) Developer. Any person, subdivider, partnership, or corporation or duly authorized agent who constructs or contracts to construct improvements on subdivided land.
(5) 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.
(6) Easement. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of this property.
(7) Engineer. Any person licensed to practice engineering in the State of Ohio, specifically a civil engineer as referred to in these regulations.
(8) Flood Plain. The portion of a river or creek valley adjacent to the drainage channel which is periodically covered with water when the river or creek overflows its banks during flood stage.
(9) Improvements. Any additions to the natural state of the land which increases its value or utility, including pavements, curbs, gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, landscaping and other appropriate facilities or plantings.
(10) Lot. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership and/or for building purposes or development. Such lot shall have frontage on a dedicated public street.
(11) Major Thoroughfare Plan. The Thoroughfare Plan adopted by the Village Planning Commission indicating the existing or recommended location for arterials, collectors and local streets within the corporate limits of the Village.
(12) Maintenance Bond. An agreement in the form of a bond or other surety by a subdivider with the Village for the amount so determined by the Village Engineer to assure that public streets and facilities are maintained between time of completion by the subdivider and formal acceptance of dedication by the Village Council.
(13) Manufactured Home. A manufactured building or portion of a building designed for long-term residential use. This category includes the following:
A. Modular Unit. A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site.
B. Sectional Units. A dwelling made of two or more modular units transported to the homesite put on a foundation, and joined to make a single dwelling.
C. Mobile Home. Manufactured housing built on a chassis. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, even when wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle.
D. Mobile Home, Double-Wide or Triple-Wide. A mobile home consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.
E. Mobile Home, Expandable. A mobile home with one or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.
This category does not include the sub-assembly methods of construction known as pre-fab or pre-cut, in which cases some portion of the preparation of sub-assembly may be done at the factory but not erected until at the foundation site.
(14) Manufactured Home Subdivision. A tract of land which is subdivided for sale of the individual lots.
(15) Monuments. 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.
(16) Net Acre. Land area which excludes all street, utility and railroad rights- of-way, and waterways.
(17) Owner. Any individual, firm, association, syndicate, copartnership, corporation, trust, or 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.
(18) Pad. A building site prepared by artificial means, including grading, excavation, or filling, or any combination thereof.
(19) Performance Bond or Other Surety. An agreement by a subdivider or developer in the form of a bond, certified check or letter of credit with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed in the subdivider's or developer's agreement.
(20) Plat. The map, drawing, or chart on which the developer's plan of subdivision is presented to the Village Planning Commission for approval and, after such approval, to the County Recorder for recording.
(21) Plat, Final. The final map, drawing, or chart, and supplementary information, based upon the approved preliminary plat, in which the subdivider's plan is presented to the Village Planning Commission for approval and which, if approved, will be certified and submitted to the County Recorder.
(22) Plat, Preliminary. The preliminary map, drawing, or chart, and supplementary information, on which the layout and design of a proposed subdivision is submitted to the Planning Commission for consideration and approval.
(23) Right-of-Way. A strip of land taken or dedicated for use as a public way. In addition to the roadway or pavement, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities.
(24) Setback. A line established by the Zoning Ordinance, generally parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground, except as may be provided in said code.
(25) Street. The paved portion within a right-of-way which is used for vehicular traffic and designated as follows:
A. Arterial Highway. A general term denoting a highway primarily for through traffic, usually on a continuous route.
B. Collector Street. A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which carries traffic from local streets to arterial highway, including the principal entrance streets of residential developments and primary circulation routes within such development.
C. Local Street. A street primarily for providing access to residential, commercial, or other abutting property.
D. 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.
E. Alley. Minor ways used primarily for vehicular service access to the back or side of properties abutting on other streets.
F. Marginal Access Street. A local street parallel and adjacent to an arterial highway, providing access to abutting properties and protection from the arterial highway.
(26) Subdivider. Any individual, developer, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another.
(27) Subdivision. 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 purposes, 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 does not create additional building sites, shall be exempted; or 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.
(28) Subdivision, Minor. A subdivision approved by the Village Planning Commission which does not require a plat and which is in conformance with the provisions of Section 1109.21
.
(29) Surveyor. Any person registered to practice surveying as defined by the Surveyor's Registration Act of the State of Ohio.
(30) Zoning Ordinance. The Zoning Ordinance of the Village.
(EDITOR’S NOTE: The Zoning Ordinance was adopted on July 14, 2003. Subsequent amendments of the Zoning Ordinance will be indicated by legislative histories at the end of the affected sections.)