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(a) For the purpose of these Regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section.
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words in the plural number includes the singular; the word "herein" means "in these Regulations"; and the word "Regulations" means "these Subdivision Regulations".
A "person" includes a corporation, a partnership, and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure"; and "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
(b) As used in this chapter:
(1) "Access, street" ("street access") means an improved public right-of-way extending contiguously along or through a subdivision so as to provide frontage (as defined elsewhere in this section) for existing and proposed parcels, lots or tracts in accordance with the provisions of the Zoning Code and these Regulations.
(2) "Alley" means a public right-of-way less than twenty-one (21) feet in width between property lines, which provides secondary public vehicular access to adjacent properties.
(3) "Applicant" means the owner of land proposing a subdivision and/or their authorized agent or representative. May also be referred to as "developer" or "subdivider".
(4) "Arterial street." See "Street, Thoroughfare."
(5) "Block" means a parcel of land bounded on all sides by a street or streets, railways or water routes.
(6) "Building setback" means
A. Front. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the right- of-way.
B. Side. The line nearest each side of a lot and alongside property lines establishing the minimum open space to be provided between the side facade of a building or structure and the nearest property line.
C. Rear. The line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of a building or structure and the rear property line.
(7) "Commission" means the City of Sidney Planning Commission which may also be referred to as the Planning Commission.
(8) "Comprehensive Plan" means the 1997 Comprehensive Plan and any update or amendment thereto.
(9) "Council" means the City Council of Sidney, Ohio and may also be referred to as City Council.
(10) "County" means Shelby County, Ohio.
(11) "Cul-de-sac" means a short, minor street, having but one open end for motor traffic, the other being permanently terminated by a circular vehicular turn-around.
(12) "Easement" means a grant for a specific purpose, consisting of a strip or parcel of land by a property owner to the City, the general public, a corporation or a certain person.
(13) "Frontage" means the portion of a lot, parcel or tract adjacent to a public right-of-way, except that portion adjacent the stub end of a discontinued or dead end street, or that portion adjacent an alley.
(14) "Improvements, public" ("public improvements") means street pavement, curb and gutter, sidewalks, sanitary sewer, storm sewer, water mains, street lights and other installations as may be required for use and benefit of the general public for which the City may ultimately assume the responsibility for maintenance and operation.
(15) "Lot" means a parcel, tract or area of land occupied or intended to be occupied by a principal building, group of such buildings and accessory buildings; to be utilized for a principal use or uses and uses accessory thereto, together with such open spaces, frontage and minimum dimensions as required in the Zoning Regulations or elsewhere in these Regulations.
(16) "Lot, corner ("corner lot") means a lot abutting upon two or more streets at their intersection or upon two parts of the same street.
(17) "Lot, double frontage" ("double frontage lot") means a lot, opposite ends of which abut on streets.
(18) "Lot, width" means the distance between the side lot lines at the front of the building measured at right angles to the depth of the lot.
(19) "Out lot." See "lot".
(20) "Pedestrian way" means a right-of-way, publicly or privately owned, five (5) feet or more in width, which cuts across a block in order to improve pedestrian access to adjacent streets or properties and for placement of utilities and drainage facilities.
(21) "Performance surety" means a bond, irrevocable letter of credit, cash escrow, or other similar City-approved means of assurance of the completion of improvements according to plans and specifications as approved by the City within the time limits specified in these Regulations.
(22) "Plat, final" ("final plat") means a map or drawing of a subdivision as approved by the City in accordance with these Regulations which is in a format suitable for recording in Shelby County.
(23) "Plat, preliminary" ("preliminary plat") means a tentative map or drawing of a proposed subdivision submitted for review by the Planning Commission in accordance with the provisions of these Regulations. Such proposed subdivision is subject to modification or other requirements as may be stipulated.
(24) "Protective covenant" means a restriction on the use of all private property within a subdivision, to be set forth on the plat and/or incorporated in each deed, for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.
(25) "Public improvement acceptance." Public improvements shall be considered accepted when the City Engineer receives one set of reproducible, record drawings and the City releases the maintenance surety.
(26) "Public improvement approval." Public improvements shall be considered approved once they have been inspected by City Engineering Department, the developer has posted a maintenance surety, and the City has released the performance surety.
(27) "Right of way" means any strip or area of land, including surface, overhead, and/or underground, granted by deed or easement or dedication to the public for the construction and maintenance of roadways, sidewalks, electrical transmission lines, oil or gas pipelines, water mains, sanitary and storm sewer mains, drainage and irrigation canals/ditches, or for other special uses. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of- way and not included within the dimensions or areas of such lots or parcels.
(28) "Sidewalk" means an improved concrete strip of land running parallel with a roadway, generally located between the edge of roadway pavement and the right-of-way line, that provides pedestrian access along the block frontage.
(29) "Street" means a public right-of-way, other than an alley, affording primary access by vehicles or pedestrians, or both, to abutting properties, whether designated as a street, highway, thoroughfare, road, avenue, boulevard, place or court.
(30) "Street, collector" ("collector street") means streets that conduct traffic between thoroughfares (arterials) and local streets and when necessary provide access to adjacent land. Traffic volume for collector streets is classified as medium level by Engineering Standards and these roadways are identified in the Transportation Section of the Comprehensive Plan.
(31) "Street, local" ("local street") means those streets which are used primarily for access to abutting properties and for local traffic movement. Traffic volume for local streets is classified as low level by Engineering Standards.
(32) "Street, thoroughfare" ("thoroughfare street") means those streets, roads or highways connecting major activity centers and/or points of high traffic generation. Thoroughfares are divided into two types: Main and Secondary. Traffic volume for these roadways is classified as high level by Engineering Standards and these roadways are identified in the Transportation Section of the Comprehensive Plan. Such street may also be referred to as arterials.
(33) "Subdivision" means the division of any parcel of land, including frontage along an existing street or highway, into two (2) or more lots or parcels for the purpose of immediate or future sale, transfer or ownership or building development, including all changes in street or lot lines, provided, however, that divisions of land into parcels of more than five acres, not involving any new streets or easements of access, shall be exempted.
(34) "Subdivision, major" ("major subdivision") means the division of the "original parcel", as defined in subsection (b)(20) hereof, into more than five parcels, lots, or tracts, or the division of land including the plotting or dedication of any new street or street extension by length or width.
(35) "Subdivision, minor" ("minor subdivision") means the division of the "original parcel", as defined in subsection (b)(20) hereof, into five or less parcels, lots or tracts with frontage on an existing public roadway or street and not involving any opening, widening or extension of any street or roadway.
(36) "Zoning" means regulation by districts of the height, area and use of building, and/or the use of land.
(Ord. A-2137. Passed 8-24-98.)