Anna City Zoning Code
GENERAL REGULATIONS
§ 153.001 TITLE AND ENACTMENT.
(A) These zoning regulations are adopted by Ordinance 1227-98 passed January 12, 1999 and became effective February 12, 1999.
(B) The purpose of these regulations is to ensure orderly development within the village by regulating, restricting, and limiting the location and use of buildings, structures and land for trade, industry, residential or other purposes; by regulating, restricting, and limiting the height and size of buildings and structures; by providing a method of administration and enforcement; and by prescribing penalties for violation of these regulations.
(Ord. 1227-98, passed 1-12-1999
; Am. Ord. 1574-11, passed 6-14-2011)
§ 153.002 AREA OF JURISDICTION.
The provisions of these regulations shall apply to all of the incorporated territory of the Village of Anna, Ohio, and to territory subsequently annexed to the village.
(Ord. 1227-98, passed 1-12-1999)
§ 153.003 OFFICIAL ZONING DISTRICT MAP.
(A) The official zoning district map is an integral part of these regulations.
(B) The official zoning district map, and all notations and references and other matters shown thereon, shall be and is hereby made part of these regulations and shall carry the same force and effect as the balance of the material contained herein.
(C) In the event an inconsistency should exist between the notation of references shown on the official zoning district map and the legislative action of the Village Council, the legislative action of Village Council shall control.
(Ord. 1227-98, passed 1-12-1999)
§ 153.004 INTERPRETATION AND PURPOSES.
In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general health. Except as provided in § 153.016 of these regulations, these regulations shall not repeal, abrogate, annul or in any other way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. Where these regulations impose a greater restriction upon the use of buildings or premises or upon the height of buildings or require larger lots or yards than are imposed or required by existing provisions of law or ordinance by rules or regulations the provisions of these regulations shall control.
(Ord. 1227-98, passed 1-12-1999)
§ 153.005 ESTABLISHMENT OF DISTRICTS.
For the purpose of regulating and restricting the location of buildings, other structures and premises to be used for trade, industry, residence or other specified uses; regulating the location of buildings and other structures hereafter erected or altered, setback building lines and the area of yards, courts and other open spaces; and regulating and limiting the height of buildings and other structures hereafter erected or altered, the Village of Anna may be divided into zoning districts. The official zoning district map shall be an integral part of these regulations, and no structures shall be erected, nor shall any land be used, except in conformity with the regulations for the district in which the land is located.
(Ord. 1227-98, passed 1-12-1999)
§ 153.006 RULES FOR OFFICIAL ZONING DISTRICT MAP INTERPRETATION.
(A) It is the intent of these regulations that the entire area under the jurisdiction of the Village of Anna zoning, including all land, water areas, streets, alleys, railroads and other rights-of-way, be included in the districts established by these regulations.
(B) When definite distances in feet are not shown on the official zoning district map, the district boundaries on the official zoning district map are intended to be along the centers of existing streets or alleys, or along property lines or extensions of or from the same. If the exact location of the line is not clear, it shall be determined by either supplemental detail drawings or by rules of interpretation adopted by the concurring vote of a majority of the Board of Zoning Appeals.
(C) When the streets or alleys on the ground differ from the streets or alleys shown on the official zoning district map, the Board of Zoning Appeals may apply the district designations on the map to the property on the ground in a manner as to conform to the intent and purposes of this section in the judgment of the Board of Zoning Appeals.
(Ord. 1227-98, passed 1-12-1999)
§ 153.007 RULES FOR TEXT INTERPRETATION OF ZONING REGULATIONS.
(A) In the interpretation of the text, the rules of interpretation contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
(B) The following rules apply to the text.
(1) The particular shall control the general.
(2) In the case of any difference of meaning or implication between the text and any caption or illustration, the text shall control.
(3) The words WILL and SHALL are mandatory. The word MAY is permissive.
(4) Words used in the present tense include the future, words used in the singular number shall include the plural, and words used in the plural number shall include the singular, unless the context clearly indicates the contrary.
(5) The phrase USED FOR includes arranged for, designed for, intended for, maintained for or occupied for.
(Ord. 1227-98, passed 1-12-1999)
§ 153.008 REQUIRED CONFORMANCE.
Except as hereinafter specifically provided:
(A) No land shall be used except for a use permitted in the zoning district where it is located, or for a use conditionally permitted and subject to the granting of a conditional use by the Board of Zoning Appeals. There shall be only one type of use (i.e., residential, commercial, industrial, and the like) per lot unless a conditional use permit is granted by the Board of Zoning Appeals to allow more than one type of use.
(B) No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted or conditionally permitted in the district in which the building or structure is located.
(C) Every building or structure hereafter erected or altered shall be located on a lot as herein defined. No more than one principal building per lot shall be permitted except as otherwise permitted by these regulations. No more than two accessory uses, buildings, and structures shall be permitted on any lot.
(D) No lot shall be established which does not conform and meet the requirements of these regulations.
(E) No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make an area or dimension less than the minimum required by these regulations; and, if already less than the minimum required by these regulations, the area or dimension shall not be further reduced. No part of a yard, court, parking area or other space provided about, or for, any building or structure for the purpose of complying with the provisions of these regulations shall be included as part of a yard, court, parking area or other space required under these regulations for another building or structure.
(F) Where lots have frontage on more than one street, the required front yard setback shall be observed on all lot boundaries having street frontage.
(G) No accessory buildings or structures shall be located in the front yard of any lot.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.009 REGULATIONS NOT RETROACTIVE.
Except as otherwise specified in these regulations, any use, lot, building or structure that exists as of the enactment date of these regulations, or any amendment thereof, may be continued even though the use, lot, building or structure may not conform to the provisions of the zoning district where it is located. The provisions for nonconforming uses shall apply.
(Ord. 1227-98, passed 1-12-1999)
§ 153.010 REGULATION OF NONCONFORMITIES.
(A) Nonconforming uses, buildings, and structures include uses, buildings, or structures that were lawfully existing prior to the adoption of these regulations, or any amendment thereto and which are prohibited or further restricted as a result of the provisions adopted in these regulations.
(B) (1) A nonconforming use, building, or structure may be changed to another nonconforming use, building, or structure only by the Board of Zoning Appeals.
(2) The Board of Zoning Appeals may permit substitution of a new nonconforming use, building, or structure in place of an existing nonconforming use, building, or structure provided the Board of Zoning Appeals determines that any changes will be less detrimental to the neighborhood than the existing use.
(C) Any nonconforming use of land that is discontinued for a period of 12 months or more, shall not thereafter be returned to a nonconforming use.
(D) Any nonconforming use superseded by a permitted use within the zoning district where it is located shall thereafter be in conformance with these regulations, and the previous nonconforming use shall not be resumed.
(E) No nonconforming use, building, or structure shall be enlarged, extended, reconstructed or structurally altered except as pursuant to the provisions of these regulations.
(F) No nonconforming building or structure shall be moved in whole or in part to any other location unless the building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the zoning district in which the building or structures are to be located.
(G) Any nonconforming building or use of land destroyed by natural causes (fire, flood, earthquake, tornado, or the like) to the extent of more than 60% of its replacement value shall not be resumed or reconstructed. The remains of any building or structure shall be razed as soon as possible. Any subsequent use of the land shall be in conformance with these regulations. Replacement value shall be based upon the reproduction cost of the building, structure or use prior to the calamity and determined by the Zoning Administrator. In case of any uncertainty about the replacement value of a particular building, structure or use, the determination of the Board of Zoning Appeals or their designated representative shall be final.
(H) Nothing in these regulations shall grant legal nonconforming use status to a use that existed unlawfully prior to the enactment of these regulations.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.012 ESSENTIAL SERVICES.
(A) Public utilities, facilities, and structures shall be classified either as primary utilities or secondary utilities. The term public means the utility serves more than one lot or customer.
(B) Primary utilities include facilities and structures which, due to their relatively large size, height, noise of operation, generation of odors, or other factors, could disrupt or diminish the use or enjoyment of surrounding properties. Primary utilities typically include the source of generation or the final destination of the utility which can stand apart from the individual customers or lots which it serves and is typically distributed by secondary utilities. Primary utilities include, but are not limited to, wastewater treatment plants, water treatment plants, water towers, electrical substations, electrical generating facilities, telecommunications towers, and any facility of a height greater than 45 feet (except for utility poles and flag poles) or a size greater than 500 square feet.
(C) Secondary utilities include facilities and structures, which, due to their relatively small size, are unobtrusive and do not typically disrupt the use or enjoyment of surrounding properties. Secondary utilities typically include the distribution system of the utility, which must be in direct contact with or in the immediate vicinity of the customers or lots which it serves, and is fed by or feeds to the primary utility. Secondary utilities include, but are not limited to, distribution structures such as pipes and wires, small structures such as hydrants, valves, electrical boxes, and utility poles of 45 feet in height or less.
(D) The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement of any building or structure of any secondary utility shall be permitted in any zoning district provided every effort is made to protect the character and general welfare of the zoning district.
(E) The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any primary utility shall be in conformance with the requirements of the zoning district in which it is located.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.013 INVALIDITY OF A PART.
If any chapter, section, subsection, paragraph, sentence, clause or phrase of these regulations is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, the unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining chapters, sections, subsections, paragraphs, sentences, clauses or phrases of these regulations since the same would have been enacted without the unconstitutional or invalid chapter, section, subsection, paragraph, sentence, clause or phrases.
(Ord. 1227-98, passed 1-12-1999)
§ 153.014 APPLICABILITY.
These regulations shall apply to all land, every structure and every use of land or structures except for those uses specifically mentioned in § 153.010, as required by the Ohio Revised Code.
(Ord. 1227-98, passed 1-12-1999)
§ 153.015 MISCELLANEOUS PROVISIONS.
(A) Street frontage required. All lots created after the adoption of these regulations shall have frontage on a dedicated street of 50 feet.
(B) Sight triangle. A sight triangle, defined as that area from the intersection point of two street rights-of-way on the lot to a point 20 feet back from this intersection point on the lot lines, shall be required on corner lots at all street intersections in all districts. Visibility between two and ten feet above the plane of established grades of the street within the sight triangle shall be clear of landscape materials, vehicles, fences, signs, parking, or any other view-obstructing structures with the exception of required traffic control devices, and utility poles. Trees shall be permitted in the sight triangle as long as only the trunk is visible within ten feet above the ground, except during early growing stages. In the event street corners are of the radius type, then the rights-of-way shall be projected to a point that they intersect. This point shall be referred to as the intersection point.
(C) Unsafe buildings. Nothing in these regulations shall prevent the strengthening or restoring to a safe condition of any part of any building or structure.
(D) Height limitation exceptions. The height limits of these regulations shall not apply to projections such as antennae, aerials, steeples, chimneys, flagpoles, and the like that are attached to a structure, provided the height of the projection is less than 20 feet above the highest point of the structure to which it is attached.
(E) Annexed land. When land is annexed to the Village of Anna, the applicable township zoning regulations then in effect shall remain in full force and shall be enforced by the township officials until a time as the village shall approve a zoning district for the annexed land.
(F) Vacation of public right-of-way. Whenever any street, alley, railroad right-of-way, or other public right-of-way is vacated by official action of the Council, the zoning district adjoining each side of the street, alley, railroad right-of-way, or other public right-of-way shall be automatically extended to the center of the vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all the vacated area.
(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1574-11, passed 6-14-2011)
Penalty, see § 153.999
§ 153.016 REPEAL OF EXISTING ORDINANCES.
Ordinance 1168-97, passed October 1997, is hereby repealed. Any violation of the regulations set forth in the former ordinance, on the effective date of this chapter, shall be enforced under the former ordinance. These regulations shall become effective from and after the date of their approval and adoption, as provided by law.
(Ord. 1227-98, passed 1-12-1999)