(a) Interpretation. Words in these Land Planning and Subdivision Regulations are normally used in their ordinary English usage. Certain terms are, however, defined in this chapter and wherever used in these Regulations, they shall have the meaning as set forth in the sections and subsections of this chapter, except where the context clearly indicates a different meaning.
(b) General Terms.
(1) 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 such criteria or standard is desired and essential unless commensurate criteria or standards are achieved.
(2) All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(3) The phrase "used for" shall include "arranged for", "designed for", "intended for", "maintained for", or "occupied for".
(4) "Regulations" means the Subdivision Regulations of the City, being Title Four of Part Twelve of these Codified Ordinances.
(5) "Code" means the Planning and Zoning Code of the City, being Part Twelve of these Codified Ordinances.
(6) "Standard" means a test, measure, model or example of quantity, extent or quality.
(7) "Criterion" means a principle by which the planning of a development area shall be guided.
(8) "City" or "Municipality" means the City of Strongsville.
(9) "Commission" means the City Planning Commission.
(10) "Council" means the legislative body of the City.
(11) "Commissioner" means the Building Commissioner of the City.
(12) "County" means the County of Cuyahoga, Ohio.
(13) "Engineer" means the Engineer of the City.
(14) "Person" means an individual, firm, association, corporation, trust or any other legal entity, including his or its agents.
(15) "Developer" means a person commencing proceedings under this Code to effect the development of land for himself or for another.
(c) Specific Terms.
(1) Grades.
A. "Established street grade" means the elevations established by the Engineer, at the roadway, center line or curb in front of the lot.
B. "Natural grade" means the elevation of the undisturbed natural sur face of the ground prior to any excavation or fill.
C. "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(2) Lot, parcel and land.
A. "Lot" means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded survey map or by metes and bounds.
B. "Lot of record" means land designated as a separate parcel on a plat map or deed in the records of Cuyahoga County, Ohio.
C. "Corner lot" means a lot abutting on two streets at their intersec tion, if the interior angle of intersection is not more than 135 degrees.
D. "Lot line" means the boundary of a lot separating it from adjoining public, common or private land, including a public street.
E. "Front lot line" means the lot line separating an interior lot from the street upon which it abuts; or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, it shall be construed as synonymous with "street line".
F. "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line.
G. "Side lot line" means a lot line which is neither a front nor rear lot line.
H. "Lot depth" is the mean horizontal distance of a lot measured between the front and rear lot lines.
I. "Lot width" means the horizontal distance of a lot measured along the building line at right angle to the mean lot depth line. Width at front lot line is measured along the street line.
J. "Area of lot" means the total horizontal area within the boundary lines of a lot.
K. "Building line" means a line established by the Zoning Code, 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 such Code.
L. "Private land" means land in a subdivision or development area which shall be adjoining, attached and assigned to a one-family, two-family or townhouse dwelling, to be held as an open space in ownership with the dwelling in the subdivision or development area, and which shall be identified as such on subdivision and development plans submitted to the City.
M. "Common land" means land in a subdivision or development area not owned as private land or occupied by dwellings created for common usage by restrictions, easements, covenants or other conditions running with the land, and which is held for the use and enjoyment by or for the owners or occupants of the dwellings in a subdivision or development area.
N. "Homes association" means a nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member, and each lot is subject to charges for a proportionate share of the expenses for the organization's activities such as maintaining the common property.
(3) Maps, plans and plats.
A. "Map" means a drawing showing geographic, topographic or other physical features of the land.
B. "Plan” means a drawing of a proposed design or of work to be performed.
C. "Plat" means a map of a lot, parcel, subdivision or development area on which the lines of each element are shown by accurate distances and bearings.
D. "Comprehensive Plan" means the plan and statement of the objectives and recommendations prepared by or for the Planning Commission and adopted by it, indicating the general location and extent of desirable future land development, community facilities and street plans for the City.
E. "Community Facilities Plan" means the plan and recommendations prepared by or for the Planning Commission and adopted by it, indicating the location and extent of existing and planned parks, playgrounds, public land and buildings and other public facilities for the City adopted separately or as a part of the Comprehensive Plan.
F. "Major Thoroughfare Plan" means the plan and recommendations prepared by or for the Planning Commission and adopted by it, indicating the general location and extent of existing and planned streets and other transportation facilities for the City, adopted separately or as a part of the Comprehensive Plan.
G. ''Official map" means any zone map adopted by Council, together with modifications thereof or amendments thereto, and any map prepared by or for the Planning Commission and adopted by Council, which shows the accurate location of the lines of existing streets, streets shown on adopted mapped street plats, streets shown on lawfully recorded subdivision plats, existing public open spaces and proposed streets and public open spaces which are in conformity with the Comprehensive Plan.
H. "Preliminary plat" means a drawing prepared by a developer indicating the proposed layout of streets, lots, utilities and other features of a proposed subdivision in relation to existing conditions, including topography submitted to the Planning Commission for the purpose of obtaining approval for a proposed subdivision of land, which, if approved by the Commission, provides the basis for proceeding with the preparation of the final plat of a subdivision.
I. "Final plat" means the final plat for record prepared by a developer based upon the approved preliminary plat of a proposed subdivision, which consists of detailed drawings, specifications, cost estimates and agreements for the construction of the site improvements which is presented to the Planning Commission for final approval and to Council for acceptance of dedications, and thereafter to the County Recorder for recording.
(4) Minimum standards and improvements.
A. "Minimum standards" means the details of construction, design and specifications, including construction methods and materials and design criteria, approved by the Planning Commission and adopted by separate ordinance by Council, which are required for all improvements, including storm sewers and other drainage facilities, sanitary sewers, pavement, curbing, gutters, headwalls, culverts, sidewalks and appurtenances to each, constructed and installed in any public or private place in the Municipality.
B. "Improvements" means street pavements, with or without curbs or gutters, sidewalks, water mains and appurtenances related thereto, sanitary and storm sewers and appurtenances related thereto, street trees, structures, equipment and landscaping in common areas and sites, as submitted to and approved by the City in accordance with Section 1232.08, and other appropriate items.
(5) Streets. "Street" means a public way for purposes of vehicular travel including the entire area within the rights of way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Streets shall be classified and further defined as follows:
A. "Freeway" means a divided arterial highway for through traffic to which access from the abutting properties is prohibited and all street crossings are made by grade separated intersections.
B. "Major arterial street" means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts.
C. "Industrial street" means a street designed and constructed to serv ice both truck and bus movements within an industrial area. Abutting property will have free access; on-street parking and loading is prohibited.
D. "Collector street" means a street located outside or bounding neigh borhoods supplementary to and connecting the major arterial street system to local collector streets.
E. "Local collector street" means a street which collects internal traffic movements within a large subdivision or neighborhood and connects such areas with the collector and/or major arterial street system.
F. “Local street” means a street, primarily for access to abutting residential properties and to serve local needs.
1. "Cul-de-sac" means a street, one end of which connects with another street and the other end of which is a dead end which allows space for turning of vehicles.
2. "Marginal access street" means a local street providing access to lots which abut or are adjacent to a limited-access highway or major street.
G. "Private street" means a street held in private ownership.
H. "Street line" means the street right-of-way line.
I. "Right of way" means all of the land included within an area which is dedicated, reserved by deed or granted by easement for street purposes.
1. "Roadway" means that portion of a right of way available for vehicular travel, including parking lanes.
2. "Tree lawn" means that portion of a right of way lying between the exterior line of the roadway and the outside right-of-way line.
J. "Sidewalk" means that portion of the street right of way, outside the roadway not including tree lawn or planting strip which is paved for use by pedestrians.
K. Other rights of way as follows:
1. "Pedestrian way" means a public or private right of way solely for pedestrian circulation.
2. "Easement" means the right of a person to use common land or private land owned by another for a specific purpose.
(6) Subdivision. The term "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 purpose, whether immediate or future, of transfer of ownership. However, 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; and
B. The improvement of one or more parcels of land for residential, commercial or industrial purposes 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.
(Ord. 2005-161. Passed 11-21-05.)