(1) "Alley." See "Thoroughfare."
(2) "Block" means a unit of property entirely surrounded by public highways and streets, railroad rights of way, waterways, or other barriers, or combination thereof.
(3) "Board of Zoning Appeals" means the Board of Zoning Appeals of the Municipality.
(4) "Council" means the Council of the Municipality.
(5) "Comprehensive Plan" means a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general locations and extent of present and proposed residential development and housing, commercial and industrial development, thoroughfares and community facilities. This plan establishes the goals, objectives, and policies of the community and includes the Official Land Use Plan, the Official Thoroughfare Plan and the Community Facilities Plan for Union.
(6) "Corner lot. " See "Lot Types."
(7) "Covenant" means a written promise or pledge.
(8) "Cul-de-sac." See "Thoroughfare."
(9) "Culvert" means a transverse drain that channels under a street or driveway.
(10) "Dead -end street." See "Thoroughfare."
(11) "Density" means a unit of measurement; the number of dwelling units per acre of land.
(12) "Developer." See "Subdivider."
(13) "Dwelling unit" means space, within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
(14) "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(15) "Enforcement Officer" means the officer designated and authorized by Council to administer and enforce these Subdivision Regulations.
(16) "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. Chapter 4733.
(17) "Final plat" or "record plan" means the final map of all or a portion of the subdivision which together with the construction drawings is presented to the Planning Commission for final approval in accordance with these regulations, and which, if approved, shall be filed with the County Recorder of Montgomery County, Ohio.
(18) "Improvements" means street pavement or resurfacing, curbs and gutters, sidewalks, water lines, sanitary sewer lines, storm sewers, 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.
(19) "Jurisdictional area" means the incorporated land area within the corporate limits of the Municipality.
(20) "Location map" means 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 land uses, thoroughfares and community facilities and services within the Municipality in order to better locate and orient the subdivision in question.
(21) "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.
(22) "Lot frontage" means the portion of the lot 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.
(23) "Lot, minimum area of." The area of a lot is computed exclusive of any portion of the right of way of any public or private street.
(24) "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 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 sixty percent (60%) of the required lot width.
(25) "Lot of record" means a lot which is part of a subdivision recorded in the office of the Montgomery County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(26) "Lot types." Terminology used in these regulations with reference to corner lots, interior lots and through lots is as follows:
A. "Corner lot" means 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. "Interior lot" means a lot other than a corner lot with only one frontage on a street.
C. "Through lot" means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as a double frontage lots.
D. "Reversed frontage lot" means 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.
(27) "Maintenance bond" means an agreement by a subdivider or developer with the Municipality for ten percent (10%) of the amount of the estimated construction cost guaranteeing the conveyance of improvements as required in these regulations to the Municipality in good order according to plans and specifications outlined in these regulations, and further, guaranteeing that such conveyance of improvements for Municipality acceptance will be contingent upon durability during a one year time period following acceptance of improvements by the Municipality, during such time as the developer will assume responsibility for maintaining improvements in the condition under which they were conveyed to the Municipality as long as such conveyance was made in accordance with the standards outlined herein.
(28) "Monuments" mean permanent concrete or iron markers used to establish definitely specified lines or boundaries within the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.
(29) "Official Thoroughfare Plan" means the plan map and text entitled "Official Thoroughfare Plan" formally adopted by the Planning Commission and Council indicating the general location recommended for State highways, primary and secondary thoroughfares and collector and local streets within the corporate limits of the Municipality and within the Union Planning Area.
(30) "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, neighborhood and community parkland, swimming pools, tennis courts, and other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included.
(31) "Ordinance" means the Subdivision Regulations.
(32) "Performance bond" means an agreement by a subdivider/or developer with the Municipality for the amount of the estimated construction cost guaranteeing the completion of all required public improvements according to plans and specifications within the one year time period prescribed by the subdivider's agreement or posting cash in the amount of the estimated construction cost at the subdivider's or developer's option.
(33) "Planned unit development" means an area of land, in which a variety of housing types are accommodated in a pre-planned 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 subdivision, such as building design principles, and landscaping plans.
(34) "Planning Commission" means the Planning Commission of the Municipality.
(35) "Plat" means the map, drawing, or chart on which the developer's plan of subdivision (preliminary) is presented to the Planning Commission for approval and, after such approval, to the Montgomery County Recorder (final) for recording.
(36) "Preliminary plat" means a tentative proposal for the subdivision of land under the regulations specified by these regulations, submitted in map form to the Planning Commission and supplemented with such other submissions as specified herein for its consideration according to the procedures specified herein.
(37) "Record plan." See "Final plat."
(38) "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.
(39) "Sanitary sewers" means an approved public sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for the Municipality.
(40) "Setback line" means a line established by these regulations and the 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 Yard.)
(41) "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic.
(42) "Storm sewers" means an approved public storm sewer system which provides for the collection of surface water and its discharge into local area drainageways.
(43) "Subdivider" means any individual, property owner, subdivider, developer, builder, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these Subdivision Regulations to effect a subdivision of land or the improvement of heretofore unimproved land for himself or for another.
(44) "Subdivision" means 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 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 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 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.
(45) “Surveyor” means any person registered to practice surveying by the State Board of Registration as specified in Ohio R.C. Chapter 4733.
(46) "These regulations" means the Subdivision Regulations of the Municipality.
(47) "Thoroughfare, street or road" means the full width between property lines bounding every public way 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. "Primary thoroughfare" means a general term denoting a thoroughfare primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route, but also carrying a certain level of cross-town traffic.
C. "Secondary thoroughfare" means a thoroughfare primary for cross-town traffic but also carrying a certain level of through traffic.
D. "Collector street" means a street, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local access streets to primary and secondary thoroughfares, including the principal entrance and circulation routes within residential subdivisions.
E. "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
F. "Dead-end street" means a street temporarily having one outlet for vehicular traffic and intended to be extended or continued in the future.
G. “Local access street” means a street primarily for providing access to residential, commercial, or other abutting property.
(48) "Through lot." See "Lot types."
(49) "Variance" means a modification of the strict terms of these 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.
(50) "Engineer" means that person designated by Council to fulfill the requirements of these regulations, in the professional manner prescribed herein.
(51) "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. "Yard, front" 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. (Ord. 333. Passed 12-10-73.)