SUBDIVISION REGULATIONS:
Regulates the division of land, its planning and development into what is known as a subdivision:
§ 1244.02 Minor Subdivisions
§ 1244.03 Major Subdivisions
(a) DIVISION OF LAND THAT IS A SUBDIVISION.
(1) When a parcel of land shown as a unit or contiguous units on the last preceding tax rule is divided into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose, now or in the future, of transfer of ownership.
(2) Improvement of one or more parcels for residential and commercial or industrial structures involving the allocation of land for opening, widening or extending streets, except private streets for industrial structures.
(3) Division or allocation of land open spaces, for owners', occupants' or tenants' common use, or as easements for public sewer, water, storm drainage or other public facilities.
(b) DIVISION OF LAND THAT IS NOT A SUBDIVISION.
(1) Some divisions of land are not subdivisions.
(2) If a division of land is not a subdivision, then these Regulations do not apply and no plat is required.
(3) The following divisions are not subdivisions:
(a) Division of a parcel into two or more parcels, all of which are five acres or more, not involving new streets (public or private) or easements of access;
(b) Sale or exchange of parcels between adjoining landowners, if no additional building sites are created;
(c) Transfer of an existing piece of land as a whole that has been previously recorded by a metes and bounds description; and
(d) Normally, the transfer of a lot that is recorded as a lot in a major subdivision. The transfer of a part of such a lot will not be a subdivision, unless it is less than five acres and involves new streets (public or private) or easements of access, or unless it creates additional building sites and is not a sale or exchange between adjoining landowners.
(5) If the criteria for a minor subdivision are met, then no plat is required by the City Planning Commission. However, City Charter, § 98, requires a plat for any subdivision.
(6) If the criteria for a minor subdivision are not met, then the major subdivision requirements must be followed, unless a hardship exists to qualify for a variance.
(c) WHAT IS A MINOR SUBDIVISION?
(1) A. It is a division of land that:
1. Must be a division of a parcel along an existing public street;
2. Must not involve the opening, widening or extension of any street or road;
3. Must involve no more than five lots after the original tract has been completely subdivided; and
4. Must not be contrary to applicable platting, subdividing or zoning regulations.
B. Ohio R.C. 711.131 sets forth other requirements to be met by a minor subdivision.
(2) Keep these definitions in mind:
A. The full definition of a minor subdivision (above).
B. Original tract: A contiguous quantity of land held by one person or in common ownership, which land has not been platted by the existing owner. This means:
1. A tract can be original to one person and not to another.
2. "Original" does not mean initial source.
3. Subdivision through successive ownership is permitted.
(Based on O.A.G. Opinion 71-083)
(3) Completely subdivided: A tract that is divided into as many lots as the subdivider intends for the tract.
A. A specific subdivider may later decide to increase the number of lots in a subdivision, but to do so, assuming there are more than five lots as a result, it would be necessary to replat the original tract.
B. It is possible for a tract to be "completely subdivided" and then be further subdivided by a party who purchases or takes title to a parcel in a subdivision large enough to be divided.
(4) The Ohio Attorney General has concluded:
A. "Tract" means a contiguous quantity of land undivided by lot lines.
B. "Original" means a tract which has not been divided under its present ownership.
C. "Original tract" means a contiguous quantity of land held by one person or in common, which land has not been platted by the existing owner.
D. The phrase "involving no more than five lots after the original tract has been completely subdivided" applies only to the necessity for replatting to accomplish changes in an already subdivided tract.
EXAMPLES:
Example A.
Example B.
1. A owns 20 acres and sells four acres to B. (minor subdivision)
2. B divides the four acres into five lots.
a. Subdvision - Yes
b. Minor Subdivision - Yes
c. B is the original tract - not the A
Example C.
1. A owns 121 acres and sells as follows:
a. 1963 - 14 acres
b. 1964 - 19 acres
c. 1966 - 28 acres
d. 1969 - 44 acres
(none of these is a subdivision) each owner
2. A kept 15 acres and in 1972 wanted to sell off 1 acre from the 15-acre parcel.
a. A subdivision - yes
b. Is it a minor subdivision? Does it involved no more than five lots after the "original tract" has been "completely subdivided?" What is the "original tract" - 15 acres or 121 acres?
c. This would be a minor subdivision and 15 acres is the original tract.
Example D.
1. A owns 120 acres and sells 30 acres to B.
2. B divides the 30 acres into four lots (not a subdivision unless one or more is less than five acres. If so, then it is a minor subdivision.
3. B sells Lot No. 1 and keeps Lot No. 2, 3 and 4.
4. B then divides Lot Nos. 2, 3 and 4 each in half creating six new lots of 3.75 acres each. (This is a major subdvision.)
Example E.
1. A owns five acres and divides it into five parcels, the largest of which is 2-1/2 acres.
(A minor subdivision)
2. A sells the 2-1/2 acre parcel to B.
3. B then divides the 2-1/2 acres into five 1/2-acre parcels.
a. Is this a minor or a major subdivision? Minor.
b. What is the original tract? The 2-1/2 acres, not the five acres.
