For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. Any building incidental and subordinate in area, extent or purpose to the principal building or use of the lot on which it is located.
ACCESSORY STRUCTURE. Any structure incidental and subordinate in area, extent or purpose to the principle building or use of the lot on which it is located.
ACCESSORY USE. Any use of a lot, building, or structure incidental and subordinate in area, extent or purpose to the principal use of the lot, building, or structure it serves.
ADULT ENTERTAINMENT FACILITY. A facility with a business defined as follows.
ADULT BOOK STORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. A commercial establishment which devotes a significant portion of its interior business or advertising (25% or more of its retail floor space) to the sale or rental, for any form of consideration, or any one or more of the following:
(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” as defined herein; or
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude or semi-nude; live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities,” or films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
ADULT MOTEL. A motel, hotel, or similar commercial establishment which offers public accommodation, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, videos cassettes, slide, or other photographic reproductions which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slide, or similar photographic reproductions which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities” are shown for any form of consideration.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for any form of consideration.
MASSAGE PARLOR. Any place where, for any form of consideration, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with “specified sexual activities,” or, where any person providing the treatment, manipulation, or service related thereto, exposes his or her “specified anatomical areas.” This definition shall not include the practice of massage in any licensed hospital, nor by any licensed hospital, licensed physician, chiropractor, or osteopath; nor by any nurse or technician working under the supervision of a licensed physician, chiropractor, or osteopath; nor by any trainers for amateur, semiprofessional, or professional athlete or athletic team or school athletic program nor by any licensed massage therapist licensed in the State of Ohio pursuant to R.C. § 4731.15.
NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or displays “specified anatomical areas” is provided for any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted.
SEXUAL ENCOUNTER ESTABLISHMENT. A commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where people may congregate, associate, or consort for the purpose of “sexually specified activities” or the exposure of “specified anatomical areas” or activities where one or more of the persons is in a state of nudity. This definition shall not include an establishment where a medical practitioner, psychiatrist, or similar professional persons licensed by the state engages in medically approved and recognized sexual therapy.
AESTHETICS. The outward visual appearance that is pleasing and sensitive to the senses.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of the building, such as walls, floors, columns, beams or girders.
APARTMENT. A room or group of rooms which are part of a larger building that are intended for or occupied as a residence.
AUTOMOBILE SERVICE AND REPAIR. Any building used for the supply of gasoline, oil or other fuel for motor vehicle propulsion, which can include space and facilities for washing, polishing, greasing, repairing and servicing motor vehicles.
BILLBOARD. Any structure or portion thereof on which lettered, figured or pictorial matter is displayed for advertising purposes of goods or services not offered on the premises.
BOARD. The Board of Zoning Appeals of the Village of Anna, Ohio.
BOARDING HOUSE or ROOMING HOUSE. A building or part thereof, other than a hotel or restaurant, where meals and or lodging are provided for compensation for three or more persons and where no cooking or dining facilities are provided in individual rooms.
BUFFERYARD. A landscaped area adjoining or surrounding a land use and unoccupied in its entirety by any building or structure.
BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING, HEIGHT OF. The vertical distance from the average contact with ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the ridge for gable, hip or gambrel roofs.
BUSINESS. An occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter, or exchange of goods, wares, merchandise or services, or where there is the maintenance or operation of an office or offices for the exhibition, sale, or offering of merchandise or services.
COVERAGE. The percentage of the lot area covered by any building or part thereof.
DAY CARE. A facility that administers to the needs of children or adults by persons other than their parents, guardians, custodians, relatives, or school authorities for any part of a day in a place or residence other than the child’s or adult’s home.
DAY CARE FACILITY. Any place not the residence of the provider in which day care is provided for thirteen or more individuals.
DAY CARE TYPE A. Day care administered in the home of the provider for seven to twelve individuals, not including individuals who live at the residence.
DAY CARE TYPE B. Day care administered in the home of the provider for six or fewer individuals, not including individuals who live at the residence.
DWELLING. Any building or portion thereof designed or used as the residence of one or more persons, but not including a tent, cabin, trailer or trailer coach, mobile home, tree house or a room in a hotel or motel.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units.
DWELLING, SINGLE-FAMILY. A building designed for or used for residence purposes by one family or housekeeping unit.
DWELLING, TWO-FAMILY. A building designed for or used by two families or housekeeping units.
DWELLING UNIT. One room or a suite of two or more rooms designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding house, lodging house, dormitory, motel or hotel.
GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used only for the storage of vehicles and incidental personal property.
GARAGE, PUBLIC. A building or portion thereof, other than a private garage or filling station, used for equipping, servicing, repairing, hiring, selling or storing vehicles, or similar equipment.
GASOLINE SERVICE STATION. Any building used for the supply of gasoline, oil or other fuel for motor vehicle propulsion but does not include space or facilities for washing, polishing, greasing, repairing or servicing motor vehicles.
GROUP HOME. A residential facility that provides residential services to individuals who are mentally retarded, developmentally disabled, physically handicapped, who cannot otherwise care for themselves or who are convalescing or undergoing rehabilitation and/or treatment. These individuals are provided services to meet their individual needs. They must not have been previously convicted of a felony or required institutional care or treatment. This category is licensed by and/or has accountability to a governmental agency for the clientele served. This category does not include hospitals, as defined herein, or facilities that administer treatment as their primary function to in-patients, out-patients or on a day-care basis.
HOME OCCUPATION. Gainful activity, either full or part-time, conducted within a dwelling unit by a person residing there, occurring in a way that it does not create a nuisance and conforms to all the regulations of § 153.157(B).
HOSPITAL. An establishment for the medical, surgical or psychiatric care of bed patients for a continuous period longer than 24 hours, which is open to the general public 24 hours each day for emergency care, has a minimum often patient beds and an average of 2,000 patient days per annum and has on duty a registered nurse 24 hours each day.
HOTEL. A building occupied primarily as the temporary abiding place of individuals who are lodged with or without meals, and in which there are more than 12 sleeping rooms or apartments.
JUNK YARD. A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including places where the uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged material incidental to manufacturing operations.
LOT. A piece, parcel or tract of land occupied or intended to be occupied by a principal building or a group of buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with open spaces as required by this chapter, and having frontage on a public street.
LOT AREA. The computed area contained within the lot lines.
LOT, CORNER. A lot at the juncture of and fronting on two or more intersecting streets.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT LINE, FRONT. The line separating the lot from a street.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot other than a front or rear lot line. A SIDE LOT LINE separating a lot from a street is called a SIDE STREET LOT LINE. A SIDE LOT LINE separating a lot from another lot or lots is called an INTERIOR SIDE LOT LINE.
LOT LINES. The property lines bounding the lot.
LOT WIDTH. The width of the lot measured at the building setback line.
MOBILE HOME. Any non-self-propelled vehicle so designed for transportation after fabrication on streets, highways, land, air or water, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy after location on the site whether by wheels, jacks, or permanent foundations, and connection to utilities and the like. Not including camp or travel trailers.
MODULAR HOUSING. An assembly of materials or products comprising all or part of a total residential structure that, when constructed, is self- sufficient, or substantially self-sufficient, containing plumbing, wiring and heating at the point of manufacture, and which when installed, constitutes a dwelling unit, except for necessary on-site preparations for its placement.
MOTEL or TOURIST COURT. A building, or group of buildings, comprising individual sleeping or living units for the accommodation of transient guests, not containing individual cooking or kitchen facilities.
NONCONFORMING USE. A building, structure or premises legally existing or used at the time of adoption of this chapter, and which does not conform with the use regulations prescribed by this chapter for the district in which located.
NUDITY or STATE OF NUDITY. The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering; or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
OPAQUE. Not allowing visibility through (e.g., a dense, compact row of vegetation).
PARKING SPACE. The area required for parking one automobile, which in this chapter is held to be an area not less than nine feet wide and 19 feet long, either within a structure or in the open. For commercial and industrial uses, space shall be computed exclusive of driveways or access drives.
PROTECTED USE. Uses listed and defined as the following.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities.
SCHOOL. Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities.
RECREATIONAL VEHICLES. As used in these regulations, these are defined as and shall include the following.
BOATS and BOAT TRAILERS. Includes boats, floats and rafts, plus the normal equipment to transport the same on the highway.
FOLD-TENT TRAILER. A canvas-folding structure, mounted on wheels and designed for travel and vacation use.
MOTORIZED HOME. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
PICK-UP CAMPER. A structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation use.
TRAVEL TRAILER. A vehicular portable structure built on chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified TRAVEL TRAILER by the manufacturer.
RIGHT-OF-WAY. 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.
SETBACK LINE. The closest point at which a building may be constructed in relation to the lot line.
SEXUAL ACTS.
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation or arousal.
STORY. The portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
SWIMMING POOL.
ABOVE-GROUND SWIMMING POOL. Any swimming pool placed above-ground which contains water in excess of 24 inches and is suitable or utilized for swimming. Above-ground, swimming pools shall not be subject to the six-foot fence requirement of § 153.156 of this chapter. Above-ground swimming pools shall be made inaccessible when not in use and any ladder or structure used for accessing an above-ground swimming pool shall be removed and stored in a separate location when not in use.
IN-GROUND SWIMMING POOL. Any structure constructed and placed below ground which contains water in excess of 24 inches and is suitable or utilized for swimming.
VARIANCE. A variation from a strict interpretation of the terms of this chapter, owing to peculiar conditions or circumstances that apply only to the property in question, and no other.
WADING POOL. Any structure constructed or placed below or above ground, which contains water less than 24 inches and is suitable or utilized for wading.
YARD. An open space at grade between the edges of a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
YARD, FRONT. An open space extending the full width of the lot between the edge of a building and the front lot line, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, REAR. An open space extending the full width of the lot between the edge of a building and the rear lot line, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, SIDE. An open space extending from the front yard to the rear yard between the edge of a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
ZONING ADMINISTRATOR. The person authorized to issue zoning permits and to enforce the zoning regulations of the Village of Anna, Ohio.
ZONING PERMIT. A permit issued by the Zoning Administrator for the construction of any building or structure, or for the use of any property.
(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1264-99, passed 6-22-1999; Am. Ord. 1629-13, passed 6-25-2013; Am. Ord. 1737-17, passed 4-24-2018; Am. Ord. 20-1778, passed 7-28-2020)