Within the zoning district the following uses may be permitted, subject to the conditions and restrictions imposed by the Village of Cardington, Ohio, Planning and Zoning Commission pursuant to the provisions of this Zoning Ordinance. Conditionally permitted uses shall be considered and declared abandoned by Planning and Zoning or the Zoning Inspector if said use or uses are discontinued for a period in excess of two (2) years.
(a) Churches and Similar Places of Worship shall be subject to the following restrictions:
(1) There shall be a minimum lot size of two (2) 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.
(b) Kindergarten or Child Care Facilities provided the building occupied by the use is architecturally compatible with the neighborhood and provisions are made for fences to control accessibility of children to adjoining hazardous conditions such a roads, streets, lakes, ponds, etc., or adjacent yards.
(c) Family Care Home 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 the 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 uses of the general vicinity and that such use will not change the essential character of the neighborhood?
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 that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any 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?
(7) 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 of 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.
(8) Required submittal:
A. Information explaining the need for the facility, the clientele to be served and the financial resources that will be used to operate the facility.
B. Identification of similar facilities presently located in the area, including the names of individuals who may be contacted concerning the operation of such facilities.
C. Identification of community facilities and social services that will be used by the clientele of the Family Care Home. Provide an indication from the Administrator of such facilities and services that the clientele of the Family Care Home can be accommodated.
D. A license or evidence of ability to obtain a license from the appropriate gov3rnmental 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 on the subject property. When a license is not required of the applicant by a governmental agency, a written affidavit from the governmental agency to which that applicant has accountability shall be presented as a part 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.
E. A copy of the operational and occupancy standards that will be used in establishing the facility.
F. 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.
(9) Unless modified by this section, the facility shall comply with all other applicable codes and ordinances prior to the issuance of a Zoning Certificate
(d) 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 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 Gates.
(Ord. 97-3. Passed 5-19-97.)