(a) For purposes of this Zoning Ordinance, certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word "structure" and "premises"; the word "shall" is mandatory and not directory; the words "used" or "occupied" include the words "intended", "designed" or "arranged to be used or occupied"; the word "lot" includes the words "plot" or "parcel"; and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.
(1) "Accessory building" means a subordinate building the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
(2) "Accessory use" means a subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
(3) "Agricultural activity" means the use of land for agricultural purposes, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, fur bearing animal farms, and the harvesting, processing, packaging, packing, shipping and selling of products produced on the premises, and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, but not including commercial feed lots.
(4) "Alley" means a public or private thoroughfare which affords only a secondary means of access to abutting property.
(5) "Apartment ," See Dwelling Unit.
(6) "Automobile service station" means any land, building, structure, or premises used for the sale at retail of motor vehicle fuels, oils, or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing or major overhaul of motors, bodies or fenders, of motor vehicles or painting motor vehicles, public garages, and the open storage of rental vehicles or trailers.
(7) "Basement" means a story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes, other than by a janitor employed on the premises. (See Cellar also.)
(9) "Boarding house" means a building, other than a hotel, or apartment hotel where, for compensation and by prearrangement for definite periods of time, lodging, meals or lodging and meals are provided for three or more persons.
(10) "Buildable area" means the area of the lot left to be built upon after the required yards are provided.
(11) "Building" means any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property. Where roofed structures are separated from each other by party walls having no openings for passage, each person so separated shall be considered a separate building.
(12) "Building, height of" means the vertical distance from the grade to the highest point of a flat roof, the deck line of a mansard roof, or the average height between eaves and ridge for gable, hip and gambrel roofs.
(13) "Building Inspector" means the individual designated to administer the Building Code and the Zoning Ordinance and who is responsible for the enforcement of the regulations imposed by each.
(14) "Building setback line" means the minimum horizontal distance between the street line and the front foundation line of a building.
(15) "Cellar" means that part of a building having more than one-half of its height below the average grade of the adjoining ground. (See Basement also.)
(16) "Clerk" means the Clerk-Treasurer of the Village of Carrollton.
(17) "Clinic" means an establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
(18) "Club" means buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
(19) "Commercial feed lot" means an area of land devoted to raising and feeding of livestock where the operation is not a part of normal agricultural activity.
(20) "Commission" means the Planning Commission of Carrollton, Ohio.
(21) "Conditional use" means a use allowed in a zoning district after a permit is granted by the Board of Appeals in accordance with the provisions of this Zoning Ordinance.
(22) "Council" means the Council of Carrollton, Ohio.
(23) "Court" means an open space more than one-half surrounded by buildings.
(24) "District" means a part of the Village wherein regulations of this Zoning Ordinance are uniform.
(25) "Dwelling" means any building or portion thereof which is designed or used exclusively for residential purposes.
(26) “Dwelling, single-family” means a building designed for or occupied exclusively by one family.
(27) "Dwelling, two-family" means a building designed for or occupied exclusively by two families.
(28) “Dwelling, multiple” means a building designed for or occupied exclusively by three or more families.
(29) “Dwelling unit” means one or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, and containing independent cooking and sleeping facilities.
(30) "Family" means one or more persons related by blood, marriage or adoption occupying a dwelling unit as an individual housekeeping organization. A family may not include more than two persons not related by blood, marriage or adoption.
(31) "Farm" see agricultural activity.
(33) "Floor area" means the total number of square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building, but not including porches, garages, or space in a basement or cellar when such basement or cellar space is used only for storage or incidental uses.
(34) "Frontage" means all the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.
(35) "Garage, private" means a detached accessory building or portion of a main building, including a carport, housing the automobiles of the occupants of the premises, but not commercial vehicles.
(36) "Garage, public" means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
(37) "Garage, storage" means any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
(38) "Grade" means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
(Ord. 1973-9. Passed 12-17-73.)
(39) "Home occupation" means any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate, not more than one square foot in area, and all items such as equipment or products are stored inside so as not to change the outer appearance of the lot wherein inventory would be retained on the premises, no person is employed other than a member of the immediate family residing on the premises and one or two parking spaces will be devoted, or if need exists, and no mechanical equipment may be used that in any way shall create a potential disruption of peaceful enjoyment by adjacent or neighboring property owners. (Ord. 1979-7. Passed 6-12-79.)
(40) "Hotel" means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house as herein defined.
(41) "Institution" means a nonprofit establishment for public use.
(42) “Kennel” means an establishment where small animals are boarded for compensation or where dogs bred or raised on a commercial scale basis.
(43) “Landscaped area” means an area that is permanently devoted to and maintained for the growing of shrubbery, grass and other plant material.
(44) “Loading space” means a space within the main building or on the same lot for the standing, loading or unloading of trucks, having a minimum area of 540 square feet, a minimum width of twelve feet, a minimum depth of thirty-five feet, and a vertical clearance of at least fourteen and one-half feet.
(45) “Lodging or rooming house” means the same as “boarding house.”.
(46) “Lot” means a parcel of land occupied or intended for occupancy by a use permitted in these regulations, including one main building together with its accessory buildings, open spaces and parking spaces required by these regulations, and having its principal frontage upon a road or street.
(47) “Lot, corner” means a lot abutting upon two or more streets at their intersections.
(48) “Lot, depth” means the mean horizontal distance between the front and rear lot lines.
(49) “Lot, interior” means a lot other than a corner lot.
(50) “Lot, double frontage” means a lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.
(51) “Lot, width” means the width of a lot at the front yard line.
(52) “Lot of record” means a lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this ordinance.
(Ord. 1973-9. Passed 12-17-73.)
(53) “Manufactured Home” means a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the secretary of housing and urban development pursuant to “Manufactured Housing Construction and Safety Standards Act of 1974.”
(54) “Manufactured Home Park” means any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. (Ord. 2003-9. Passed 6-9-03.)
(55) “Motel, motor court, motor lodge, or tourist court” means any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients or automobile travelers.
(56) “Nonconforming use” means the lawful use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is located.
(57) “Nursing home” means a home for the aged or infirm in which three or more persons, not members of the immediate family, are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
(58) “Open area” means that part of a lot on which no part of a building or structure extends above the following elevations:
Two feet above the highest curb elevation of the street or streets that bound the lot;
One foot above the adjacent curb elevation for each one and one- fourth foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed twelve feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four feet above the adjacent curb elevation.
(59) “Parking space” means a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, not less than nine feet wide and twenty feet long, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.
(60) “Premises” means a lot together with all buildings and structures thereon.
(61) “Rooming house” means the same as boarding house.
(62) “Rowhouse” means same as townhouse.
(65) “Solicitor” means legal counsel of the Village Carrollton, Ohio.
(66) “Standard tree” means a tree with a minimum caliper of two and one-half inches, measured at a point twelve inches above the actual or intended ground level of such tree, ten to twelve feet high, of a deciduous hard wood variety normally capable of attaining a twenty-five foot diameter when the tree is twenty years old.
(67) “Standard shrub” means any bush or small evergreen tree occupying a space of at least eighteen cubic feet.
(68) “Street” means a public way which affords the principal means of access to abutting property.
(69) “Street centerline” means a line halfway between the street lines.
(70) “Street line” means a dividing line between a lot and a contiguous street.
(71) “Structure” means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
(72) “Structural alteration” means any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.
(73) “Tourist home” means an establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.
(74) “Townhouse or rowhouse” means a building that has one-family dwelling units erected in a row as a single building, on adjoining lots, each being separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides.
(75) “Trailer court” means an area where one or more travel trailers are parked or intended to be parked.
(76) “Travel trailer” means a trailer, pick-up camper, tent trailer, converted bus or other vehicle, or similar device used for temporary portable housing.
(77) “Use” means the purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained.
(78) “Yard” means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in these regulations.
(79) “Yard, front” means a yard across the full width of the lot extending from the front line of the main building to the front line of the lot. On corner lots the front yard shall face the shortest street dimension of the lot except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.
(80) “Yard, side” means a yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
(81) “Yard, rear” means a yard extending the full width of the lot between a principal building and the rear lot line.
(82) “Yard width and depth” means the shortest horizontal distance from a lot line to the main building.
(Ord. 1973-9. Passed 12-17-73.)
(83) “Permanently sited manufactured home” means a manufactured home that meets all of the following criteria:
A. The structure is affixed to a permanent foundation and is connected to appropriate facilities;
B. The structure, excluding any addition, has a width of at least twenty-two feet at one point, a length of at least twenty-two feet at one point, and a total space, excluding garages, porches, or attachments, of at least nine hundred square feet;
C. The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six inch minimum eave overhang, including appropriate guttering;
D. The structure has never been previously titled;
E. The structure is not located in a manufactured home park.
(Ord. 2003-8. Passed 6-9-03.)