Subdivision Regulations (2008) - County Commissioners ...

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and 5 acres, "the rules shall state that the proposed division (of parcels between 4 and5 acres) shall not be considered a subdivision for the purposes of division (B)(1) ofSection 711.001 of the Revised Code and need only be approved as specified inDivision (A) of this Section (ORC 711.133) and the rules adopted under this section."In addition, the rules adopted under ORC Section 711.133 "shall exempt from theapproval requirements of this section parcels of land to be used only for agricultural andpersonal recreational purposes." This portion of the bill was one of the compromisesthat CCAO accepted during the process of passing the bill, and will be discussed ingreater detail later.The approval process of parcels subject to Large Lot Development Rules is similar tothe process for the approval of Minor Subdivisions under ORC Section 711.131. Inorder for the lot to be subject to approval under the Large Lot Development Rules, thefollowing must apply:1. The proposed division must be along an existing public street;2. The proposed division must not involve the opening, widening, or extension ofany street or road; and3. The proposed division must involve the establishment of a lot within the acreagerange that is specified in the Large Lot Development Rules.4. Once it is determined that the lot is subject to approval pursuant to the Large LotDevelopment Rules as specified above, the administrative official must determinethat the proposed division is not contrary to applicable:a. Zoning.b. Health.c. Sanitary.d. Access management regulations (See ORC Chapter 5552).e. Building code regulations pertaining to existing surface and subsurfacedrainage (See ORC 307.37(B)(3)).f. Rules governing household sewage treatment systems, andg. Rules that regulate lot frontage and width-to-depth ratios.As is the case for Minor Subdivisions, Large Lot Developments are submitted to theadministrative official designated in the Large Lot Development Rules for approvalwithout a plat in accordance with ORC Section 711.133. No public hearings are14
equired. As is the case for Minor Subdivisions, the statute allows for the submission ofa sketch and other information that is pertinent for determining if the parcel should beapproved.The administrative official must stamp the conveyance "approved by (planning authority)no plat required" and have it signed by the administrative official. We suggest that thestamp actually read, "approved by (planning authority); no plat required under R.C.711.133."It is also suggested that approvals of Minor Subdivisions be stamped "approved by(planning authority); no plat required under R.C. 711.131” in an effort to distinguish thetwo types of approvals without a plat. Likewise, those parcels that are within the rangespecified in the Large Lot Development Rules which are exempt under the agriculturaland personal recreational purposes exemption should be stamped "no approval or platrequired under R.C. 711.133; for agricultural or personal recreational use only."88.21 LARGE LOT DEVELOPMENT REGULATIONS PERTAINING TO LOTFRONTAGE AND WIDTH TO DEPTH RATIOSAs was mentioned in a previous section, one of the criteria for the approval of lotssubject to Large Lot Development Rules is compliance with lot frontage requirementsand width-to-depth ratios. It should be noted that Division (B) of ORC Section 711.133specifically authorizes the Large Lot Development Rules to regulate lot frontage andwidth-to-depth ratios for lots approved under this new authority.In addition, the statute provides that these lot frontage requirements or width-to-depthratios apply to parcels approved under the Large Lot Development Rules only if "there isno applicable zoning regulation for lot frontage or width-to-depth ratios that apply to theparcel." Thus, if county or township zoning is in effect and the zoning resolution containslot frontage or width-to-depth ratios, these take precedence over those included in theLarge Lot Development Rules irrespective of whether the requirements in the zoningresolution are more or less stringent than those established by the Large LotDevelopment Rules.88.22 SPECIAL PROVISIONS FOR PARCELS EXEMPT FROM LARGE LOTDEVELOPMENT RULES BECAUSE THEY ARE TO BE USED ONLY FORAGRICULTURAL OR PERSONAL RECREATIONAL PURPOSESTo review previous sections, Large Lot Development Rules must "exempt from theapproval requirements of this section parcels of land to be used only for agricultural andpersonal recreational purposes" (ORC 711.133(C)). In this case the statute providesthat the administrative officer is to stamp the conveyance "no approval or plat requiredunder R.C. 711.133; for agricultural and personal recreational use only."While the statute is silent on how a determination is made if a parcel qualifies for theagricultural and personal recreational use exemption, it does specify that parcels15
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Page 4 and 5: 3. An informal hearing is held by t
Page 6 and 7: 3. Planning commission adopts amend
Page 8 and 9: industrial parks to be subdivisions
Page 10 and 11: law may require amendments to the s
Page 12 and 13: authority); no plat required." With
Page 16 and 17: exempted under this provision shall
Page 18 and 19: submitted with the deed for transfe
Page 20 and 21: A city or village also may adopt re
Page 22: ORC Section 319.203.Likewise, it mi

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