Within this zoning district the following uses may be permitted, subject to the conditions and restrictions imposed by the Village of Cardington, Ohio, Planning & Zoning Commission pursuant to the provisions of this zoning ordinance. Conditionally permitted uses shall be considered and declared abandoned if said uses are discontinued for a period in excess of two years.
(a) Private outdoor recreation areas shall be subject to the following restrictions.
(1) Minimum Site Size: Ten (10) acres.
(2) Minimum Yard Requirements:
Front Yard: Fifty (50) feet, except one hundred (100) feet when fronting on a state highway.
Side Yard: Forty (40) feet.
Rear Yard: Fifty (50) feet.
(3) The site shall have adequate access onto a hard surfaced state highway or municipal street that is regularly maintained and adequate to handle the additional traffic generated by the use.
(4) A Development Plan shall be submitted with the application.
(5) A Landscape Plan, including quantities, sizes and varieties of landscaping, shall be submitted with the application.
(6) Parking areas shall be a minimum distance of fifty (50) feet from residential uses.
(7) An outdoor artificial lighting plan shall be submitted with the application.
(b) Kennels and Catteries shall be subject to the following restrictions:
(1) No building or structure used for the purpose of a kennel shall be located closer than four hundred (400) feet from the lot line of any lot within a Residential District, or any lot occupied by a church, school, or any institution for human care.
(2) No commercial activity may take place on said premises.
(c) Public or Private Schools and Colleges subject to the following restrictions:
(1) Minimum site size: Fifteen (15) acres.
(2) Instructional areas, whether improved with buildings or not, shall provide adequate parking areas for faculty, staff and students. Such parking may not exist within the right of way of any road or highway.
(3) Off-street parking areas shall be suitably screened from view from adjacent existing residential developments.
(4) A heavily vegetated buffer strip, not less than fifty (50) feet in width, shall be planted along the lot line where the Institution of Higher Learning is located adjacent to any Residential District.
(d) Churches and similar Places of Worship shall be subject to the following restrictions:
(1) There shall be a minimum lot size of five (5) acres.
(2) All structures, including accessory buildings, shall be set back a minimum distance of at least fifty (50) feet from the front lot line.
(3) Access to a major thoroughfare shall be provided by at least two (2) entrance/exits.
(4) All parking areas shall be screened from view from any adjacent existing or platted residential areas.
(e) Cemeteries subject to the following restrictions:
(1) Minimum site size: Forty (40) acres.
(2) Any mausoleum or crematory operated therein shall be located at least three hundred (300) feet from any property boundary.
(3) No interment shall be permitted in said cemetery nearer than fifty (50) feet to any property line or to the right of way line of any adjoining road or street.
(f) Water Impoundments shall be subject to the following restrictions:
(1) Water impoundments shall include all ponds and lakes.
(2) No impoundment shall be located closer than twenty-five (25) feet to the right of way line or fifty-five (55) feet of the center line of any adjacent public right of way.
(3) All installed swimming pools, or the entire property upon which they are located, shall be walled or fenced to prevent uncontrolled access by individuals from the street or from adjacent properties. Said fences shall be solid wood, chain link, or masonry and not less than five (5) feet in height, and shall be maintained in good condition with a self-locking gate.
(4) Normally dry retention basins are excluded from these requirements.
(g) Resource and Mineral Extraction Operations shall be subject to the following restrictions:
(1) The applicant must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties.
(2) All equipment used in these operations shall be constructed, maintained and operated in such a manner as to eliminate so far as practical, noise, vibration, or dust which would injure or annoy persons living in the vicinity.
(3) No mining, quarrying, or gravel or sand extraction shall be permitted nearer than fifty (50) feet to the boundary of the property being utilized for such use.
(4) In order to insure adequate lateral support, all sand and gravel excavations shall be located at least one hundred (100) feet, or backfilled to at least one hundred fifty (150) feet, and all quarrying or blasting shall be located at least fifty (50) feet from the right of way line of any existing or platted street, road, highway or railway, except that such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the grade of the existing or platted street, road, or highway.
(5) All excavations of gravel or sand shall either be made to a water-producing depth, plus five (5) feet or graded and/or backfilled with non-noxious and non-flammable solids to assure:
A. That the excavated area will not collect and retain stagnant water, and
B. That the graded or backfilled surface will create a gently rolling topography to minimize erosion by wind and rain and substantially conform with the contours of the surrounding area.
(6) The banks of all excavations not backfilled shall be sloped to the water line at a grade of not less than two (2) feet horizontal to one (1) foot vertical and such banks shall be sodded or surfaced with at least six (6) inches of suitable soil and seeded with grass. Spoil banks shall be graded to a level suiting the existing terrain and planted with trees, shrubs, legumes, or grasses where revegetation is possible. Where flood water may occur, spoil banks shall be high enough to prevent overflow of flood water into the gravel pits and shall be sloped, graded, and seeded as prescribed herein.
(7) Whenever the floor of a quarry is more than five (5) feet below the average grade of the highway, road, street, or land adjacent thereto, the property containing such quarry shall be completely enclosed by a barrier consisting of not less than a six (6) foot mound of earth planted with suitable dense planting or other suitable material sufficient in either case to prevent persons from trespassing thereon or passing through. Such mound shall be located at least twenty-five (25) feet from any street, road, highway or boundary of the quarry property.
(8) All quarrying, blasting, drilling or mining shall be carried out in a manner and on such scale as to minimize dust, noise, and vibrations and to prevent adversely affecting the surrounding properties.
(9) When any quarrying has been completed, such excavated areas shall either be left as a permanent spring-fed lake if such lake has an average depth of twenty (20) feet or more, or the bottom floor thereof shall be leveled to prevent the collection and stagnation of water and to provide drainage without excessive soil erosion, and said floor shall be covered with soil of adequate thickness for the growing of turf or other ground cover. The edge of such excavation shall be further protected by construction of a barrier consisting of not less than a six (6) foot mound of earth planted with a double row of bushes or other equally effective planting.
(10) The Village of Cardington, Ohio, Planning & Zoning Commission may require a performance bond in an appropriate amount to ensure that adequate restoration measures be undertaken and completed by the applicant.
(11) All conditional use applications for resource and mineral extractions operations shall be reviewed by the Village of Cardington, Ohio, staff and engineers.
(h) Family Care Homes shall be subject to the following restrictions:
(1) Every room occupied for sleeping purposes within the home shall contain a minimum of eighty (80) square feet of habitable room area for one occupant, and when occupied by more than one individual shall contain at least sixty (60) square feet of habitable room area for each occupant. No such facility shall use living rooms, dining rooms, entry ways, closets, corridors, outside porches, or cellars as sleeping rooms.
(2) The Family Care Home shall provide not less than twenty-five (25) square feet per person of suitable indoor recreation area and not less than seventy- five (75) square feet of outdoor recreation open space per person, exclusive of required front and side yards, and parking areas, consolidated in a useful configuration and location provided on the site.
(3) No exterior alterations of the structure shall be made which depart from the residential character of building. All new structures shall be compatible in residential design with the surrounding neighborhood.
(4) All exterior lighting fixtures will be shaded wherever necessary to avoid casting direct light upon any adjoining property located in a Residential District.
(5) No Family Care Home should be located within a one-quarter (1/4) mile radius of another such facility in a given neighborhood.
(6) Criteria for Evaluation:
A. Is in fact the facility licensed by and/or has legal accountability to an established social service agency of local government and that sufficient controls can be exercised to insure continued compliance to the provisions of this Section?
B. Is in fact the facility needed based upon the evidence submitted by the applicant?
C. Will the proposed facility be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or officially planned uses of the general vicinity and that such use will not change the essential character of the neighborhood?
D. Will the proposed facility not be hazardous or disturbing to existing or officially planned future neighborhood uses from the standpoint of noise, lights, congestion, or traffic generation which would be incompatible with the neighborhood environment?
E. Will the proposed facility be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools, or the persons or agencies responsible for the establishment of the proposed facility be able to provide adequately any and all such services?
F. Will the proposed facility have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on public thoroughfares?
G. In the event that the Family Care Home should come under new ownership, the facility’s existing Zoning Certificate shall be rendered null and void at the time the change of ownership. The new owner shall apply for and obtain a new Zoning Certificate for the facility, and may do so prior to the change in ownership in order to ensure continuity of the facility’s operation.
H. Required submittal:
1. Information explaining the need for the facility, the clientele to be served and the financial resources that will be used to operate the facility.
2. Identification of similar facilities presently located in the area, including the names of individuals who may be contacted concerning the operation of such facilities.
3. Identification of community facilities and social services that will be used by the clientele of the Family Care Home, including an indication from the Administrator of such facilities and services that the clientele of the Family Care Home can be accommodated.
4. A license or evidence of ability to obtain a license from the appropriate governmental agency. Prior to the issuance of a permanent Zoning Certificate, the applicant shall provide evidence that a valid license has been issued or is obtainable for the proposed conditional use of the subject property. When a license is not required of the applicant by a governmental agency, a written affidavit shall be presented as a part of the application by the governmental agency to which that applicant has accountability stating that a license is not required. The affidavit shall further state and describe the procedures that have been established in lieu of licensing to insure that the provisions of this Section are carried out and the types of controls that the governmental agency can exercise in this regard.
5. A copy of the operational and occupancy standards that will be used in establishing the facility.
6. A detailed plan of services and programs to be offered the clientele of the facility, including the nature of care to be provided and the types of services to be offered, and the individuals and/or agencies who will be responsible for administering such care and services.
I. Unless modified by this Section, the facility shall comply with all other applicable codes and ordinances prior to the issuance of a Zoning Certificate. (Ord.97-3. Passed 5-19-97.)