(a) Rules of construction. The following rules of construction shall apply to the provisions of these regulations:
(1) The particular shall control the general.
(2) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) The word "shall" is always mandatory and not discretionary. The words "may" and "should" are permissive.
(4) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or units connected by the conjunction "and" or "or", the conjunction shall be interpreted as follows:
A. "And" indicates that all connected items, conditions, provisions or events shall apply.
B. "Or" indicates that the connected items, conditions, provisions or events may apply singly but not in combination.
(5) The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(6) The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied".
(7) The word "lot" includes the words "plot" or "parcel".
(8) In case of any difference of meaning or implication between the provisions of these regulations and any caption or illustration, the provisions shall control.
(9) Terms not herein defined shall have the meaning customarily assigned to them.
(b) Definitions. For the purpose of these regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Alley." See "street".
(2) "Block." Subdivided property surrounded by, but not separated by, one or more of the following man-made or physical land features: private or public dedicated streets, unsubdivided acreage, rivers or streams, or any other physical feature which prevents continuity of development.
(3) "Building setback line." A line establishing the limits of a yard which abuts a street and in which no building may be located.
(4) "City." City of Shelby, Ohio.
(5) "Comprehensive Development Plan." A plan, or any portion thereof, adopted by the City Planning Commission and/or the City 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.
(6) "County." Richland County, Ohio.
(7) "Covenant." A written promise or pledge.
(8) "Cul-de-sac." See "street".
(9) "Culvert." A transverse drain that channels under a bridge, street or driveway.
(10) "Dead-end street." See "street".
(11) "Density." The number of dwelling units that can be developed on a given acre of land.
(12) "Developer." Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or other legal entity commencing proceedings under these regulations to effect a subdivision of land for himself or herself or for another.
(13) "Easement." A quantity of land over which a liberty, privilege or advantage is granted by the owner to the public, a corporation, a utility or a particular person, for a specific use or purpose.
(14) "Engineer, professional." A person registered to practice professional engineering by the State Board of Registration as specified in R.C. § 4733.14.
(15) "Flood plain." That land which has been or may hereafter be covered by flood waters, including but not limited to the regulatory flood. For the purpose of these regulations, the regulatory flood shall be deemed to be a flood of 100-year frequency. "Flood plain" shall include land designated as flood hazard areas on Federal Emergency Management Agency approved flood plain maps.
(16) "Improvements." Grading, street surfacing, curbs and gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, storm sewer outfall, culverts, streetlights, street trees, flood control and drainage facilities, and the appurtenances required to render land suitable for the proposed use.
(17) "Licensed land surveyor." A person licensed to practice surveying by the State Board of Registration.
(18) "Lot." A division of land separated or intended to be separated from other divisions of land by description on a recorded subdivision plat or recorded survey map, or by metes and bounds for the purpose of sale, lease or separate use.
(19) "Lot, corner." A lot at the point of intersection of and abutting two or more intersecting streets.
(20) "Lot, double frontage (through lot)." A lot, other than a corner lot, that abuts more than one street.
(21) "Lot frontage." The portion of a lot nearest the street. All sides of a lot adjacent to streets shall be considered lot frontage with respect to corner lots and double frontage lots.
(22) "Lot measurements." A lot shall be measured as follows:
A. The depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the near most points of the side lot lines in the rear.
B. The 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 minimum building setback line; provided, however, that the width between side lot lines at their foremost point (where they intersect with the street line) shall not be less than 80% of the required lot width.
(23) "Lot, minimum area of." The area of a lot computed exclusive of any portion of the right-of-way of any public or private street.
(24) "Major Thoroughfare Plan." The comprehensive plan adopted by the City Planning Commission indicating the general locations recommended for arterial, collector and local thoroughfares within the corporate limits of the city and the unincorporated areas within three miles thereof.
(25) "Monuments." Boundary and lot markers which conform to the regulations of the State Board of Registration for Professional Engineers and Surveyors, as authorized by R.C. § 4733.07.
(26) "Open space." An area, open and unobstructed between the ground and sky, which may be on the same lot with a building.
(27) "Open space development." Any subdivision of land which has both individual building sites and common open space areas, such as park and recreation areas, and which is planned, designed and organized as a unified development capable of providing a variety of residential dwellings.
(28) "Out lot." Property, shown on a subdivision plat outside of the boundaries of the land to be developed, which is to be excluded from the development of the subdivision.
(29) "Pedestrian walkway." A dedicated public right-of-way limited to pedestrian use.
(30) "Performance bond." An agreement between a subdivider or developer and the city, for the amount of the estimated construction cost, guaranteeing the completion of physical improvements by the developer according to plans and specifications within the time prescribed in the agreement.
(31) "Planned unit development (PUD)." Any subdivision of land where both individual building sites and common property devoted to parks or other recreation facilities are designed and organized to be capable of satisfactory use and operation as a self-contained residential area. A "PUD" may include shopping centers and planned industrial park developments.
(32) "Plat." See "subdivision plat".
(33) "Preliminary plan." A drawing for the purpose of study of a major subdivision, which, if approved, authorizes with the preparation of a subdivision plat.
(34) "Public utility." Any person, firm, association, corporation, trust, board, commission or other legal entity, duly authorized to furnish to the public, under state, county or municipal regulations, gas, steam, electricity, sewage disposal and treatment, communication, telegraph, transportation or water.
(35) "Public way." An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, lane, 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.
(36) "Regional Planning Commission." The Richland County Regional Planning Commission.
(37) "Reserve strip." A strip of land parallel to, or at the end of and abutting, a thoroughfare, controlling the means of access onto a property.
(38) "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 (required by topography or treatment), such as grade separation, landscaped areas, viaducts and bridges.
(39) "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 or community.
(40) "Sewers, on-site." 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 which provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(41) "Sidewalk." That portion of the street right-of-way outside the roadway, which is improved for the use of pedestrian traffic (see also "walkway").
(42) "Street, thoroughfare or road." A public dedicated right-of-way which is used for the movement of goods and people, which may provide for vehicular and pedestrian access to abutting properties, which includes all lands between the right-of-way lines, and which may incorporate the curbs, sidewalks, landscaped areas, street pavement and berm. "Streets" shall be further designated and defined as follows:
A. "Alley." A minor street used primarily for vehicular service access to the back or side of properties abutting another street.
B. "Arterial street." A general term denoting a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
C. "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 to, and circulation routes within, a residential subdivision.
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. "Dead-end street." A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
F. "Half street." A street on which only one side has been dedicated to a governmental agency.
G. "Local street." A street primarily for providing access to residential, commercial or other abutting property.
H. "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.
(43) "Subdivider." See "developer".
(44) "Subdivision."
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 of land into parcels of five acres or larger 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 private streets serving industrial structures, and 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 sewers, storm water drainage or other public facilities.
(45) "Subdivision, minor." A division of a parcel of land that does not require a plat to be approved by the planning authority according to R.C. § 711.131. However, note City Charter, § 98.
(46) "Subdivision plat." The final map or drawing upon which the subdivider's plan for subdivision of land is presented to the City Planning Commission for approval.
(47) "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 physical conditions peculiar to the property and not as a result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(48) "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, landmarks or community facilities, in order to better locate and orient the area in question.
(49) "Walkway." A dedicated public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
(50) "Watershed." The drainage basin in which the subdivision drains, or that land whose drainage is affected by the subdivision.
(51) "Yard." 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 that accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
A. "Yard, front." 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. "Yard, rear." A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
C. "Yard, side." 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.
(Ord. 17-83, passed 6-6-1983; Ord. 13-2019, passed 7-15-2019)