(a) Interpretation of Terms or Words. For the purpose of these Regulations, certain terms or words used herein shall be interpreted as follows:
(1) The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(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 a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.
(4) The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied".
(5) The word "lot" includes the words "plot" or "parcel".
(b) Specific Definitions.
(1) "Alley". See "thoroughfare".
(2) "Building line". See "setback line".
(3) "Construction regulations" means any general specifications, detailed specifications, construction specifications and drawings adopted by the City of St. Clairsville.
(4) "Corner lot". See "lot types".
(5) "Covenant" means a written promise or pledge.
(6) "Cul-de-sac". See "thoroughfare".
(7) "Culvert" means a transverse drain that channels under a bridge, street or driveway.
(8) "Dead-end street". See "thoroughfare".
(9) "Developer" means 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 or for another.
(10) "Dwelling unit" means space within a building, comprising living, dining, sleeping room or rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(11) "Easement" means authorization by a property owner for use by another, and for a specified purpose, of any designated part of his property.
(12) "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
(13) "Improvements" means 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 matters normally associated with the development of raw land into building sites.
(14) "Lot" means 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, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. 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.
(15) "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.
(16) "Lot, minimum area of" means the area of a lot computed exclusive of any portion of the right of way of any public or private street.
(17) "Lot measurements". A lot shall be measured as follows:
A. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B. 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 building setback lines, provided, however, that the width between side lot lines at their foremost points, where they intersect with the street line, shall not be less than eighty percent (80%) of the required lot width.
(18) "Lot of record" means 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.
(19) "Lot types". Terminology used in these Regulations with reference to corner lots, interior lots and through lots is as follows:
A. A corner lot is defined as 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 at an interior angle of less than 135 degrees.
B. An interior lot is a lot other than a corner lot with only one frontage on a street.
C. A through lot is a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
D. A reversed frontage lot is 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.
(20) "Minor subdivision" means a division of a parcel of land that does not require a plat to be approved by a planning authority according to Ohio R.C. 711.131. Also known as "lot split".
(21) "Monuments" means 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.
(22) "Open space" means 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 Council deems permissive. Streets, structures for habitation and the like shall not be included from the development of the subdivision.
(23) "Pad" means a building site prepared by artificial means, including, but not limited to grading, excavation or filling, or any combination thereof.
(24) "Parking space, off-street" means a space consisting of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, located totally outside of any street or alley right of way.
(25) "Performance bond" or "surety bond" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(26) "Planned unit development" means an area of land, in which a variety of housing types and/or related commercial facilities are accommodated in a preplanned 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 subdivisions, such as building design principles and landscaping plans.
(27) "Plat" means the map, drawing or chart on which the developer's plan of subdivision (preliminary) is presented to the City Planning Commission for approval, and after such approval, to the County Recorder (final) for recording.
(28) "Public way" means 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.
(29) "Right of way" means 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 the topography or treatment, such as grade separation, landscaped areas, viaducts and bridges.
(30) "Setback line" means a line established by the Subdivision Regulations and/ or Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building other than accessory building or structure may be located above ground, except as may be provided in such codes. (See also "yards".)
(31) "Sewers, central or group" means 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.
(32) "Sewers, on-site" means 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 provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(33) "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic. (See also "walkway".)
(34) "Subdivider". See "developer".
(35) "Subdivision" means:
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 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 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 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 space 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 also "minor subdivision".)
(36) "Surveyor" means any person registered to practice surveying.
(37) "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:
A. "Level" means any land which has a cross slope range of four percent (4%) or less;
B. "Rolling" means any land which has a cross slope range of more than four percent (4%) but not more than eight percent (8%);
C. "Hilly" means any land which has a cross slope range of more than eight percent (8%) but not more than fifteen percent (15%);
D. "Hillside" means any land which has a cross slope range of more than fifteen percent (15%).
(38) “Thoroughfare”, “street”, or “road” means 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:
A. "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. "Arterial street" means a highway primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route.
C. "Collector street" means a thoroughfare, whether within a residential, 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.
D. "Cul-de-sac" means a local street or relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
E. "Dead-end street" means a street temporarily having one outlet for vehicular traffic and intended to be extended or continued in the future.
F. “Local street” means a street primarily for providing access to residential, commercial or other abutting property.
G. "Loop street" means 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 such arterial or collector street, nor normally more than 600 feet from each other.
H. "Marginal access street" means 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".)
(39) “Through lot”. See “lot types”.
(40) "Variance" means 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.
(41) "Walkway" means a dedicated public way four feet or more in width, for pedestrian use only, whether along the side of a road or not.
(42) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(43) "Yard" means 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, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
A. "Front yard " means 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. "Rear yard" means 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. "Side yard" means 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. 85-11. Passed 4-1-85.)