Carrollton City Zoning Code
TITLE SEVEN
Zoning Standards and Special Provisions.
1171.01 BUILDINGS TO COMPLY WITH DISTRICT REGULATIONS.
(a) Buildings shall only be erected, converted, enlarged, reconstructed or structurally altered, or land shall only be used for a purpose permitted in the district in which the building or land is located.
(b) Buildings shall be erected, converted, enlarged, reconstructed or structurally altered only in conformity with the height limit herein established for the district in which the building is located.
(c) Buildings shall be erected, converted, enlarged, reconstructed or structurally altered only in conformity with the area regulations of the district in which the building is located. (Ord. 1973-9. Passed 12-17-73.)
1171.02 DENSITY AND YARD REQUIREMENTS AS MINIMUM.
The density and yard requirements of this Zoning Ordinance are minimum regulations for each and every building existing at the effective date of these regulations and for any building hereafter erected or structurally altered. Land required for yards or other open spaces about an existing building or any building hereafter erected or structurally altered shall not be considered a yard or lot area for more than one building.
(Ord. 1973-9. Passed 12-17-73.)
1171.03 BUILDINGS TO BE ON LOTS; PARKING.
(a) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on a lot except as otherwise provided in this Zoning Ordinance.
(b) Buildings shall only be erected or structurally altered to the extent specifically provided hereinafter in conformity with the off-street parking and loading requirements of this Zoning Ordinance. (Ord. 1973-9. Passed 12-17-73.)
1171.04 CONDOMINIUMS AND COOPERATIVE PROPERTY.
Cooperative, condominiums and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.
(Ord. 1973-9. Passed 12-17-73.)
1171.05 MANUFACTURED HOMES TO BE IN PARKS OR COURTS.
All inhabited manufactured homes or travel trailers shall be located in a manufactured home park or travel trailer court that has received a conditional use permit as required by Chapter 1187. No manufactured home or travel trailer outside an approved manufactured home park or travel trailer court shall be connected to utilities except those manufactured homes or travel trailers being offered for sale and not inhabited.
(Ord. 1973-9. Passed 12-17-73.)
1173.01 MAXIMUM REQUIREMENTS.
Maximum height limits established for buildings and structures are as follows:
(a) Thirty-five feet in the RU, RC, RS and RD Districts.
(b) Forty-five feet in the RA, B and I Districts.
(Ord. 1973-9. Passed 12-17-73.)
1173.02 EXCEPTIONS.
The above height limits may be exceeded in the following instances:
(a) Public, semi-public or public service buildings, hospitals, institutions, agricultural buildings, or schools when permitted in a district, may be erected to a height not exceeding 110 feet, and churches and temples may be erected to a height not exceeding seventy-five feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built.
(b) Television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, stacks, conveyors and flag poles may be erected to such height as may be authorized by Council.
(c) Buildings in the RA, B-3 and I Districts may be increased in height one foot for each foot the building is set back from all yard lines up to a maximum height of 100 feet, provided that the gross floor area provided, exclusive of enclosed garages, does not exceed the number of square feet of land area of the lot on which the building is placed.
(Ord. 1973-9. Passed 12-17-73.)
1173.03 AIRPORTS.
The following special regulations shall apply to any land airport, other than a helicopter landing facility, owned and operated by a public agency:
(a) Within the air space above the approach zone to each end of a runway designed to be used for instrument landings no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to fifty (horizontal) projected from a point 200 feet beyond the end of the runway for a distance of 10,000 feet, such plane to be in the shape of a symmetrical trapezoid 1,000 feet in width at its lowest point and 4,000 feet in width at its highest point; combined with a second plane with a slope of one (vertical) to forty (horizontal) extending from the upper edge of the first plane for an additional distance of 40,000 feet, such plane to be in the shape of a symmetrical trapezoid 4,000 feet in width at its lowest point and 16,000 feet in width at its highest point.
(b) Within the air space above the approach zone to each end of a runway not designed to be used for instrument landings, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to forty (horizontal) projected from a point 200 feet beyond the end of the runway for a distance of 10,000 feet, such plane to be a symmetrical trapezoid (*) feet wide at its lowest point and (*) feet wide at its highest point.
(c) Within the established transition zones adjacent to each instrument and non- instrument runway and approach zone, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to seven (horizontal). Transition zones extend outward and upward from a line (*) feet on either side of the center line of noninstrument runways for the length of such runway plus 200 feet on each end; and 500 feet on either side of the center line of instrument runways, for the length of such runway plus 200 feet on each end; to a height 150 feet above the elevation of the airport reference point. In addition, transition zones are established adjacent to both instrument and noninstrument approach zones which flare outward and upward symmetrically along the entire length of each approach zone to where they intersect the surfaces of the horizontal and conical zones.
(d) Within (**) feet from the established airport reference point, no building or structure shall be erected or altered to project above a horizontal plane 150 feet above the established airport elevation. This horizontal zone does not include the approach or transition zones.
(*) The applicable distance in feet must be based on runway lengths as set forth in Section 77.27 of Part 77 of the Federal Aviation Regulations.
(**) The applicable distance in feet must be based on runway lengths as set forth in Section 77.25 of Part 77 of the Federal Aviation Regulations.
(e) Within the conical zone, which commences at the periphery of the horizontal zone and extends outward therefrom a distance of (**) feet, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to twenty (horizontal).
(f) Nothing in this subparagraph shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to twenty feet above the surface of the land.
(Ord. 1973-9. Passed 12-17-73.)
1175.01 MINIMUM YARD REQUIREMENTS.
The following minimum yards, measured in feet, shall be provided within the districts indicated below:
District | Front Yard | Side Yard | Rear Yard |
RU, RC | 50 | 20 | 50 |
RS | 30 | 10 | 30 |
RD, RA | 25 | 8 | 25 |
B-1 | 25 | None | 25 |
B-2 | 30 | None | None |
B-3 | None | None | None |
I | 25 | None | 25 |
Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard. For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
(Ord. 1973-9. Passed 12-17-73.)
1175.02 ADDITIONAL REQUIREMENTS.
The following additional yard requirements shall also be observed:
(a) On lots fronting on two nonintersecting streets, a front yard must be provided on both streets.
(b) On corner lots there must be a front yard on both streets. On corner lots that are lots of record the buildable width cannot be reduced to less than twenty-eight feet, except that there shall be a yard along the side street side of such a lot of at least five feet.
(c) Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.
(d) In the RA, B and I Districts there may be more than one building on a lot provided that the required yards be maintained around the group of buildings.
(e) There may be two or more related multi-family, hotel, motel, or institutional buildings on a lot; provided that the required yards be maintained around the group of buildings, and buildings that are parallel or that are within forty-five degrees of being parallel be separated by a horizontal distance that is at least equal to the height of the highest building.
(f) Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered.
(g) Required front yards shall be devoted entirely to landscaped area except for guest parking and the necessary paving of driveways and sidewalks to reach parking or loading areas in the side or rear yard.
(h) Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.
(i) The minimum width of side yards for schools, libraries, churches, community buildings and other public and semi-public buildings in residential districts shall be twenty-five feet, except where a side yard is adjacent to a commercial or industrial district, in which case, the width of that yard shall be as required in the district in which the building is located.
(j) No sign, fence, wall, shrub or other obstruction to vision exceeding three feet in height above the established street grade, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points thirty feet distant from the intersection of the street lines.
(Ord. 1973-9. Passed 12-7-73.)
1175.03 EXCEPTIONS.
The following exceptions may be made to the yard requirements:
(a) Where, on the effective date of these regulations, forty percent (40%) or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner.
(1) Where the building farthermost from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.
(2) Where subsection (a) (1) hereof is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.
(3) Where neither subsection (a) nor subsection (b) hereof is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.
(b) Sills, belt courses, window air-conditioning units, chimneys, cornices, and ornamental features may project into a required yard a distance not to exceed twenty-four inches.
(c) Filling station pumps and pump islands may occupy required yards provided, however, that they are not less than fifteen feet from all lot lines.
(e) Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than three and one-half feet when so placed as to not obstruct light and ventilation, may be permitted by the Building and Zoning Inspector.
(f) Open, unenclosed porches (not glassed in) may not extend more than ten feet into a front yard.
(g) Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections be distant at least two feet from the adjacent side lot line.
(h) No side yards are required where dwellings are erected above commercial structures except such side yard as may be required for a commercial building on the side of a lot adjoining a residential district.
(i) Accessory buildings may be located in a rear yard but may not occupy more than thirty percent (30%) of a rear yard.
(j) Any accessory building closer than ten feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building.
(k) An accessory building more than ten feet from a main building may be erected within two feet of a side or rear lot line, but must be located at least sixty feet from the front street line.
(l) Where a garage is entered from an alley, it must be located at least ten feet from the alley line.
(m) On corner lots the minimum buildable width of twenty-eight feet for main buildings is reduced to twenty-two feet for accessory buildings.
(Ord. 1973-9. Passed 12-17-73.)
1177.01 MINIMUM LOT AREA AND WIDTH.
The following minimum lot areas and lot width shall be provided in the districts indicated.
District | Lot Width in Ft. | Lot Area in Sq. Ft. | Lot Area Per Family in Sq. Ft. | ||
Single family dwelling | Two family dwelling | Multiple dwelling | |||
RU | 150 | 43,560 | 43,560 | NA | NA |
RC | 150 | 20,000 | 20,000 | NA | NA |
RS-1 | 80 | 12,000 | 12,000 | NA | NA |
RS-2 | 70 | 8,000 | 8,000 | NA | NA |
RS-3 | 60 | 7,200 | 7,200 | NA | NA |
RD | 60 | 6,000 | 6,000 | 3,500 | 2,500 |
RA | 60 | 6,000 | 6,000 | 3,000 | 2,000 |
B-1 | None | None | 6,000 | 3,000 | 2,000 |
B-2 | None | None | 6,000 | 3,000 | 2,000 |
B-3 | None | None | 6,000 | 3,000 | 2,000 |
I | None | None | Dwellings prohibited | ||
NA: Not Applicable
(Ord. 1973-9. Passed 12-17-73.)
1177.02 EXCEPTIONS.
The minimum lot area and lot width requirements established above may be modified as follows:
(a) Where a lot of record at the time of the effective date of this Zoning Ordinance has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, such lot may nevertheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.
(b) Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be reconstructed or structurally altered unless made to conform to these requirements.
(c) Lot area per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
(d) In the RU District, the minimum lot area per family may be reduced to 20,000 square feet and the lot width to 100 feet where public water service is available but where there is no public sewer service, or to 15,000 square feet and eighty feet, respectively, where both public water and public sewer services are available. (Ord. 1973-9. Passed 12-17-73.)
1179.01 OFF-STREET PARKING REQUIREMENTS.
Off-street parking spaces shall be provided as follows in all districts except the B-3 Central Business District.
(a) All nonresidential buildings, except those specified herein - one space for each 300 square feet of floor area.
(b) Auditoriums, theatres and other places of public assembly - one parking space for each five seats.
(c) Church or temple - one parking space for each four seats in the main auditorium.
(d) Community center, library, museum, or similar public or semi-public building - one parking space for each 250 square feet of floor area in the building.
(e) Funeral homes - ten parking spaces for each chapel plus one for each funeral home vehicle plus one for each family residing on the premises.
(f) Hospital - two and three-tenths parking spaces for each bed.
(g) Hotel or motel - five parking spaces plus one space for each sleeping room or suite.
(h) Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or other similar establishments - two parking spaces for every three employees on the maximum shift, plus space to accommodate all trucks and other vehicles used in connection therewith.
(i) Medical office - Buildings in which twenty percent (20%) or more of the gross area is occupied by members of the healing profession - one parking space for each 200 square feet of the gross area used for this purpose.
(j) Multiple dwellings - One and one-half spaces for each dwelling unit in the RD and RA Districts. One and two-tenths spaces for each dwelling unit in all other districts.
(k) Private club or lodge - one parking space for each 300 square feet of floor area.
(l) Rooming and boarding houses, sororities and fraternities - one parking space for each 200 square feet of floor area.
(m) Sanitarium or institutional home - one parking space for each three beds.
(n) School - for high schools, colleges and universities, ten spaces per classroom; for elementary schools two parking spaces per classroom.
(o) Single family and two-family dwellings - one space for each bathroom or fraction thereof in the dwelling unit.
(Ord. 1973-9. Passed 12-17-73.)
1179.02 RULES FOR COMPUTING PARKING SPACES.
In computing the number of required off-street parking spaces the following rules shall apply:
(a) Floor area shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking, as herein defined.
(b) Where fractional spaces result, the parking spaces required shall be the nearest whole number.
(c) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(d) Whenever a building or use constructed or established after January 1, 1963, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to January 1, 1963 is reconstructed or is enlarged to the extent of twenty percent (20%) or more in floor area such building or use in its entirety shall then and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than twenty percent (20%) of the gross floor area shall be provided with parking based on the enlargement or change.
(Ord. 1973-9. Passed 12-17-73.)
1179.03 LOCATION OF REQUIRED PARKING SPACES.
All parking spaces required herein shall be located as follows:
(a) The parking spaces required for residential buildings or uses shall be located on the same lot with the building or use served. The parking spaces required for any other building or use may be located within 200 feet of such building and two or more owners of buildings may join together in providing the required parking spaces. Where the required parking spaces are not located on the same lot with the building or use served, the usage of the lot or tract upon which such parking spaces are provided shall be restricted by an instrument of record describing the premises for which such parking is provided and assuring the retention of such parking so long as required by these regulations.
(b) No parking spaces may be located in a front yard in any R Residential District.
(Ord. 1973-9. Passed 12-17-73.)
1179.04 MINIMUM IMPROVEMENT AND MAINTENANCE STANDARDS.
Parking lots and garages shall conform with the following improvement and maintenance standards:
All open parking areas provided in compliance with this Zoning Ordinance shall be surfaced with a durable, dust-proof surface consisting of concrete, asphaltic concrete, with adequate base as approved by designated engineering personnel of the Village. The parking areas shall be maintained in a usable dust-proof condition and graded and drained to dispose of all surface water. Whenever lighting is provided, it shall be so hooded or shielded as to reflect the light away from abutting or neighboring property including public rights of way. One standard tree of at least three inch diameter shall be planted on the lot for each ten parking spaces. The location of each parking space and the direction of movement along the access driveways shall be indicated by painting upon the surface of the lot. A structurally sound wall or other abutment shall be installed and so placed around each side of the parking lot to insure that no part of an automobile either extends over or is capable of accidentally rolling across the property line of the parking lot.
(Ord. 1973-9. Passed 12-17-73.)
1179.05 OFF-STREET LOADING REQUIREMENTS.
There shall be provided at the time any building is erected or structurally altered off-street loading space in accordance with the following requirements:
(a) Office buildings, apartments, apartment hotels, motels and hotels - one space for each 5,000 to 50,000 square feet of gross floor area; two spaces for each 50,000 to 200,000 square feet of gross floor area; one additional space for each 75,000 square feet of gross floor area above 200,000 square feet.
(b) Retail or service establishment or wholesale commercial use - one space for each 2,000 to 20,000 square feet of gross floor area; two spaces for each 20,000 to 100,000 square feet of gross floor area; one additional space for each 75,000 square feet of gross floor area above 100,000 square feet.
(c) Manufacturing or industrial use - one space for each 10,000 square feet of floor area or fraction thereof in excess of 5,000 square feet.
(d) In all cases where the off-street loading space is located in a manner that a truck must back directly from a major street into a loading space, a maneuvering space of not less than fifty feet shall be provided on the lot on which the industrial use is located.
(Ord. 1973-9. Passed 12-17-73.)
1181.01 ACCESSORY BUILDINGS AND USES PERMITTED.
Uses of accessory buildings, accessory uses of principal buildings and accessory uses of a lot are permitted when in accordance with this chapter.
(Ord. 1979-7. Passed 6-12-79.)
1181.02 RU, RC, RS, RD AND RA DISTRICTS.
In the RU, RC, RS, RD and RA Districts, accessory buildings and uses are limited to:
(a) A noncommercial greenhouse that does not exceed in floor area twenty-five percent (25%) of the ground floor area of the main building.
(b) A private residential garage used only for the housing of noncommercial passenger automobiles and with a floor area of not to exceed 500 square feet. An additional floor area of 200 square feet may be provided for each 3,000 square feet of lot area by which such lot exceeds 6,000 square feet, provided that no garage shall exceed 1,000 square feet nor house more than five such automobiles or vehicles of comparable size.
(c) Home occupation.
(d) Vegetable or flower garden.
(e) Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential uses.
(Ord. 1973-9. Passed 12-17-73.)
1181.03 ADDITIONAL ACCESSORY BUILDINGS AND USES IN RA DISTRICT.
In the RA District, there may also be:
(Ord. 1973-9. Passed 12-17-73.)
1181.04 COMMERCIAL AND INDUSTRIAL DISTRICTS.
In the Commercial and Industrial Districts, there may also be:
(b) Use of not to exceed forty percent (40%) of the floor area of a building for incidental storage or light industrial activity.
(Ord. 1973-9. Passed 12-17-73.)
1181.05 ADDITIONAL REQUIREMENTS.
There shall be the following additional regulations for accessory buildings:
(a) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, material and equipment by a contractor during building construction.
(b) No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall.
(c) Accessory buildings may not be used for dwelling purposes.
(Ord. 1973-9. Passed 12-17-73.)
1183.01 PURPOSE.
The purpose of this chapter is to establish regulations controlling the use of fences, hedges and walls whereby the lot owner in a residence district may have the privilege of privacy and landscape design within his own lot with due consideration to the environment of his neighbor, the appearance of the community and the safety of the public and the individual.
1183.02 SCOPE.
This chapter shall apply to all residence districts. The fence regulations herein shall not apply to any permanent fence erected prior to the effective date of this chapter.
1183.03 DEFINITIONS.
(a) As used in this chapter:
(1) "Fence" means any structure composed of wood, iron, steel, tree row, shrubbery, hedges or other material erected in such a manner and position as to enclose or partially enclose all or any part of the premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers, and other vegetation when erected in such position as to enclose all or any part of any premises shall be included within the definition of the word "fence ."
Structures erected other than on lot lines or in proximity to lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises or of separating premises from adjoining premises, shall not be included within the definition of the word “fence”.
(2) "Privacy fence" means a fence made to inhibit public view and provide seclusion and, when viewed at right angles, having more than fifty percent (50%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) closed to light or air. Permitted privacy fences are:
A. "Basket weave or woven fence" means a fence made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket.
B. "Louver or ventilating fence" means a fence made of a series of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
(3) "Open ornamental fence" means a fence usually made of wood constructed for its beauty or decorative effect and, when viewed at right angles, having not less than fifty percent (50%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) open to light and air. Permitted open ornamental fences are:
A. "Rail or split rail fence" means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts.
B. "Picket fence" means an open fence made of upright pales or slats.
(4) "Chain link fence" means a fence usually made of metal consisting of loops of wire interconnected in a series of joined links.
(5) "Barbed wire fence" means a fence made with metal wire having sharp points or barbs along its length.
(6) "Stockade (palisade) fence" means a fence constructed with a row of large pointed stakes placed upright against each other having more than fifty percent (50%) of the area of its vertical plane closed to light or air.
1183.04 PERMITTED TYPES.
Fences shall be permitted in required yards as follows, but in no case shall be constructed closer than ten feet from any structure unless approved by the Board of Zoning Appeals.
(a) Open ornamental fences shall be permitted in public facilities and residential zoning districts.
(1) Front yards. Open ornamental fences may be erected in front yards parallel to the building line to a height not exceeding three and one-half feet; provided, however, that rail or split rail fences may be erected in front yards parallel to and on or approximately on the common property line but nearer than one foot to the street right of way.
(2) Side and rear yards. Open ornamental fences may be erected in side and rear yards parallel to and on, or approximately on, the common property line to a height of not more than five feet.
(b) Chain link fences shall be permitted in all zoning districts only in rear and side yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding five feet above the natural grade. Such fences shall not allow vines or other sight inhibitors from blocking the view of traffic.
(c) Privacy fences shall be permitted in all zoning districts only in rear yards. Such fences shall comply with the yard requirements of permitted accessory building and shall not exceed seven feet in height above the natural grade.
(d) Shrubbery or hedges shall be permitted in public facilities and residential zoning districts provided they conform to the height and location requirements of this chapter.
(e) Any fence within ten feet in any direction from a point where any driveway, either on the fence owner’s lot or the adjoining lot, intersects with the sidewalk shall have a minimum of seventy-five percent (75%) open area.
(f) The Building and Zoning Inspector may permit other fences which are similar in character and design to one or more of the fences permitted herein.
1183.05 RESTRICTIONS.
(a) Barbed wire electrified fences are hereby prohibited. (A.O.)
(b) The restriction stating fences closer than ten feet from any structure requires the approval of the Board of Zoning Appeals is hereby repealed.
(Ord. 2004-12. Passed 8-23-04.)
1183.06 SWIMMING POOLS.
Swimming pools located within the corporate limits of the Village shall be surrounded by a fence, not less than four feet in height and all openings, doorways and entrances into such pool area shall be equipped with gates of equal height with such fence, which gates shall be provided with latches. Above ground pools shall have a locking gate and removable ladders. The design of any pool fence shall be approved by the Building and Zoning Inspector.
(Ord. 2004-13. Passed 8-23-04.)
1183.07 CORNER OR THROUGH LOT.
Where a rear or side yard abuts a street, fences otherwise permitted in side or rear yards shall not extend into required yards, provided however, that this provision shall not prohibit permitted rail or split rail fences erected in such side or rear yards parallel to and not nearer than one foot to the side or rear property line, at a height not to exceed three and one half feet above the natural grade.
1183.08 MAINTENANCE.
Such permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained at all times. Any such fences permitted on the property line shall be designed, constructed and finished so that the supporting members thereof shall face the property of the owner of the fence.
1183.09 PERMIT AND APPEAL.
(a) Any fence which may be permitted shall require the issuance of a permit prior to its erection by the Building and Zoning Inspector after an application for same has been approved by him.
(b) Should the Building and Zoning Inspector fail or refuse to issue a permit after proper application has been made therefor, a person may appeal the failure or refusal to the Board of Zoning Appeals. The power to grant variances to this chapter shall include, but not be limited to, the authority to grant variances with respect to prohibited fences under Section 1183.05. The person seeking a variance shall follow all rules and Board of Zoning Appeals procedures currently enforced for granting variances to the application of the Village Zoning Ordinance, including no such variance shall be authorized unless a finding is made that all of the following facts and conditions exist:
(1) Exceptional and extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same district or vicinity.
(2) The special circumstances or conditions do not result from actions of the property owner or any of his predecessors in title.
(3) Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same district or vicinity.
(4) The authorization of such variance shall not be materially detrimental to the public welfare or injurious to property in the district or vicinity in which the property is located.
1183.10 INSPECTION.
It shall be the duty of the property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Building and Zoning Inspector issuing permits, and such fence does not encroach upon another lot or parcel of land. The Village shall furnish such inspection as is deemed necessary to determine that such fence is constructed in accordance with plans submitted for permit, provided however, that the issuance of such permit by the Village shall not be construed to mean the Village has determined such fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein.
1183.11 SPITE FENCES.
Fences and small incidental structures used for children's recreation shall not be subject to the requirements for the principal building or the accessory building, but no "spite fence" shall be erected or maintained. For the purposes of this Zoning Ordinance, a "spite fence" is any fence of such height or character as to block access of light and air to any ground floor window or upper window or to interfere with the reasonable use of a person's property. In any case, no fence shall be erected higher than five feet.
1183.12 FENCES, HEDGES AND SHRUBBERY.
No fence or wall serving the purpose of a fence shall be constructed of such height and in such a location (in the front or side yard) as to interfere with the safety of vehicular traffic in the streets. Hedges and shrubbery on corner lots shall be subject to the same regulations as those for fences.
1183.99 PENALTY.
Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.
1185.01 MINIMUM REQUIREMENTS.
Large-scale residential developments, where permitted, are subject to the following conditions:
(a) The development shall have a minimum area of ten acres.
(b) The housing type, minimum lot area, yard, height and accessory uses shall be determined by the requirements and procedure set out below, which shall prevail over conflicting requirements of this Zoning Ordinance or the Subdivision Regulations.
(c) The Final Development Plan shall follow all applicable procedures, standards and requirements of the Subdivision Regulations. The Final Development Plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in this State. No building permit shall be issued until a final plat of the proposed development is approved and recorded.
(d) The Planning Commission shall review the conformity of the proposed development with the standards of the official Village plan and recognized principles of civic design, land use planning and landscape architecture. The minimum yard and maximum height requirements of the district in which the development is located shall not apply except that minimum yards shall be provided around the boundaries of the area being developed. The Commission may impose conditions regarding the layout, circulation and performance of the proposed development and may require that appropriate deed restrictions be filed enforceable by the Village for a period of twenty years from date of filing. A plat of development shall be recorded regardless of whether a subdivision is proposed and such plat shall show building lines, common land, streets, easements and other applicable features required by the Subdivision Regulations.
(e) The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools or other nonresidential uses from the gross development area and deducting twenty percent (20%) of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted. (Ord.1973-9. Passed 12-17-73.)
1185.02 PUBLIC HEARING; APPROVAL.
The Planning Commission may hold one or more public hearings on a Final Development Plan. The recommendations of the Commission shall be forwarded to Council who shall approve or disapprove the action of the Commission with or without modification and after public hearing. After approval by Council and after any required restrictions are in effect, the Building Inspector may issue permits enabling the approved Final Development Plan to be carried out. (Ord. 1973-9. Passed 12-17-73.)
1187.01 LOCATION; SKIRTING.
(a) All inhabited manufactured homes shall be located in a manufactured home park which has received a conditional use permit and which conforms with the following requirements. No manufactured home outside of an approved manufactured home park shall be connected to utilities except those manufactured homes being offered for sale and not inhabited. Existing manufactured homes not located in a manufactured home park may be replaced by new manufactured homes without regard to this section.
(b) Each vehicle or structure shall have placed around its perimeter skirts or panels constructed of a suitable material so as to screen the area beneath such vehicle or structure from view. (Ord. 1973-9. Passed 12-17-73.)
1187.02 MINIMUM REQUIREMENTS.
Manufactured home parks shall meet the following minimum standards:
(a) Each lot provided for the occupancy of a single manufactured home unit shall have an area of not less than 5,000 square feet and a width of not less than fifty feet, and no park shall be permitted an average density of manufactured home lots of more than six per acre, and each park shall provide an area of not less than eight acres.
(b) All parks shall provide lots sufficient in size that no manufactured home or any structure, addition or appurtenance thereto is located less than ten feet from the nearest adjacent court boundary.
(c) Space between manufactured homes may be used for the parking of motor vehicles if the space is clearly designated and the vehicle is parked at least ten feet from the nearest adjacent park boundary.
(d) Each lot shall abut or face a clear unoccupied space, driveway, roadway, or street of not less than twenty feet in width, which shall have unobstructed access to a public highway, street or alley.
(e) The park shall be surrounded by a landscaped strip of open space fifty feet wide along the street frontage of a major street and twenty-five feet wide along all other park boundaries or street frontage.
(f) The physical development, layout and construction of all manufactured home parks shall conform to applicable regulations of the Ohio Department of Health, except where requirements of this section are greater than standards of the State in which case these requirements shall prevail.
(Ord. 1973-9. Passed 12-17-73.)
1189.01 PURPOSE.
This chapter creates the legal framework for signage regulations that is intended to facilitate a lawfully acceptable communication between people. It recognizes the need to protect safety and welfare of the public, the need for well maintained and attractive appearance in the Village, and the need for adequate business identification and advertising and communication. This section recognizes that aesthetics and design quality cannot be satisfactorily legislated, as individual opinions vary and local public sentiment vary from one place and era to another. It is recognized, however, that a great percentage of that which is unattractive can be eliminated by sensible quality control, through adequate maintenance and inspection and by reasonable guidelines formulated to minimize clutter. This chapter intends to achieve the specific purposes to preserve, protect and promote property values and the community appearance, and to accommodate legitimate advertising and quality signage.
1189.02 DEFINITIONS.
As used in this chapter, certain terms are defined as follows:
(a) "Sign" means any device designed to inform or attract the attention of persons whether on or off the premises on which the sign is located.
(b) "Freestanding ground sign" means a sign supported from the ground by one or more poles, uprights or braces, but not from a building or other structure.
(c) “Wall sign” means a sign erected parallel to the outside building wall and extending not more than eighteen inches from such wall, but which does not project above the roof line or beyond the building corner.
(d) "Projecting sign" means a sign erected on the outside building wall which projects at an angle therefrom.
(e) "Sign face area" measurement or calculation shall include all sign frame appurtenances, supports or structural members above the average finished grade at the sign base. Only one side of a double or multi-faced sign shall be used to calculate face area provided such sign faces are not joined at an angle greater than fifteen degrees.
(f) “Roof sign” means any sign placed or attached by any means to the roof of the building.
(g) "Billboard" means a freestanding sign or wall sign exceeding eighty-two and one-half square feet of face area.
1189.03 EXEMPTIONS.
The following signs are exempt from provisions of this section:
(a) Governmental signs, notices posted by governmental authority or as required by law, and religious insignia.
(b) Historical or commemorative signs issued by a recognized historical agency.
(c) Residential security signs limited to a maximum one square foot of face area and two such signs per lot.
(d) Traffic and directional signs indicating points of entry or exit for a facility or off-street parking area, provided such signs are limited to a maximum two square feet in face area and three feet in height, do not interfere with safe traffic circulation and do not interfere with or obstruct the view of drivers exiting onto streets or highways and do not contain information other than the words "in", "enter", "entrance", "out" or "exit" and/or arrows indicating desired traffic movement.
1189.04 REGULATIONS FOR ALL SIGNS.
All signs permitted by this section shall be subject to the following:
(a) No sign shall be located on any public property, in the public right-of-way or affixed to any utility pole, tree or screening, except with approval of Council.
(b) No part of any sign shall be less than ten feet from any lot line or right-of-way line.
(c) Permanent freestanding ground signs shall not exceed eight feet in height from the average finished grade at the sign base to the top of the sign and shall be landscaped with all season planting or ground cover having a minimum eighteen inches in height and extending a minimum eighteen inches around the sign support circumference. The exception is a national chain store using uniform size signs at all their locations.
(d) Not more than one permanent freestanding ground sign per lot is permitted.
(e) Illumination where permitted shall be of light with constant intensity and shielded or directed to prevent excessive brightness or glare or create a nuisance.
(f) Off-site signs, when permitted, shall be posted on private property only with permission of the owner or agent of such property.
1189.05 SIGNS IN RESIDENTIAL DISTRICTS.
(a) No person shall erect or post any sign in any RU, RC, RS-1, RS-2, RS-3, RD or RA District except as follows:
(1) One permanent name plate sign for each dwelling unit in a single-family or two-family dwelling, with a maximum three square feet of face area, containing the name of the occupant or property or any home occupation.
(2) One permanent or temporary on-site roadside sign for lands used for agricultural purposes with a maximum eighteen square feet of face area for any lot five acres or more and a maximum four square feet of face area for any lot less than five acres, and which advertises only goods sold on the premises. In addition, each agricultural lot shall be allowed two off-site directional signs, each with a maximum one square foot of face area.
(3) One temporary building construction sign with a maximum eighteen square feet of face area which may be exhibited only during the construction
period.
(4) One temporary "for sale" or "for rent" sign with a maximum eight square feet of face area.
(5) One temporary subdivision, development or model home sign with a maximum thirty square feet of face area per subdivision. Such sign shall be removed or the permit renewed annually not later than one year after initial issuance.
(6) Temporary signs promoting school, church or community service activities may be exhibited not more than fourteen days before the commencement of such activity nor more than seven days after such activities ended.
(7) One permanent identification sign for each church, school, memorial park or golf club use.
(8) One garage sale sign with a maximum four square feet of face area, which may be exhibited only during the conduct of such sale and only on the lot where conducted. "Garage sale" as used herein means a sale of residential household goods, equipment, utensils, appliances, personal clothing or effects, or other similar personal property, and includes without limitation the following types of sales: house, barn, basement, attic, porch, carport, lawn, yard, driveway, clothesline, casual, rummage, flea market and the like.
(Ord. 2024-35. Passed 12-9-24.)
(b) All signs permitted in the RU, RC, RS-1, RS-2, RS-3, RD and RA Districts shall be subject to the following: No sign shall be illuminated except for nameplate signs not denoting a home occupation or identification signs for a church, school, memorial park or golf club.
1189.06 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS.
(a) No person shall erect or post any sign in any Commercial or I Industrial District except as follows:
(1) One freestanding ground sign with a maximum face area of thirty-two square feet per business or industrial property lot or combination of lots or portions thereof combined to form one parcel.
(Ord. 2001-39. Passed 8-27-01.)
(2) One wall sign per building occupant limited to three-fourths square feet of face area for each lineal foot or part thereof of building width occupied or one sign on a mansard placed in the center one-third at a height not greater than one-fourth the mansard height, but neither sign exceeding a maximum seventy-five square feet of face area.
(3) One identification sign per rear door limited to a maximum six square feet of face area for a public rear entrance and limited to a maximum three square feet of face area for a service entrance.
(b) All signs permitted in Commercial or Industrial Districts shall be subject to the following:
(1) Signs shall be exhibited only on the property being developed or used in connection with such sign.
(2) All signs may be illuminated and have changeable copy.
(3) Abandoned signs relating to any business or industry which has moved or discontinued operations shall be removed by the property or building owner or his agent within thirty days after such vacation or discontinuance.
1189.07 PROHIBITED SIGNS.
(a) The following signs are hereby prohibited in the Village:
(1) Roof signs.
(2) Projecting signs.
(3) Pole signs which permit pedestrians or vehicles to pass under such signs.
(4) Searchlights, balloons and similar advertising devices.
(5) Signs resembling traffic control devices.
(6) Unsafe signs or signs causing a hazard.
(7) Abandoned signs.
(8) Billboards. (Ord. 1987-17. Passed 8-25-87.)
(b) Other Permitted Uses.
(1) Murals or signs painted on walls.
(2) Strings, banners, pennants, ribbons, streamers, spinners or other moving devices.
(3) Flashing, blinking, intermittent illumination, revolving, oscillating or otherwise moving light signs.
(4) Mobile or portable signs.
(5) Political signs.
(Ord. 2024-35. Passed 12-9-24.)
1189.08 CONSTRUCTION AND MAINTENANCE STANDARDS.
(a) All signs and supports shall be installed and maintained subject to the following:
(1) Signs and supports shall be structurally sound, safe and pose no danger to persons or property.
(2) Signs and supports shall be fabricated on and of materials which are good quality, good durability and conform to allowable stresses and temperatures for such materials.
(3) Signs and supports shall be structurally designed to withstand a wind force of seventy-five miles per hour.
(4) Electric wiring shall be installed and maintained according to safe practice and in weatherproof condition.
(5) Signs and supports shall not constitute a blight or deteriorating influence on adjacent or neighboring properties.
1189.09 REPAIR, RESTORATION AND NONCONFORMING SIGNS.
(a) All sign framing and supports shall be repaired or repainted as required to preclude blight or deteriorating influence. Any conforming sign or support blown down, destroyed or otherwise involuntarily taken down may be rebuilt, restored or relocated upon obtaining a new permit, complying with this Zoning Ordinance and subject to approval of the Building and Zoning Inspector.
(b) All legally nonconforming signs and supports shall not be graphically or structurally altered, added to or enlarged, changed or relocated except in conformity with or to conform to this Zoning Ordinance. Any legally nonconforming sign which is involuntarily removed or damaged or destroyed for any cause, by sixty percent (60%) or more of its replacement value at the time of such damage or destruction, may be rebuilt, restored or relocated only after obtaining a new permit from the Building and Zoning Inspector, upon complying with this Zoning Ordinance, and subject to approval of the Building and Zoning Inspector. Lawfully permitted change of copy and minor repairs such as cleaning, painting and refurbishing is permitted at any time. Legally nonconforming signs damaged or destroyed by less than forty percent (40%) of replacement value may be restored to previous nonconforming condition if commenced within thirty days of such damage or destruction and diligently pursued to completion.
1189.10 PERMIT REQUIRED; APPLICATION; REVOCATION.
(a) Required. No person shall erect, alter or relocate any sign without first obtaining a permit from the Building and Zoning Inspector and paying the fee required herein, except that nonstructural repairs or maintenance may be made without a permit. A permit is required for all signs except political signs, for sale or for rent signs not exceeding six square feet in face area, nameplate signs not denoting any home occupation, and not more than two temporary school, church, or garage sale community service activity signs which may be displayed not more than forty-eight consecutive hours.
(b) Application. Application for a sign permit shall be made upon a form provided by the Building and Zoning Inspector and shall contain or have attached thereto, the following information:
(1) Name, address and telephone number of the applicant.
(2) Location of the building or lot to which or upon which the sign is to be attached or erected, and position of the sign in relation to nearby buildings and structures and the lot lines or right-of-way lines.
(3) Plans and specifications indicating method of construction, attachment to building or installation in the ground and method of illumination.
(4) Name of person, firm, corporation or association erecting the sign.
(5) Written consent of the owner of the building, structure or land to which or on which the sign is to be attached or erected.
(6) Scaled drawing indicating the sign dimensions, materials, color and copy, and the building face and sign position for a wall sign.
(7) Such other information as the Building and Zoning Inspector may require to show full compliance with this section and other laws.
(c) Issuance. It shall be the duty of the Building and Zoning Inspector, upon an application being filed for an erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign. If it appears that the proposed sign is in compliance with all the requirements of this section and other laws, the sign permit shall be issued. If the work authorized by a sign permit has not been completed within six months after the date of issuance the permit shall become null and void.
(d) Fees. Every sign permit applicant, before being granted a permit, shall pay a fee or deposit as required by Council.
(e) Revocation. The Building and Zoning Inspector is authorized and empowered to revoke any sign permit issued upon failure of the permittee to comply with any provision of this Zoning Ordinance.
1189.11 VARIANCES.
The Board of Zoning Appeals may grant sign variances.
1191.01 NONCONFORMING USE OF BUILDINGS.
Except as otherwise provided herein, the lawful use of a building existing at the effective date of this Zoning Ordinance may be continued and expanded by an amount not to exceed two times its present floor area, although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this Ordinance. (Ord. 1973-9. Passed 12-17-73.)
1191.02 DISCONTINUANCE OF NONCONFORMING USES.
No building or portion thereof used in whole or in part for a nonconforming use in a Residential District, which remains idle or unused for a continuous period of two years, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the Residential District in which it is located.
(Ord. 1979-7. Passed 6-12-79.)
1191.03 DESTRUCTION OF A NONCONFORMING USE.
No building which has been damaged by any cause whatsoever to the extent of more than fifty percent (50%) of the fair market value of the building immediately prior to damage, shall be restored except in conformity with this Ordinance, and all rights as a nonconforming use are terminated. If a building is damaged by less than fifty percent (50%) of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within twelve months of the date of such damage. (Ord. 1973-9. Passed 12-17-73.)
1191.04 NONCONFORMING ADVERTISING SIGNS.
1191.05 CONDITIONAL USES NOT NONCONFORMING.
Existing uses eligible for conditional use permits shall not be nonconforming uses but shall require a conditional use permit for any alteration, enlargement or extension.
(Ord. 1973-9. Passed 12-17-73.)
1191.06 INTERMITTENT USE.
The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(Ord. 1973-9. Passed 12-17-73.)
1191.07 EXISTENCE OF A NONCONFORMING USE.
Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board. (Ord. 1973-9. Passed 12-17-73.)
1191.08 NONCONFORMING USES NOT VALIDATED.
A nonconforming use in violation of a provision of the ordinance which this Zoning Ordinance repeals shall not be validated by the adoption of this Ordinance.
(Ord. 1973-9. Passed 12-17-73.)
CODIFIED ORDINANCES OF CARROLLTON