Within this zoning district the following uses may be permitted, subject to the conditions and restrictions imposed by the Planning and Zoning Commission pursuant to the provisions of Chapter 1131 of this Planning and Zoning Code. Conditionally permitted uses shall be considered and declared abandoned if said use or uses are not commenced within one (1) year or are discontinued for a period in excess of two (2) years. Unless the Conditional Use Permit specifically provides that the grant shall be permanent and shall run with the land, the sale or conveyance of the land or structure wherein the same is located or upon which the same is granted shall void the Conditional Use Permit and the subsequent owner(s) or his agent shall be required to re- apply for a continuation and/or modification of such use(s) to the Planning and Zoning Commission. A designation by the Planning and Zoning Commission that a permit is permanent and shall run with the land does not affect the right of authorities to revoke the permit for failure to comply with conditions imposed.
(d) Model Homes, the same being defined as residential-type structures used as sales offices by a builder/developer and to display the builder/developer's product. The same may be furnished within, since its purpose is to display to prospective buyers the builder/developer's features (such as exterior siding treatments, roofing materials, interior trim, moldings, floor coverings, etc.) in the environment of a completed home, and may be staffed by the builder/developer's sales force. Model homes shall be subject to the following restrictions:
(1) Lighting. All exterior lighting must be "downlighting", so that absolutely no light shall be cast onto adjoining residential properties. All off-street parking areas must be illuminated. All exterior lighting shall be extinguished at the closing time of the model home, except that which is in character with those found on surrounding homes.
(2) Parking. All model homes shall provide off- street paved parking for the public. The driveway of the model home may be utilized for not more than two (2) parking spaces.
(3) Termination of Use. The use of model homes within a residential subdivision, or within any single phase of a multi-phase subdivision, shall terminate when zoning certificates of compliance have been issued for ninety percent (90%) of the lots therein. The model home must be returned to its original state of a single family dwelling including, but not limited to, architecture, garage, landscaping, driveway and sidewalks.
(e) Borrow Pit, unless included as a designed wet pond or dry basin in the approved development plan and standards. Otherwise, a borrow pit may be permitted subject to the conditions and restrictions imposed by the Planning and Zoning Commission, provided that it is less than 10,000 square feet in size, in accordance with the following regulations, and provided that such excavation and required rehabilitation shall be completed within one (1) year from the date of issuance of a Certificate of Zoning Compliance.
(1) The applicant shall clearly state, in the application, their intentions as to rehabilitation of the excavation.
(2) No excavation shall be made from the banks or beds of Raccoon Creek or any other such stream or waterway designated as necessary to the Flood Control Program of Licking County and no excavation shall be permitted closer than two hundred (200) feet of either bank of the above named rivers and creeks.
(3) Yard Requirements. An excavation shall be located one hundred (100) feet or more and back-filled to one hundred and fifty (150) feet from a street right-of-way line. Excavation shall be no closer than fifty (50) feet to a property boundary line, except with the written consent of said adjacent property owner.
(4) No plants or equipment for processing of extracted materials or other ancillary operations shall be permitted.
(5) Rehabilitation Plan. Extraction shall be permitted only from areas for which there is a Rehabilitation Plan approved by the Planning and Zoning Commission. All such Rehabilitation Plans shall include the following:
A. A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within five hundred (500) feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five (5) feet or less.
B. Existing and proposed drainage of the area.
C. Details of regrading and revegetation of the site during and at conclusion of the operation.
D. The banks of all extraction, when not back-filled, shall be sloped at a grade of not less than two (2) feet horizontal to one (1) foot vertical. This slope shall be maintained twenty (20) feet beyond the water line if such exists.
E. Soil banks shall be graded to a level suiting the existing terrain.
F. All banks and extracted areas shall be surfaced with at least six (6) inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses and maintained until the soil is stabilized.
G. When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be filled and leveled in such manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements.
H. An area to be rehabilitated as a permanent spring-fed lake shall be in compliance with the requirements of Section 21.05 and the provisions of this section. In the event of a conflict between the provisions of Section 21.05 and the provisions of this section, the more restrictive provisions shall control.
I. An area to be rehabilitated by refilling and grading shall utilize only clean fill, and the use of scrapped wood, tree stumps or construction debris as fill material is prohibited.
J. All equipment shall be removed within seven (7) days of the completion of the extraction of materials.
(Ord. 12-2022. Passed 7-5-22.)