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1. Statement of Intent. Within the various districts established by this chapter or its amendments there exist structures and uses of land with or without structures which are lawful or vested non-conforming uses prior to the adoption of this chapter in its amendments, but which would be prohibited, regulated or restricted under the provision of this chapter. It is the intent of this chapter to permit those non-conformities to continue even though they are incompatible with the district in which they are located so long as provisions hereinafter set forth are complied with. It is the general intent of this chapter to restrict non-conformities so that compatibility of land use and zoning will prevail.
2. Non-Conforming Uses of Land. The lawful use of land upon which no building or structure is erected or constructed, which is a vested non-conforming use under this and prior zoning ordinances as adopted or amended, may be continued as long as such use remains otherwise lawful, subject to the following provisions:
A. No such non-conforming use shall be enlarged, increased or extended to occupy a greater area of land.
B. No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel.
C. No structure or building shall be constructed on or moved onto the land, unless the use is changed to a use permitted in that district.
D. If any non-conforming use of land ceases for any reasons for a period of one (1) year, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.
3. Non-conforming Uses of Structures. If a lawful use of vested non-conforming use of a structure and land in combination exists at the effective date of adoption or amendment to these regulations, that would not be allowed in the district under the terms of these regulations, the use may be continued so long as it remains otherwise lawful, subject to the following provisions.
A. No existing structure devoted entirely or in part to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, reconstructed, moved or structurally altered, unless the use is changed to a use permitted in the district in which the structure is located, or this it is not enlarged or altered in anyway which increases the degree or nature of its non-conformity, and, provided that any enlargement or addition shall conform to current zoning regulations. Should the structure causing a non-conforming use be destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at the time of destruction, exclusive of the foundation, it shall not be reconstructed.
B. Any vested non-conforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time it became non-conforming. No such use shall be extended to any land outside such building.
C. If no structural alterations are made, a vested non-conforming use of a structure may be changed to another non-conforming use of a similar nature or a more restrictive classification. Whenever a non-conforming use has been changed to one of a more restrictive classification, or to a conforming use, such use shall not thereafter be changed to one of a less restrictive classification. Any proposed change or addition in usage of a non-conforming structure must first be reviewed by the Planning and Zoning Commission. Such review shall consider such features as similarities of use, character of use, traffic generation, and other applicable features. A recommendation shall be forwarded to the Zoning Board of Adjustment for review and determination if the proposed use is of a similar nature or one of a more restrictive classification. The Board of Adjustment shall then approve or disapprove the proposed use.
4. Non-Conforming Structures. Where a vested non-conforming structure is non-conforming by reasons of restriction on area, lot coverage, height, yards, or other characteristics of the structure and its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. That it is not enlarged or altered in a way which increases its non-conformity, and provided that such enlargement or addition conforms in all respects to existing zoning regulations.
B. Should it be destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at the time of destruction, exclusive of the foundations, it shall not be reconstructed except in conformity with the provisions of this chapter.
C. Maintenance and Repair to vested Non-conforming Structures. Nothing in this section shall prohibit the maintenance and repair of vested non-conforming structure to keep such structures in sound and safe condition, provided that no structural enlargement, extension, alteration, or change shall be made to increase the degree of non-conformity.
5. There may be change of tenancy, ownership, or management of any existing non-conforming use of land, structure, or land and structure providing there is not a change in the nature or character of said non-conforming use.
1. Statement of Intent. This district is intended to accommodate areas predominantly agricultural in character or undeveloped for urban use.
2. Principal Permitted Use. A building or premises shall be used only for the following purposes:
A. Agricultural crops, including truck gardening, but not raising of poultry, pets, or livestock for commercial purposes, or on a scale that would be objectionable because of noise or odor or sight to surrounding residences.
B. Plant nurseries including greenhouses.
C. Stables.
D. Cemeteries.
E. Public or private parks, playgrounds, historical sites, golf courses, and other outdoor recreation facilities which are commonly, but not necessarily, operated on a non-profit basis; however, amusement parks, golf driving ranges, golf miniature putting courses, normally operated for profit and employing manufactured or constructed facilities of an unnatural or non-environmental design shall be excluded.
F. Country Clubs.
G. Churches.
H. Schools and colleges, public and private.
I. Public utility and public service installations and facilities excluding business offices and repair and storage facilities.
J. Single family detached dwellings, provided the minimum width for any building elevation shall not be less than twenty (20) feet.
K. Accessory buildings and uses incidental to the principal use, including outdoor swimming pools.
L. Private garages or parking areas.
3. Special Uses. The following special uses are permitted in the "A-1" District only in accordance with the provision set forth hereinafter.
A. Gasoline service stations and neighborhood and convenience stores which front on either a collector or arterial street with hours of operation between 7:00 a.m. and 10:00 p.m. Gasoline service stations shall refer to any building or premises used for the retail sale of automotive fuels, oils, and other items customarily associated with the sale of such products, but not for the purpose of making other than minor repairs.
4. Minimum Requirements. The following minimum requirements shall be observed:
A. Lot Area Single family dwelling - 43,560 sq. ft. (excluding rights-of-way)
B. Lot Width Single family dwelling at building line, 100 ft.
C. Front Yard 50 feet minimum
D. Side Yard 20 feet minimum
E. Rear Yard 50 feet minimum
5. Off-Street Parking Requirements. Two per unit required for single family dwellings; and for all other permitted uses as required in Section 170.34.
1. Statement of Intent. This district is intended to accommodate areas predominately agricultural in character or undeveloped for urban use and which are beyond the corporate limits but which fall in the extended area set out in the 28E Agreement between the City of Carroll and Carroll County for zoning, platting and building code control.
2. Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A. Agricultural purposes including necessary buildings and structures which shall be used for agriculture including but not limited to farming, dairying, pasturage, horticulture, floriculture and animal and poultry husbandry and the necessary accessory uses for packing, treating and storing, the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
B. Public parks, playgrounds and recreational areas.
C. Public utility and public service installations and facilities.
D. Cemeteries of 10 acres or more in size.
E. Churches, chapels or parish houses located not less than 20 feet from any side lot line in any “R” District.
F. Any building or structure occupied or used for nursery, elementary, junior high or high schools, public libraries and similar public cultural uses located not less than 20 feet from any side lot line.
G. Sale of nursery and greenhouse products.
H. Railroad rights of way and trackage, not including switching, storage, terminal facilities or freight yards.
I. Single Family detached dwellings.
J. Transformer stations or booster or pressure regulating stations without service yard or storage.
K. Accessory buildings and uses incidental to the principal use, including outdoor swimming pools.
L. Private parking areas.
M. Hospitals, sanitariums, rest homes, nursing homes, convalescent home, or similar institutions that are connected and served by City of Carroll public water and sanitary sewer systems.
(Ord. 1703 - May-17 Supp.)
3. Special Uses: The following special uses are permitted in the “A-2” District only in accordance with the provisions set forth hereinafter.
A. Home occupations.
B. When granted Special Use Permit by the Board of Adjustment after consultation with the Planning and Zoning Commission:
(1) Sanitary landfills, in accordance with County and State regulations except that no sanitary landfill shall be operated within 1,320 feet of any “R” District.
(2) Removal and loading of minerals, sand and gravel, including equipment, buildings or structures for screening, crushing, mixing, washing or storage located not less than 500 feet from any “R” District and suitably distant or properly screened from any designated scenic highway.
(3) Privately operated country clubs, golf courses, marinas or docking facilities, guest ranches, swimming clubs, riding stables, lakes, resorts or similar recreational uses provided that any principal or accessory building in connection therewith shall be located above flood hazard elevation and not less than 200 feet from any lot in an “R” District.
(4) Airports and landing fields.
(5) Rural business enterprise. A small business which is clearly secondary to the principal permitted use of a single-family dwelling. Such business enterprise shall be owned by the owner of the single-family dwelling located thereon. A Rural Business Enterprise may include manufacturing, assembling, compounding, packaging, processing, or treatment of products or raw materials. It may also include the storage of raw materials to be used in production, goods in process, or manufactured items. These uses are of such nature they require isolation from other kinds of land uses allowed within an A-2 Agricultural District which is intended to accommodate areas predominately agricultural, rather than industrial, in character. The following restrictions shall also apply to a Rural Business Enterprise.
a. Any Special Use Permit granted under this Section for a Rural Business Enterprise shall be for businesses whose primary use is agricultural in nature.
b. A Rural Business Enterprise may be permitted on an adjacent vacant parcel in this district provided that the adjacent vacant parcel is owned by the same owner of the principal single-family dwelling.
c. Rural Business Enterprises may be permitted on vacant parcels across a public right-of-way so long as the parcel is within 200 feet of the property owned and occupied as the principal single-family dwelling and said vacant parcel is owned by the same owner as the dwelling.
d. A Rural Business Enterprise shall be limited to one structure which shall be no larger than 20,000 square feet and shall comply with existing height and lot restrictions established in this district.
e. A structure used for a Rural Business Enterprise shall comply with all state and local building code requirements.
f. All equipment and materials outside the structure shall be stored inside a privacy fenced area on the same parcel.
g. A Rural Business Enterprise shall employ no more than Fifteen (15) employees, including both full and part-time.
h. Only wall signs shall be permitted for a Rural Business Enterprise. The total square footage of the sign face area shall not be greater than 32 square feet and shall not be illuminated.
i. Only one Rural Business Enterprise may be permitted per single-family dwelling.
k. Special use permit applications and standards must be satisfied as established and required in Section 170.36.
(Ord. 2302 - Jul. 23 Supp.)
4. The following minimum or maximum requirements shall be observed:
A. Lot area: The minimum lot area shall be 5 acres.
B. Lot width: 300 feet minimum
C. Front Yard: 80 feet minimum along state and federal roads 60 feet minimum along other public roads.
D. Side Yards: 30 feet minimum
E. Rear Yard: 100 feet minimum
F. The maximum height for a principal structure shall be 30 feet and 15 feet for an accessory structure, except as provided in Section 170.32(1).
5. Off-Street Parking Requirements: Two per unit required for single family dwelling; and for all other permitted uses as required in Section 170.34.
1. Statement of Intent. The intent of the “R-1” District is to establish and preserve a quiet, single unit residential neighborhood, preserving large amounts of residential open space, free from other uses, except those which are compatible with and convenient to the residents of such a district.
2. Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A. Single family detached dwellings, provided the minimum width for any building elevation shall not be less than twenty (20) feet.
B. Accessory buildings and uses incidental to the principal use, including outdoor swimming pools.
C. Public or private parks, playgrounds, historical sites, golf courses, and other outdoor recreational facilities which are commonly, but not necessarily, operated on a non-profit basis; however, amusement parks, golf driving ranges, golf miniature putting courses, normally operated for profit and employing manufactured or constructed facilities of an unnatural or non-environmental design shall be excluded.
D. Schools and colleges, public and private.
3. Special Uses. The following special uses are permitted in the “R-1” District only in accordance with the provisions set forth hereinafter:
A. Home Occupations.
B. Public utility and public service installations and facilities excluding business offices and repair and storage facilities.
C. Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
4. Minimum Requirement. The following minimum requirements shall be observed:
A. Lot Area: The minimum lot area shall be 10,000 sq. ft. for a single family dwelling.
B. Yards: The yards shall be as follows:
(1) The front yard shall be a minimum of 35 feet.
(2) The side yards shall be a minimum of ten (10) feet, except for a corner lot shall be a minimum of thirty-five (35) feet on the side abutting the street. A garage attached to the dwelling may be located five (5) feet from the side lot line, but not a street line.
(3) The rear yard shall be a minimum of 20 feet.
5. Off-Street Parking Requirements. Two per unit required for single family dwellings; and for all other permitted uses as required in Section 170.34.
1. Statement of Intent. This district is intended to provide for low density residential areas with single family dwellings and two family dwellings.
2. Principal Permitted Uses. A building or premises shall be used only for the following purposes.
A. Single Family detached dwellings, provided the minimum width for any building elevation shall not be less than twenty (20) feet.
B. Two family dwellings.
C. Churches, convents, rectories, or manses.
D. Schools and colleges, public and private.
E. Hospitals, sanitariums, rest homes, nursing homes, convalescent homes, or other similar institutions.
F. Funeral homes or mortuaries.
G. Public and private parks, playgrounds, historical sites, golf courses, and other outdoor recreational facilities which are commonly, but not necessarily, operated on a non-profit basis; however, amusement parks, golf driving ranges, golf miniature putting courses, normally operated for profit and employing manufactured or constructed facilities of an unnatural or non-environmental design shall be excluded.
H. Public buildings, libraries, community buildings, or other similar public buildings.
I. Cemeteries.
J. Accessory buildings and uses incidental to the principal use, including outdoor swimming pools.
3. Special Uses. The following special uses are permitted in the “R-2” District only in accordance with the provisions set forth hereinafter.
A. A use permitted as a special use in the “R-1” District.
4. Minimum Requirements. The following minimum requirement shall be observed:
A. Lot Area: The minimum lot area shall be 7,500 sq. ft. for a single family dwelling and 10,000 sq. ft. for a two family dwelling. Vacant lots having an area of less than 7,500 sq. ft. and of record at the effective date of this ordinance may be occupied by a single family dwelling, provided the yard requirements of this section are complied with.
B. Yards: The yards shall be as follows:
(1) The front yard shall be a minimum of 35 feet.
(2) The side yards shall be a minimum of ten (10) feet, except on a corner lot, the side yard shall be a minimum of thirty-five (35) feet on the side abutting the street. A garage attached to the dwelling may be located five (5) feet from the side lot line, but not a street line.
(3) The rear yard shall be a minimum of 20 feet.
5. Off-Street Parking Requirements. Two per unit for single family and two family dwellings; and for all other permitted uses as required in Section 170.34.
1. Statement of Intent. This District is an overlay zoning that may be used in addition to existing zoning such as A or R Districts. Its intent is threefold:
A. To preserve agricultural use of land in areas beyond the corporate limits but which fall in the area set out in the 28E Agreement between the City of Carroll and Carroll County for zoning control.
B. To encourage the ordered development of housing in those areas immediately adjacent to existing housing within and abutting the city.
C. To avoid the many problems inherent in the development of 5 acre lots in areas not adjacent to current development. These problems include “hop-scotch” developments that are difficult to provide with city services as the city expands, and “land-locking” of areas resulting from development of land abutting roadways with no planned access to inner lots.
2. Exception for existing homes. This ordinance shall have no effect on homes or platted lots in existence as of the date of enactment or the ordinance by the City of Carroll.
3. Principal Permitted Uses. A building or premise shall be used only for the purposes designated by the underlying zoning.
4. Special Uses. The special uses that are permitted in the A – P Overlay District shall be those allowed by, and according to the procedures provided in, the underlying zoning.
5. Minimum Requirements.
A. Lot size.
(1) No lot less than 20 acres will be allowed in A-P areas zoned A1 or A2.
(2) A-P areas also zoned R are prohibited from having lots or parcels greater than 2 acres but less than 20 acres. Minimum lot size must conform to the designated zoning.
(3) Uses in the A-P area including commercial, public facilities, institutional facilities, group living (not including apartments), or parks that are connected and served by City of Carroll public water and sanitary sewer systems shall have no minimum lot size except as otherwise required by the underlying zoning district. This exception applies even when a property is zoned Al, A2, or R.
(Ord. 1703 - May-17 Supp.)
B. Width requirements. No lot in any A-P area also zoned A may have road or street frontage less than 300 feet, measured at the street.
6. Corridor Preservation. No lot in any A-P area may be platted, and no building permit shall be issued, that would deny future access to interior areas within any quarter quarter section. As a minimum, there must be left in any quarter quarter section sufficient land for a future 100-feet wide access lane or road to parcels not on street or road frontage, and no plat, survey or subdivision shall be approved which fails to preserve such a corridor of access.
7. Off-Street Parking Requirements. Off-street parking requirements shall be as permitted by the underlying zoning.
1. Statement of Intent. This district is intended to provide for low density residential areas with single family dwellings and two family dwellings.
2. Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A. Any principal use permitted in the “R-2” District.
3. Special Uses. The following special uses are permitted in the “R-3” District only in accordance with the provisions set forth hereinafter:
A. Any special use permitted in the “R-2” District.
4. Minimum Requirements. The following minimum requirements shall be observed;
A. Lot Area: The minimum lot area shall be 6,000 sq. ft. for a single family dwelling and 8,500 sq. ft. for a two family dwelling.
B. Yards:
(1) The front yard shall be a minimum of 30 feet.
(2) The side yard shall be a minimum of seven and one-half (7 1/2) feet, except on a corner lot the side-yard shall be a minimum of thirty (30) feet on the side abutting the street. A garage attached to a dwelling may be located five (5) feet from the side lot, but not a street line.
(3) The rear yard shall be a minimum of 15 feet.
5. Off-Street Parking Requirements. Two per unit for single family and two family dwellings; and for all other permitted uses as required in Section 170.34.
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