Cardington City Zoning Code
TITLE ONE
Zoning
APPENDIX A FEES
A.) ZONING FEES / DEPOSITS; RESIDENTIAL | |
For: | Charge: |
1. Zoning Certificate - (Building Permit) | $100.00 |
2. Certificate of Use - FINAL INSPECTION | $50.00 |
3. Conditional Use - (Temporary Rezone) | $250.00 |
4. Change of Extension of Nonconforming use, PLUS all legal, engineering, advertising costs to be paid by owner/ Developer prior to final inspection | $100.00 |
5. Variance (USE Permit) PLUS, all legal, engineering, advertising costs to be paid by owner/developer prior to final inspection | $250.00 |
6. Temporary Use PLUS, all legal, engineering, advertising costs to be paid by owner/developer prior to final inspection | $100.00 |
7. Planned Development Review PLUS, Deposit amount set by Village engineers, all legal, advertising costs to be paid by owner/developer prior to final inspection | $500.00 |
8. Subdivision Review Application PLUS, Deposit amount set by Village engineers, all legal, advertising costs to be paid by owner/developer prior to final inspection | $500.00 |
9. Rezoning PLUS, all legal, engineering, advertising costs to be paid by owner/developer prior to final inspection | $250.00 |
10. Sign Permits PLUS $10.00/ sq. ft. | $100.00 |
11. ROW Permits PLUS, deposit to be determined by Zoning Inspector B BEGINNING @ $1,000.00 | $100.00 |
12. POST Inspection Fees These fees need to be paid at time of application. | $50.00 |
13. ONSITE Inspection Fees | $110.00 per hr. |
14. Flood Hazard Permits PLUS, all legal, engineering, advertising costs to be paid by owner/developer prior to final inspection | $1,000.00 |
15. Solicitors Permit | $50.00 |
16. This amended Zoning Ordinance shall include a project review of site plan Improvements for conformance with State and Local codes or engineering requirements. Either an in-house review or contractual review of the actual costs incurred shall be reimbursed to the Village. The Zoning Clerk can demand and secure prepayment of these fees, based upon reasonable estimates. | |
17. All fees set forth above paid at the time of application shall be non-refundable. Any deposits made, to the extent not utilized, shall be refunded. | |
B. ZONING FEES/DEPOSITS; BUSINESS AND MANUFACTURING | |
1. Zoning Certificate (Building Permit) PLUS, all legal, engineering, advertising costs to be paid by owner/developer prior to final inspection | $100.00 |
2. Certificate of Use - FINAL INSPECTION | $50.00 |
3. Variance (USE Permit) PLUS, all legal, engineering, advertising costs to be paid by owner/developer prior to final inspection | $250.00 |
4. Rezoning PLUS, all legal, engineering, advertising costs to be paid by owner/developer prior to final inspection | $250.00 |
5. Sign Permits PLUS $10.00/ sq. ft. | $100.00 |
6. ROW Permits PLUS, deposit to be determined by Zoning Inspector BEGINNING @ $1,000.00 | $100.00 |
7. POST Inspection Fees These fees need to be paid at time of application. | $50.00 |
8. ONSITE Inspection Fees | $110.00 per hr. |
9. Flood Hazard Permits PLUS, all legal, engineering, advertising costs to be paid by owner/developer prior to final inspection | $1,000.00 |
10. Solicitors Permit | $50.00 |
11. This amended Zoning Ordinance shall include a project review of site plan Improvements for conformance with State and Local codes or engineering requirements. Either an in-house review or contractual review of the actual costs incurred shall be reimbursed to the Village. The Zoning Clerk can demand and secure prepayment of these fees, based upon reasonable estimates. | |
12. All fees set forth above paid at the time of application shall be non-refundable. Any deposits made to the extent not utilized, shall be refunded. | |
(Ord. 2024-08. Passed 4-15-24; Ord. 2024-20. Passed 6-3-24.)
1101.01 CITATION.
Title One of this Part Eleven - Planning and Zoning Code shall be known as and may be cited as the Zoning Ordinance of the Village of Cardington, Morrow County, Ohio.
(Ord. 97-3. Passed 5-19-97.)
1101.02 INTERPRETATION.
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this Zoning Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive, or that imposing the higher standards, shall govern.
(Ord. 97-3. Passed 5-19-97.)
1101.03 SEPARABILITY CLAUSE.
If any article, section, clause, provision or portion of this Zoning Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of this Zoning Ordinance which is not in itself invalid or unconstitutional. (Ord. 97-3. Passed 5-19-97.)
1101.04 REPEAL OF CONFLICTING ORDINANCES; EFFECTIVE DATE.
All ordinances or parts of ordinances in conflict with the provisions of this Zoning Ordinance are hereby repealed to the extent necessary to give this Zoning Ordinance full force and effect. This Zoning Ordinance shall become effective from and after the date of its approval and adoption, as provided by law. This Zoning Ordinance shall, upon becoming effective, specifically revoke the provisions of Ordinance No 88-3 and any like ordinances or amendments previously adopted by Village Council to govern zoning within the Cardington Municipal Corporate Limits. However, nothing in this Zoning Ordinance is intended to or shall be deemed to effect a revocation of any ordinance previously adopted and pertaining to the Village of Cardington subdivision standards; nothing contained herein shall be construed as repealing any sanitary sewer, storm sewer or waterline construction requirements or standards.
(Ord. 97-3. Passed 5-19-97.)
1101.05 ERRORS AND OMISSIONS.
(a) If a manifest error be discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted or substituted as will conform with the manifest intention and the provision shall have the same effect as though the correct word were contained in the text as originally published. No such alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
(b) Amendments to the Official Zoning Map are deemed in effect as adopted by the Council even though they may not appear on the Official Zoning Map.
(Ord. 97-3. Passed 5-19-97.)
1105.01 DEFINITIONS.
(a) INTERPRETATION: All words used in the present tense include the future tense. All words in the singular include plural and all words in the plural include the singular. The word “shall” is mandatory and not discretionary. The word “used” shall be deemed to include “designed, intended, or arranged to be used.”
(b) ACCESSORY USE OR BUILDING: Any use or structure located on the same lot as or adjacent to a lot occupied by a primary use or structure where both the lot occupied by the primary use or structure and the adjacent lot are owned by the same party.
(c) ALLEY OR LANE: A public or private way not more than 20 feet wide affording only secondary means of access to abutting property.
(d) APARTMENT HOUSE: See Dwelling, Multi-Family.
(e) AUTOMOTIVE SERVICE STATION OR FILLING STATION: A place where
gasoline, kerosene, or any other motor fuel or lubrication, oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises or where repair or maintenance of motor vehicles is performed.
(f) AUTOMOBILE WRECKING: The dismantling or disassembly of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(g) BASEMENT: A story whose floor line is below grade at any entrance or exit and whose ceiling is not more than 5 feet above grade at any such entrance or exit.
(h) BEGINNING OF CONSTRUCTION: The incorporation of labor and material within the walls of the building or buildings; the incorporation of labor and materials at the site, lot or parcel where a building is to be constructed; the incorporation of labor and materials where land is to be used for purposes other than construction of a building; the moving of dirt which alters the natural topography and/or drainage patterns of the area.
(i) BOARD: The Board of Zoning Appeals of the Village of Cardington.
(j) BOARDING OR LODGING HOUSE: A dwelling or part thereof where meals and/or lodging are provided for three or more persons for compensation by previous arrangement, but not transients.
(k) BUILDING: Any structure constructed or used for residential, business, manufacturing, or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, and similar structures, whether stationary or movable.
(l) BUILDING PERMIT: A document issued by the Zoning Inspector authorizing the construction of a new building or an addition to an existing building.
(m) CEMETERY: Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.
(n) CLINIC: A place which provides a range of services by a group of licensed practitioners, their associate(s) and assistant(s), including the care, diagnosis, and treatment of those who are sick, ailing, and/or injured persons, and including the care of those who are in need of medical, surgical, or dental attention, but who are not provided with board or room nor kept overnight on the premises.
(o) CLUB: A non-profit association of persons who are bonafide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily as a business enterprise.
(p) COMMISSION: The Village Planning and Zoning Commission.
(q) DISTRICT: A portion of the territory of the Village within which certain uniform regulations and requirements or various combinations thereof apply.
(r) DWELLING: A permanent building used primarily for human habitation, including industrialized units, but not including manufactured homes, mobile homes, recreational vehicles and facilities for the housing of transient residents.
(1) Dwelling, Single-Family: A permanent building separate and free standing in itself providing living accommodations for one family.
(2) Dwelling, Two-Family: A permanent building designed for occupancy by two families.
(3) Dwelling, Multi-Family: A permanent building or portion thereof providing separate living accommodations for three or more families.
(4) Dwelling, Unit: One room, or a suite, or two or more rooms, designed for or used by one family for living and sleeping purposes and having one kitchen, or kitchenette.
(5) Dwelling, Group: A group of two or more detached dwellings located on a parcel of land having any yard or court in common.
(s) ESSENTIAL SERVICES: Those public services provided by the state, county, village or township.
(t) FRONTAGE: All the property abutting on one side of a street, between intersecting or intercepting streets, or between a street and right-of-way, waterway, and of a dead- end street or village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
(u) GARAGE, PRIVATE: A detached accessory building or a portion of the principal building used primarily for the storage of self-propelled passenger vehicles.
(v) GARAGE, PUBLIC: A space or structure for the storage, sale, hire, care, repair, or refinishing of self-propelled vehicles.
(w) GROUP HOME: Any “Licensed Family Home”, “Foster Family Home”, “Public Residential Care Facility”, “Proprietary Home”, “Residential Care Facility”, or “Group Home” as defined in Chapter 4321:2-3-02 of the Ohio Administrative Code.
(x) HOME OCCUPATION: Any use conducted entirely within a dwelling by the occupant of the dwelling and as a secondary use which is clearly incidental to the use of the dwelling for residential purposes. Such a use shall not employ more than one (1) person outside the family resident in the dwelling.
(y) HOSPITAL: A building or a portion thereof used for the accommodation of sick, injured or infirm persons, including sanitarium.
(z) HOTEL OR MOTOR HOTEL: A series of detached, semi-attached or attached sleeping or living units, for the accommodation of transient guests, said units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
(aa) INDUSTRIALIZED UNIT: A building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. “Industrialized units” include units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to from a completed structural entity. “Industrialized unit” does not include a manufactured home or a mobile home.
(bb) JUNK YARD: Any open area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage and equipment.
(cc) KENNEL: Any structure or premises in which four or more dogs over four (4) months of age are kept.
(dd) LOT: A piece, parcel, or plot of land, included, but not limited to a single platted lot, a portion of a platted lot, a combination of platted lots or portions of platted lots. A platted lot shall mean a tract or parcel of land as designed on the official recorded plats of the Village of Cardington, Ohio.
(ee) MANUFACTURED HOME: 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 the “Manufactured Housing Construction and Safety Standards Act of 1974,” 88 Stat. 700, 42 U.S.C.A. Section 5401, 5403 and that has a permanent label or tab affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards. “Manufactured home” also includes such a unit that has been affixed to a permanent foundation.
(ff) MANUFACTURING: Storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
(gg) MOBILE HOME: “Mobile home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length, or, when erected on site, is 320 or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in Ohio R.C. 3781.06(C)(4) or as an industrialized unit as defined in Ohio R.C. 3781.06(C)(3).
(hh) NONCONFORMING USE: A use of building or land lawful at the time of enactment of this ordinance that does not conform with the “permitted use” provisions of this ordinance.
(ii) RECREATIONAL FACILITIES: Any instrumentality provided by public, church, or private enterprise, for the purpose of rest and relaxation, mental or physical refreshment, or any other recreational activity.
(jj) STAFF: Employees of the Village of Cardington, Ohio and Consultants employed by the Village of Cardington, Ohio.
(kk) STANDARD EQUIPMENT: A criterion for the control or type, and placing, of industrial equipment.
(ll) PERFORMANCE STANDARD: A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, or other nuisance which is generated by and inherent to or incidental to land uses.
(mm) RECREATIONAL VEHICLE: Recreational vehicle shall have the same meaning as contained in Ohio R.C. 4501.01(Q).
(nn) STORY: That portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
(oo) STREET: Any public or private way dedicated to public travel. The word “street” shall include the words, “roads, highways, and thoroughfare”.
(pp) STRUCTURE: Anything constructed, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground.
(qq) STRUCTURAL ALTERATION: Any change in the structural members of a building, such as walls, columns, beams, or girders.
(rr) TOURIST HOME: A building or part thereof, other than a boarding house, lodging house, hotel or motor hotel, where lodging is provided by a resident family in their home for compensation, mainly for transients.
(ss) THOROUGHFARE, PRIMARY OR SECONDARY: A federal or state numbered highway or county or other road or street designed as a primary thoroughfare or a county or other road, street, or alley designated as a secondary thoroughfare.
(Ord. 2007-24. Passed 11-19-07.)
(tt) UNIT STORAGE FACILITY: A facility comprised of a building or buildings housing enclosed multiple storage units primarily for rental to the general public. Storage shall be limited to enclosed areas. A unit storage facility differs from a warehouse in that the average size of the individual leased area is less than 500 square feet. A unit storage facility would not include the following on-site activities:
(1) Repair and maintenance of machinery and equipment;
(2) Product assembly;
(3) Personal or business service. (Ord. 2009-04. Passed 3-2-09.)
(uu) USE: The purpose or activity for which a building, structure, or land is occupied or maintained.
(vv) VARIANCE: A variance is a modification of the strict terms of the Zoning Ordinance where such variance will not be contrary to the public interest, where the need for such variance is not based upon the actions of the applicant and where a literal enforcement of the Zoning Ordinance would result in unnecessary and undue hardship. As used in this Zoning Ordinance, a variance is authorized only for height, area, or size of structures or size of yards and open spaces or for the required number of off-street parking spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.
(ww) YARD: An open space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings except as otherwise provided in this ordinance.
(1) Front Yard: The yard extending across the entire width of the lot between the principal building and the right-of-way line or street line which the building faces.
(2) Rear Yard: The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.
(3) Side Yard: The yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.
(4) Height of Building: The vertical distance from the established average sidewalk grade, street grade, or finished grade, at the building line, whichever is the highest, to the highest point of the building.
(xx) ZONING PERMIT: A document issued by the Zoning Inspector authorizing buildings, structures, or uses consistent with the terms of the Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.
(yy) ZONING INSPECTOR: The zoning inspector of the Village, or his/her authorized representative.
(zz) ZONING MAP: The Zoning Map or Map of the Village, together with all amendments subsequently adopted.
(Ord. 2007-24. Passed 11-19-07.)
(Ord. 2007-24. Passed 11-19-07.)
(aaa) DOMESTIC PETS (ALSO KNOWN AS HOUSEHOLD PETS): Animals a person usually keeps in their dwelling unless otherwise specified by ordinance.
(Ord. 2015-04. Passed 4-13-15.)
1109.01 PROHIBITED USE.
The following uses are expressly prohibited within any zoning district:
(a) Kennels
(b) Automobile Wrecking and Junk Yards
(c) Manufactured homes or mobile homes as a dwelling outside of a manufactured home park in an R-4 District. A manufactured home or a mobile home may be used as temporary office or building incidental to construction or a development of the premises on which the manufactured home or mobile home is located. Any manufactured home or mobile home used as such a temporary office or building shall be removed from the premises within fourteen days after a certificate of occupancy is issued for any portion of the building located on the premises. If no building is located on the premises, the manufactured home or mobile home used as a temporary office or building shall be removed within fourteen days after the construction project is substantially complete.
(Ord. 2007-24. Passed 11-19-07.)
1109.02 DISTRICTS ESTABLISHED.
For the purpose of this Zoning Ordinance, the Village of Cardington is divided into Districts:
(a) A-1 Agricultural District
(b) R-1 Single Family Residential District
(c) R-2 Single Family Residential District
(d) R-3 Multi-Family Residential District
(e) B-1 General Business District
(f) M-1 General Manufacturing District
(g) R-4 Mobile Home Parks
(h) FP Flood Plain District
(i) PD Planned Development
(j) S Special District
(Ord. 2007-24. Passed 11-19-07.)
1109.03 ZONING MAP.
Districts and boundaries thereof are established as shown on the Zoning Map, which map, together with all notations, references, data district boundaries, and other information shown thereon, shall be part of these Regulations. The Zoning Map, properly attested, shall be on file and remain in the office of the Village Clerk.
(Ord. 97-3. Passed 5-19-97.)
1109.04 DISTRICT BOUNDARIES.
(a) The district boundary lines on said Zoning Map are intended to follow either streets or alleys or lot lines and; where the districts designated on the map are bounded approximately by such streets, alleys or lot lines, they shall be construed to be the boundary of the district, unless such is otherwise indicated on the map. In case of subdivided property, the district boundary lines shall be determined by the use of the scale appearing on the Zoning Map or by dimensions.
(b) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of the said railroad line.
(c) When a district boundary divides a lot in a single ownership existing at the time of enactment of this Zoning Ordinance, the use authorized on, and the district requirements of, the least restricted portion of such lot shall be construed as extending to the entire lot, provided that such extension shall not include any part of the lot which is more than fifty (50) feet from the district boundary line.
(Ord. 97-3. Passed 5-19-97.)
1109.05 COMPLIANCE WITH REGULATIONS.
A lot may be used and a structure altered, occupied or used only as this Zoning Ordinance permits.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1109.06 PENDING APPLICATIONS FOR BUILDING PERMITS.
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof, for which a building permit has been granted before the enactment of this ordinance and the construction of which, from such plans, shall have been started within ninety (90) days of the date of enactment of this ordinance, or for any construction which was legally started without a building permit on or before the enactment of this Zoning Ordinance.
(Ord. 97-3. Passed 5-19-97.)
1109.07 AGRICULTURE USE PERMITTED.
Nothing in this Zoning Ordinance shall prevent the use of any land for agricultural purposes, or the construction or use of buildings or structures, incident to the use for agriculture purpose of the land on which such buildings and structures are located. However, no building to house animals, other than domestic pets, shall be erected closer than three hundred (300) feet to any residence other than the residence of the owner or keeper of such animals in any Zoning District. (Ord. 97-3. Passed 5-19-97.)
1109.08 REAR DWELLING.
No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the yard and other open space and off-street parking requirements. (Ord. 97-3. Passed 5-19-97.)
1109.09 STREET FRONTAGE REQUIRED.
Except as permitted by other provisions of this Zoning Ordinance, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least fifty (50) feet on a street; and there shall be not more than one single-family dwelling for such frontage.
(Ord. 97-3. Passed 5-19-97.)
1109.10 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
In any R-District on any corner lot, no fence, structure or planting shall be erected or maintained within twenty (20) feet of the corner (the point of intersection of the right-of-way lines), which interferes with traffic visibility across the corner.
(Ord. 97-3. Passed 5-19-97.)
1109.11 OFF-STREET PARKING AND LOADING.
In any district, spaces for off-street parking and for off-street loading shall be provided in accordance with the provisions of the Village Codified Ordinances.
(Ord. 97-3. Passed 5-19-97.)
1109.12 ESSENTIAL SERVICES.
Essential services shall be permitted as authorized and regulated by law and other resolutions of the Village, it being the intention hereof to except such essential services from the application of these regulations.
(Ord. 97-3. Passed 5-19-97.)
1109.13 UNSAFE BUILDINGS.
Nothing in these regulations shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by proper authority.
(Ord. 97-3. Passed 5-19-97.)
1109.14 VACATED STREET OR ALLEY.
Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically to the middle of such vacated public way, depending on the side or sides to which such lands revert, to include the right-of-way thus vacated, which shall thenceforth be subject to all regulations for the extended district or districts.
(Ord. 97-3. Passed 5-19-97.)
1109.15 HEIGHT REGULATIONS.
No building shall exceed 2 ½ stories or 35 feet in height, except as provided in Chapter 1165.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1109.16 ACCESSORY BUILDINGS IN R-DISTRICT.
Portable accessory buildings shall be at least six (6) feet from any lot line. Permanent accessory buildings shall meet those distance requirements for other permanent buildings in any type district.
(Ord. 97-3. Passed 5-19-97.)
1109.17 NEWLY ANNEXED AREAS.
Upon annexation of township territory to the Village, any township zoning regulations then in effect shall remain in full force provided it is an authorized use under the Village Zoning Ordinance until the Village Council either adopts the existing regulations or new regulations. When no township regulations are in effect, the annexed area shall not be zoned until action is taken to zone such area in accordance with this Zoning Ordinance.
(Ord. 97-3. Passed 5-19-97.)
1113.01 EXISTING NONCONFORMING USES; CONTINUATION.
Except as hereinafter specified, the lawful use of a building or premises existing at the time of the adoption or amendment of this Zoning Ordinance may be continued, although such use, building, or structure does not conform with the provisions of the ordinance for the district in which it is located. (Ord. 97-3. Passed 5-19-97.)
1113.02 NONCONFORMING USES OF BUILDINGS; ENLARGEMENT, SUBSTITUTION, ETC.
No existing building or premises devoted to a use not permitted by this ordinance in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows:
(a) Substitution. When authorized by the Planning and Zoning Commission, in accordance with the provisions of the substitution for a nonconforming use of another not more objectionable nonconforming use.
(b) Nonconforming Use Made to Conform. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(c) Whenever a lawful use becomes nonconforming through a change in the Zoning Ordinance or in the district boundaries, such use may be continued subject to the same limitations and the same conditions set forth above.
(d) Discontinuance of a Use. No building, structure, or premises where a nonconforming use has been discontinued for a period of 12 months or more shall again be put to a nonconforming use.
(e) Nonconformity – Performance Standards. All uses nonconforming at the time of adoption of this Zoning Ordinance by reason of noncompliance with the provisions of Chapter 1157
if not otherwise stipulated by the Commission, shall conform therewith within the time limit specified in the same section.
(f) Repairs and Maintenance. Repairs and maintenance work as required to keep a nonconforming building or structure in a sound and safe condition may be made.
(g) Damaged Buildings. A nonconforming lawful use which has been damaged by fire, explosion, act of God or the public enemy may be reconstructed and used as before the time of damage, provided: such repairs or reconstruction are completed within (12) months of the date of such damage; that the new building, use or structure shall not contain more than the original space of the replaced building, use or structure; and that it shall conform to all applicable building regulations.
(Ord.97-3. Passed 5-19-97.)
1115.01 ESTABLISHED.
There is created in the Village of Cardington, Ohio, an Agriculture Residence District to provide the use of appropriate lands for continued agricultural use and to permit construction of very low density single family residences and other essentially non-urban types of activities so that the basically rural character of these areas may be preserved and maintained within the corporate limits.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1115.02 APPLICATION.
(a) All lands under Village of Cardington, Ohio, zoning not otherwise zoned shall be controlled by the provisions of this Section of the Zoning Ordinance, including, but not limited to, newly annexed lands which had not been previously subject to zoning authority of another political subdivision.
(b) All lands which are located within the limits of the Village of Cardington, Ohio, Zoning Ordinance and which were duly reflected and shown on the official zoning map of Village of Cardington, Ohio, at the effective date of this amendment to this Zoning Ordinance shall be considered legal residential lots and nothing in this Ordinance shall be construed to prohibit the use thereof for residential purpose.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1115.03 PERMITTED USES.
Within the Agriculture Residence District the following uses, developed in accordance with all other provisions of this ordinance, shall be permitted:
(a) Single family residence.
(b) Accessory buildings and accessory uses including private garages.
(c) Agricultural purposes, subject to the following restrictions:
(1) No animals, except household pets, shall be kept on any parcel of less than 5 acres unless the building housing said animals is at least 50 feet from any lot line. This subsection shall apply only to those parcels where the total land holdings is 5 acres or less and shall not be construed to apply to individual pens, pastures or fields of less than five acres if part of a larger tract of land devoted to agricultural uses.
(Ord. 97-3. Passed 5-19-97.)
A. Notwithstanding the above, a person is permitted to keep, harbor or permit six or less live chickens, but no roosters, per single family dwelling, if
1. At all times when outdoors, the chickens are securely enclosed and their enclosure cleaned regularly; and
2. The chickens are kept strictly for personal or household use, and not for any commercial activity.
B. Notwithstanding the above, a person is allowed to keep one beehive per single family dwelling, if:
1. All colonies are registered with the Ohio Department of Agriculture;
2. The keeper maintains valid certification with the Ohio Department of Agriculture;
3. The colony has a restricted access by either perimeter fencing, solid hedge row or a solid barrier surrounding the hive;
4. The hive is registered with the Village; and
5. Notwithstanding compliance with the above requirements, the keeper shall be prohibited from keeping any colony in such a manner as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public or private property.
C. In addition to the above, keeping of chickens or bees shall not create a health or safety issue. No person shall keep and harbor chickens or bees in the municipality so as to create noxious or offensive odors or an unsanitary conditions which are a menace to the health, comfort or safety of the public.
D. Any person failing to comply with the above referenced provisions, in addition to other provisions set forth in this ordinance, may be subject to a notice of abatement requiring removal of the chickens or five as referenced above. Any person failing to comply with such notice of abatement shall be guilty of an unclassified misdemeanor and fined an amount not to exceed one hundred dollars ($100.00) per day, with each day constituting a separate offense.
(Ord. 2015-04. Passed 4-13-15.)
(2) Roadside sales of agricultural products shall be permitted in this district provided however that such products are produced on lands in this district or adjacent townships farmed by the proprietor of said sales stand and further that said stand is in operation for not more than one hundred fifty (150) days in any year and adequate area exists adjacent thereto for parking so as not to interfere with traffic on adjacent thoroughfares.
(3) Facilities for the storage, sorting, preliminary processing or sale of agricultural products shall be permitted if such products are used in the production of other farm products and if said storage, processing, sorting or sales is carried on incident to other farming operations by the owner/proprietor.
(4) Temporary structures such as mobile homes and temporary buildings of non-residential character may be used incident to construction work on the premises or on adjacent public projects. The user of said structure shall obtain a permit for such temporary use, which permit shall be valid for twelve (12) months and be renewed not more than once. Renewal of the permit shall be at the discretion of the Zoning Inspector on finding of reasonable progress toward completion of the permanent structure or project. The fees for such permit and renewals thereof shall be established by the Village of Cardington, Ohio, Council. Said temporary structure shall be removed not later than ten (10) days after expiration of said permit.
(5) Home occupations conducted by the resident of a permitted dwelling subject to the following restrictions:
A. The home occupation shall be carried on solely within the confines of the residential structures and architecturally compatible accessory building which are customarily associated with the residential use and character of the neighborhood.
B. Only one sign, not illuminated, not larger than three (3) square feet and three (3) feet in height above grade of the surrounding yard, may be erected advertising the home occupation. The sign may be located at eye level if mounted flat against a building.
C. The home occupation shall occupy not more than twenty percent (20%) of the total floor area of the swelling unit or fifty percent (50%) of the floor space in any garage or accessory building.
D. No non-resident employee shall work on said premises.
E. All parking demands created by the conduct of a home occupation shall be met off the street and other than in a front yard. Off-street parking may be permitted in a side or rear yard, but shall not be located any closer to the street than the required setback line. The required number of off-street parking spaces shall equal the spaces required for the residential use plus those required for the commercial use which constitutes the home occupation (if no parking requirement is given for a particular home occupation, the parking requirement for the most similar commercial use shall be used in order to calculate the required minimum number of spaces).
F. No equipment, process, or storage associated with the home occupation shall create odors, noise, vibration, glare, electrical interference or other nuisance detectable to normal senses off the lot. In the case of electrical interference, no equipment or process shall create visual or audible interference in any radio or television receivers or other audio appliances used off the premises, or cause fluctuation in line voltage off the premises. No equipment, process, or storage associated with a home occupation shall create any fire or explosion hazard, or involve the storage or use of hazardous materials in any concentration greater than that which would normally be found in a dwelling containing no home occupation.
G. Waste materials, solid or liquid, shall not be created on the premises at a level greater than normal to the residential use, unless provisions for the disposition of said wastes are acceptable to the Morrow County Department of Health and do not create a burden on adjoining property.
H. No activity shall be conducted or permitted to operate until certificate of compliance is issued for such establishment by the Zoning Enforcement Officer after approval by the Village of Cardington, Ohio, Planning and Zoning Commission.
(Ord. 97-3. Passed 5-19-97.)
1115.04 CONDITIONAL USES.
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.)
1115.05 PROHIBITED USES.
(a) No use not specifically authorized by the express terms of this chapter shall be permitted.
(b) For purposes of this Zoning Ordinance, the operation of a feed-lot for the feeding for sale of farm animals shall be termed commercial if the number of such animals is greater than five (5) head per five (5) acres of land operated by the proprietor in the Village of Cardington, Ohio. The feeding for sale of more than fifty (50) chickens or ten (10) turkeys in a poultry operation at any one time shall be prohibited in the Agriculture Residence District.
(c) Outdoor storage of inoperable, unlicensed or unused motor vehicles for a period exceeding seven (7) days is prohibited. Said vehicles if stored on the premises shall be enclosed within a building so as not to be visible from any adjoining property or public road.
(d) No trailer of any type, no boats, no motor homes, and no equipment of any type shall be parked in front of the front building line on any parcel within this district. If a dwelling is located on said lot, the building line shall be considered to be the front wall of the dwelling even if said dwelling is located behind the minimum building line established by this code or the restrictions on the plat or subdivision.
(e) No motor home, mobile home, or camper of any type may be occupied by a guest of the resident owner for more than fourteen (14) days in a calendar year.
(Ord. 97-3. Passed 5-19-97.)
1115.06 DEVELOPMENT STANDARDS.
All lands and uses within the Agriculture Residence District shall be developed in strict compliance with the standards hereinafter established.
(a) Lot Area. No parcel of land in this district shall be used for residential purposes which has an area of less than one (1) acre (43,560 square feet). All other uses in this district shall have lot area prescribed by the article permitting the use or as prescribed by the Village of Cardington, Ohio, Regional Planning and Zoning Commission as a condition of said use.
(b) Lot Frontage. Except as hereinafter set forth, all lots or parcels within this zoning district shall have the following minimum lot frontage on a public road:
Less than 2 acres | 150 feet |
2 acres but less than 3 acres | 175 feet |
3 acres but less than 4 acres | 200 feet |
4 acres but less than 5 acres | 250 feet |
5 acres or larger | 300 feet |
(1) Lots or parcels having less than the above listed minimum frontages on the right of way line of the adjoining public road or street must have a lot width fifty (50) feet forward of the building line which is equal to that minimum lot frontage requirement. In no case shall the parcel or lot frontage at the right of way line be less than sixty (60) feet and width of the sixty (60) feet shall not be decreased at any point forward of the building line of the principal residence located on the premises.
(2) If an irregularly shaped lot (i.e. pie-shaped) located on a curve or cul de sac widens to the minimum lot width within 75 feet of the right of way line of the adjoining roadway, the requirement for extra setback shall conform with setback lines for principal structures on adjoining lots.
(c) Building Height Limits. No building in this district shall exceed thirty-five (35) feet in height measured from the finished grade established not closer than fifteen (15) feet to the exterior wall of the structure. Barns, silos, grain handling conveyors, church spires, domes, flag poles, elevator shafts, and windmills are exempted from any height regulation and may be erected to any safe height. No aerial, antenna or tower shall be constructed to a height greater than the distance from the center of the base thereof to the nearest property line of said tract.
(d) Building Set Back. No building shall be located closer than fifty (50) feet to the right of way line of the adjoining street or road. If the right of way of the adjoining street or road is less than sixty (60) feet, no building shall be located closer than eighty (80) feet to the center line of said road or street.
(e) Side Yard Set Back. No building or structure shall be located closer than twenty- five (25) feet to any side lot line.
(f) Rear Yard Requirement . No principal dwelling shall be located closer than eighty (80) feet to the rear line of any lot and no accessory building shall be located closer than fifteen (15) feet to said rear lot line.
(g) Maximum Lot Coverage. On no lot or parcel in this zoning district shall a building be constructed which covers more than twenty-five percent (25%) of the lot area.
(h) Parking. Off street parking shall be provided, at the time of construction of the main structure or building, with adequate provisions for ingress and egress according to the performance standards set forth in this Zoning Ordinance.
(i) Signs. Except as provided under the provisions of this Zoning Ordinance and except as permitted by the Village of Cardington, Ohio, Planning and Zoning Commission incident to Conditional Uses, no signs shall be permitted in this district except a “For Sale” or “For Rent or Lease” sign advertising the tract on which the said sign is located. Such sign shall not exceed six (6) square feet in area on each side.
The developer of a subdivision or similar area may, upon the condition and for the time period established by the Village of Cardington, Ohio, Planning and Zoning Commission, erect one sign not exceeding 32 square feet in area per side advertising said subdivision or development.
(Ord. 97-3. Passed 5-19-97.)
1117.01 PURPOSE.
The purpose of the R-1 Family Residence District is to provide an area for residential uses and those public and semi-public uses normally considered an integral part of the residential neighborhood they serve. Centralized water and sewer facilities are required.
(Ord. 2007-1. Passed 3-19-07.)
1117.02 USES PERMITTED IN THE R-1 DISTRICT.
(a) Single and two-family dwellings.
(b) Churches, schools, libraries, parks, playgrounds, and essential services.
(c) Home businesses.
(d) Accessory use, such as private garages and accessory buildings.
(Ord. 2007-1. Passed 3-19-07.)
(e) Agricultural purposes, subject to the following restrictions:
(1) No animals, except household pets, chickens and bees as set forth in Section 1115.03(c)(1) shall be kept on any parcel.
(Ord. 2015-04. Passed 4-13-15.)
(2) No roadside sales of agricultural products shall be permitted in this district.
(3) Facilities for the storage, sorting, preliminary processing, or sale of agricultural products shall be permitted if such products are used in the production of other farm products and if such storage, sorting, processing, or sales are carried on incident to other farming operations by the owner/proprietor, provided the same does not cause a nuisance to any adjoining residential property owners and must be in compliance with standards sets forth in Chapter 1157, including, but not limited to, noise, odors or air pollution.
(Ord. 2007-24. Passed 11-19-07.)
(g) Notwithstanding anything to the contrary herein Chapter 1117 R-1 Single Family Residence District, any property owner seeking to replace an existing manufactured home or mobile home will not be required to seek a use or area variance, so long as the replacement dwelling, manufactured home or mobile home:
(1) Otherwise meets current R-1 zoning requirements;
(2) The replacement dwelling, manufactured home or mobile home is built using the same footprint as the manufactured home or mobile home it is replacing and is built on a concrete foundation, with a crawl space or basement;
(3) The replacement dwelling, manufactured home or mobile home is recorded as real estate for real property tax purposes;
(4) The manufactured home or mobile home is newer than a 1998 model year and has a peaked roof; and
(5) The Zoning Inspector otherwise reviews and approves the proposed replacement dwelling, manufactured home or mobile home.
(h) Notwithstanding anything to the contrary herein Chapter 1117 R-1 Single Family Residence District, any property owner seeking to improve a vacant lot, will not be required to seek a use or area variance, so long as the replacement dwelling or manufactured home:
(1) Otherwise meets current R-1 zoning requirements;
(2) The replacement dwelling or manufactured home is built on a concrete foundation, with a crawl space or basement;
(3) The replacement dwelling or manufactured home is recorded as real estate for real property tax purposes;
(4) The manufactured home is newer than a 1998 model year and has a peaked roof; and
(5) The Zoning Inspector otherwise reviews and approves the proposed replacement dwelling or manufactured home.
(Ord. 2021-11. Passed 4-5-21.)
1117.03 CONDITIONAL USES PERMITTED IN THE R-1 DISTRICT.
Subject to approval by the Board:
(a) Tourist homes, lodging houses, and
(b) Utility substations and pump houses.
(c) Hospitals, community centers, funeral homes, and cemeteries and utility office buildings.
(d) Office or studio in the residence of a physician, dentist, artist, lawyer, engineer, teacher, architect or other member of a state licensed profession.
(e) Clubs, lodges, rest homes, clinics. (Ord. 2007-1. Passed 3-19-07.)
(f) Temporary structures, including manufactured home unit, mobile home unit, or other temporary buildings that may be used incident to construction work on the premises or on adjacent public projects. No such temporary structure shall be used as a dwelling. The user of said structure shall obtain a permit for the temporary use, which permit shall be valid for six months and may be renewed not more than two times. Renewal of the permit shall be in the discretion of the Zoning Inspector upon finding of reasonable progress of completion. The fees for such permit and renewals shall be established by the Village. Any such temporary structure shall be removed from the premises at the first of the following to occur: Fourteen days after a certificate of occupancy is issued for any portion of the permanent structure; fourteen days after the project is substantially complete; or ten days after the expiration of the permit for temporary use.
(Ord. 2007-24. Passed 11-19-07.)
(g) Other uses that may qualify as exceptions pursuant to Section titled “Board of Zoning Appeals.”
1117.04 REQUIRED LOT AREA AND LOT WIDTH IN THE R-1 DISTRICT.
For:
(a) Existing, platted and developed lots;
(b) With a dwelling (as of April 1, 2007); and
(c) With less than eighty feet (80') frontage at the street,
there shall be no minimum required lot area. For all other lots, each single dwelling shall be located on a lot having an area of not less than 8,000 square feet and a lot width of not less than 80 feet at the building line. (Ord. 2007-1. Passed 3-19-07.)
1117.05 REQUIRED YARD IN THE R-1 DISTRICT.
(a) For:
(1) Existing, platted and developed lots;
(2) With a dwelling (as of April 1, 2007); and
(3) With less than eighty feet (80') of frontage at the street, additions may be made to said existing dwellings so long as the applicable addition meets of the following:
A. If dwelling is currently set back less than thirty feet (30') from the street, then no closer to the street than any part of the existing dwelling, with an exception of an attached, open porch structure which shall remain out of the right-of-way;
B. If dwelling is currently set back less than twelve feet (12') from the side lot line, then no closer to either side of the property line than any part of the existing dwelling;
C. If dwelling is currently set back less than thirty feet (30') from the rear lot line, then no closer to the rear property line than any part of the existing dwelling.
(b) All accessory buildings and structures shall have a minimum of six feet (6') side and rear setbacks.
(c) For lots with a minimum of eighty feet (80') of frontage at the street:
Front Yard – 30 feet
Side Yard – 12 feet
Rear Yard – 30 feet
Maximum Height – 35 feet
Off street parking shall be provided. (Ord. 2007-1. Passed 3-19-07.)
1117.06 CORNER LOTS.
For:
(a) Existing, platted developed lots;
(b) With a dwelling (as of April 1, 2007); and
(c) With less than eighty feet (80') frontage at the street,
the requirements set forth in Section 1117.05 shall also apply to corner lots. For all other lots, corner lots shall provide the minimum front yard requirements on each street side of the lot.
(Ord. 2007-1. Passed 3-19-07.)
1117.07 FLOOR SPACE REQUIREMENTS FOR BUILDINGS USED FOR HUMAN HABITATION.
(a) All buildings constructed for human habitation shall provide the following square feet of floor space, for living purposes, excluding garages, porches, breeze ways, etc.
1st Floor | Min. | |
(1) One story single family dwelling | 1,100 | 1,100 |
(2) 1½ story single family dwelling | 900 | 1,200 |
(3) Two story single family dwelling | 750 | 1,400 |
(4) Split level single family dwelling | 1,100 |
(b) Notwithstanding the above, for:
(1) Existing platted developed lots;
(2) With a dwelling (as of April 1, 2007); and
(3) With less than eighty feet (80') frontage at the street,
these floor space requirements do not apply.
(Ord. 2007-1. Passed 3-19-07.)
1117.08 MAXIMUM LOT COVERAGE.
(a) Maximum lot coverage is forty percent (40%).
(b) Notwithstanding the above, for:
(1) Existing platted developed lots;
(2) With a dwelling (as of April 1, 2007); and
(3) With less than eighty feet (80') frontage at the street,
this maximum lot coverage shall not apply.
(c) Parking. Off street parking shall be provided.
(Ord. 2007-1. Passed 3-19-07.)
1118.01 PURPOSE.
The purpose of the S-1 Special District is to provide areas for public and semi-public holdings, and areas suitable for recreation.
(Ord. 2007-1. Passed 3-19-07.)
1118.02 USES PERMITTED IN THE S-1 DISTRICT.
The following uses are permitted in the S-1 District:
(a) Cemetery.
(b) Public or private parks, preserves or sanctuaries intended for public use and enjoyment to include accessory structures such as shelters and picnic areas;
(c) Public wastewater treatment plant and water treatment plant;
(d) Public utility and public service buildings and uses;
(e) Public or private golf courses to include clubhouse facilities.
(Ord. 2007-1. Passed 3-19-07.)
1118.03 YARDS REQUIRED IN THE S-1 SPECIAL DISTRICT.
All structures to be constructed, altered or moved in the S-1 District shall provide yards of the following minimum depths:
(a) Front Yard - 35 feet.
(b) Side Yard - 15 feet - except where a side yard abuts a residential district, in which case a side yard of 25 feet shall be provided.
(c) Rear Yard - 25 feet.
(Ord. 2007-1. Passed 3-19-07.)
1118.04 SCREENING REQUIRED BETWEEN S-1 DISTRICT AND RESIDENTIAL DISTRICTS.
Newly established S-1 District uses adjacent to a residential district shall provide, on that adjacent property line, a dense hedge, tree row, or other suitable landscape device to visually screen the manufacturing area from the residential area.
(Ord. 2007-1. Passed 3-19-07.)
1119.01 PURPOSE.
The purpose of R-2 Family Residence District is to provide an area for residential uses, and those public and semi-public uses normally considered an integral part of the residential neighborhood they serve. Centralized water and sewer facilities are required.
(Ord. 97-3. Passed 5-19-97.)
1119.02 USES PERMITTED IN THE R-2 DISTRICT.
Uses permitted in the R-2 District are:
(a) Single and two-family dwellings.
(b) Two-family dwellings conversion, doubles, twin singles, or common wall dwellings designed to accommodate more than one family in a single structure.
(c) Churches, schools, libraries, parks, playgrounds, and essential services.
(d) Home businesses.
(e) Accessory use, such as private garages and accessory buildings.
(Ord. 97-3. Passed 5-19-97.)
1119.03 CONDITIONAL USES IN THE R-2 DISTRICT.
Subject to approval by the Board:
(a) Tourist homes and lodging houses.
(b) Utility substations and pump houses.
(c) Hospitals, community centers, funeral homes, cemeteries, and utility office buildings.
(d) Office or studio in the residence of a physician, dentist, artist, lawyer, engineer, teacher, architect or other member of a state licensed profession. See definition of home occupation.
(e) Clubs, lodges, rest homes, clinics. (Ord. 97-3. Passed 5-19-97.)
(f) Temporary structures, including manufactured home unit, mobile home unit, or other temporary buildings that may be used incident to construction work, on the premises or on adjacent public projects. No such temporary structure shall be used as a dwelling. The user of said structure shall obtain a permit for the temporary use, which permit shall be valid for six months and may be renewed not more than two times. Renewal of the permit shall be in the discretion of the Zoning Inspector upon finding of reasonable progress of completion. The fees for such permit and renewals shall be established by the Village. Any such temporary structure shall be removed from the premises at the first of the following to occur: Fourteen days after a certificate of occupancy is issued for any portion of the permanent structure; fourteen days after the project to substantially complete; or ten days after the expiration of the permit for temporary use.
(Ord. 2007-24. Passed 11-19-07.)
(g) Other uses that may qualify as exceptions pursuant to Chapter 1137, Planning and Zoning Commission.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1119.04 REQUIRED LOT AREA AND LOT WIDTH IN THE R-2 DISTRICT.
Each single dwelling shall be located on a lot having an area of not less than 7,200 square feet and a lot width of not less than 60 feet at the boundary line. Centralized water and sewer facilities are required. (Ord. 97-3. Passed 5-19-97.)
1119.05 REQUIRED YARD IN R-2 DISTRICT.
All structures shall have the following minimum yard spaces: (See Chapter 1105 “Definitions” for yard definition).
(a) Single-Family Dwelling
Front Yard – 30 feet
Side Yard – 12 feet
Rear Yard – 30 feet
Maximum Height – 35 feet
(b) Two-Family Dwelling
Front Yard – 30 feet
Side Yard – 6 feet
Rear Yard – 30 feet
Maximum Height – 35 feet
(Ord. 97-3. Passed 5-19-97.)
1119.06 CORNER LOTS,
Corner lots shall provide the minimum front yard requirements on each street side of the lot. (Ord. 97-3. Passed 5-19-97.)
1119.07 FLOOR SPACE REQUIREMENTS FOR BUILDINGS USED FOR HUMAN HABITATION.
(a) All buildings constructed for human habitation shall provide the following square feet of floor space, for living purposes, excluding garages, porches, breeze ways, etc.:
Single Family.
Min. 1st Total | Total Min. | |
(1) One story single family dwelling | 1,100 | 1,100 |
(2) 1 ½ story single-family dwelling | 900 | 1,200 |
(3) Two story single-family dwelling | 750 | 1,400 |
(4) Split-level single-family dwelling | 1,100 |
(b) Two-family, conversion double or twin single.
One (1) bedroom unit | 850 square ft. each |
Two (2) bedroom unit | 1020 square ft. each |
Each additional bedroom | 120 square ft. each. |
(Ord. 97-3. Passed 5-19-97.)
1119.08 MAXIMUM LOT COVERAGE.
(a) The maximum lot coverage is forty percent (40%).
(b) Required square footage 1100 sq. ft. exclusive of basement, porches and garages.
(c) Parking. Off street parking shall be provided.
(Ord. 97-3. Passed 5-19-97.)
1121.01 PURPOSE.
The purpose of the R-3 District is to permit the establishment of medium density residential areas of two family and multiple family dwellings not to exceed ten dwelling units per gross acre. This District is also designated to permit larger, older homes to be converted to two or more dwelling units. Centralized water and sewer facilities are required. (Ord. 97-3. Passed 5-19-97.)
1121.02 USES PERMITTED IN THE R-3 DISTRICT.
(a) Any uses permitted in R-1 or R-2 Districts.
(b) Multi-family dwellings provided however that no more than ten (10) dwelling units shall be constructed in any single structure, cluster or other modification on the same theme within this district.
(c) Vehicular storage building accessory to a two-family structure.
(Ord. 97-3. Passed 5-19-97.)
1121.03 CONDITIONAL USES IN THE R-3 DISTRICT,
Subject to approval by the Commission:
(a) Structures for schools, churches or other places of worship, public libraries, public museums, public art galleries or other similar public cultural uses, and public senior facilities, located not less than forty feet (40) from any residential lot line.
(Ord. 97-3. Passed 5-19-97.)
(b) Temporary structures, including manufactured home unit, mobile home unit, or other temporary buildings that may be used incident to construction work on the premises or on adjacent public projects. No such temporary structure shall be used as a dwelling. The user of said structure shall obtain a permit for the temporary use, which permit shall be valid for six months and may be renewed not more than two times. Renewal of the permit shall be in the discretion of the Zoning Inspector upon finding of reasonable progress of completion. The fee for such permit and renewals shall be established by the Village. Any such temporary structure shall be removed from the premises at the first of the following to occur: Fourteen days after a certificate of occupancy is issued for any portion of the permanent structure; fourteen days after the project is substantially complete; or ten days after the expiration of the permit for temporary use.
(Ord. 2007-24. Passed 11-19-07.)
(c) Home occupations conducted by the resident of a permitted single family dwelling subject to the following restrictions:
(1) The home occupation shall be carried on solely within the confines of the residential structure.
(2) Only one sign, not illuminated, not larger than three (3) square feet and three (3) feet in height above grade of the surrounding yard, may be erected advertising the home occupation. The sign may be located at eye level if mounted flat against a building.
(d) The home occupation shall occupy not more than twenty percent (20%) of the total floor area of the principal building or fifty percent (50%) of the floor space in any garage.
(e) No non-resident employee shall work in the home occupation on said premises.
(f) All parking demand created by the conduct of a home occupation shall be met off the street and other than in a front yard. Off-street parking may be permitted in a side or rear yard, but shall not be located any closer to the street than the required setback line. The required number of off-street parking spaces shall equal the spaces required for the residential use plus those required for the commercial use which constitutes the home occupation (if no parking requirement is given for a particular home occupation, the parking requirement for the most similar commercial use shall be used in order to calculate the required minimum number of spaces).
(g) No equipment, process, or storage associated with the home occupation shall create odors, noise, vibration, glare, electrical interference or other nuisance detectable to normal senses off the lot. In the case of electrical interference, no equipment or process shall create visual or audible interference in any radio or television receivers or other audio appliances used off the premises, or cause fluctuation in line voltage off the premises. No equipment, process, or storage associated with a home occupation shall create any fire or explosion hazard, or involve the storage of use of hazardous materials in any concentration greater than that which would normally be found in a dwelling containing no home occupation.
(h) Waste materials, solid or liquid, shall not be created on the premises at a level greater than normal to the residential use, unless provisions for the disposition of said wastes are acceptable to the Morrow County Department of Health and do not create a burden on adjoining property.
(i) No activity shall be conducted or permitted which creates a nuisance to neighboring properties.
(j) No home occupation shall be permitted to operate until a certificate of compliance is issued for such establishment by the Zoning Inspector after approval by the Planning and Zoning Commission. (Ord. 97-3. Passed 5-19-97.)
1121.04 CONDITIONAL USES; FURTHER PROVISIONS.
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.)
1121.05 PROHIBITED USES.
(a) Any use not specifically authorized by the express terms of this chapter of this Zoning provision shall be prohibited.
(b) For purposes of this Zoning Ordinance, the operation of a feed lot for the feeding for sale of farm animals shall be termed commercial if the number of such animals is greater than five (5) head per five (5) acres of land operated by the proprietor in the Village of Cardington, Ohio. The feeding for sale of more than fifty (50) chickens or ten (10) turkeys in a poultry operation at any one time shall be termed commercial. Neither of these commercial operations shall be permitted in the Multi-Family Residence.
(c) Outdoor storage of inoperable, unlicensed or unused motor vehicles for a period exceeding 7 days is prohibited. Said vehicles if stored on the premises shall be enclosed within a building so as not to be visible from any adjoining property or public road.
(Ord. 97-3. Passed 5-19-97.)
1121.06 DEVELOPMENT STANDARDS.
All lands and uses within the Multi-Family Residence District (R-3) shall be developed in strict compliance with the standards herein established.
(a) Lot Area. Lots served by approved central water and sewer systems are required to have a minimum of 12,000 sq. ft. to be developed as single family residential and are required to have 4,000 sq. ft. per dwelling unit for multi-family development. No more than ten two family and/or townhouses or fourteen two story apartments per acre, net density, will be permitted.
(b) Lot Frontage. All lots or parcels developed within the district having an area of less than one (1) acre shall have a minimum lot width of one hundred (100) feet.
(c) Building Height Limits. No building in this district shall exceed thirty-five (35) feet in height measured from the finished grade established not closer than fifteen (15) feet to the exterior wall of the structure. Barns, silos, grain handling conveyors, church spires, domes, flag poles, elevator shafts, and windmills are exempted from any height regulation and may be erected to any safe height. No aerial, antenna or tower shall be constructed to a height greater than the distance from the center of the base thereof to the nearest property line.
(d) Building Dimensions. All apartments or other multi-family structures constructed within this district shall contain the following minimum floor space, to-wit:
One (1) bedroom unit 750 square ft.
Two (2) bedroom units 900 square ft.
Each Additional bedroom 100 square ft.
(e) Building Set Back . No building shall be located closer than thirty-five (35) feet to the right of way line of the adjoining street or road. If the right of way of the adjoining street or road is less than sixty (60) feet no building shall be located closer than sixty-five (65) feet to the center line of said road or street.
(f) Side Yard Setback. No building or structure shall be located closer than ten (10) feet to any side lot line.
(g) Rear Yard Requirement. No principal dwelling shall be located closer than forty (40) feet to the rear line of any lot and no accessory building shall be located closer than fifteen (15) feet to said rear lot line.
(h) Maximum Lot Coverage. On no lot or parcel in this zoning district shall buildings be constructed which cover more than twenty-five percent (25%) of the lot area.
(i) Parking. Off street parking consisting of 2 spaces per residential unit, shall be provided, at the time of construction of the main structure or building, with adequate provisions for ingress and egress.
(j) Signs. Except as provided under the provisions of this section for home occupations or as controlled by Section R-3 of this Ordinance and except as permitted by the Village of Cardington, Ohio, Planning and Zoning Commission incident to Conditional Uses, no signs shall be permitted in this district except a “For Sale” or “For Rent or Lease” sign advertising the tract on which the said sign is located. Such sign shall not exceed six (6) square feet in area per side.
The developer of a subdivision or similar area may, upon the condition and for the time period established by the Village of Cardington, Ohio, Planning and Zoning Commission, erect one sign not exceeding 32 square feet in area per side advertising said subdivision or development. (Ord. 97-3. Passed 5-19-97.)
1123.01 PURPOSE.
The purpose of the B-1 General Business District is to provide for a wide range of retail facilities and services.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1123.02 USES PERMITTED IN THE B-1 GENERAL BUSINESS DISTRICT.
(a) (1) Any use permitted in residential districts including conditional uses.
(Ord. 97-3. Passed 5-19-97.)
(2) Structures which contain an otherwise permitted use in the B-1 General Business District, on the first floor of the premises, may include residential uses on any additional floors contained within the structure and those uses need not meet the requirements otherwise sets forth in Section 1123.05(a).
(Ord. 2007-24. Passed 11-19-07.)
(b) Major retail outlets: furniture, department, clothing, shoe, variety, hardware, appliance, paint, lumber yard and wallpaper stores.
(c) Food, drug and beverage: grocery stores, supermarkets, meat markets, drug stores, and bakeries in conjunction with retail sales, restaurants, tea rooms, and taverns.
(d) Specialty shops: gift shops, magazine, book and stationery outlets, florist shops, camera and photography shops, and sporting goods.
(e) Service and recreation: Laundromat, dry cleaning and laundry pick-up stations, barber and beauty shops, shoe repair and tailor shops, news media and mortuaries.
(f) Business and professional offices: medical and dental offices and clinics, law offices, insurance and real estate offices, banks, finance, and utility companies.
(g) Automotive and related uses: automobile service stations, public garages, motorcycle and bicycle shops, and cab stands.
(h) Accessory Uses or Buildings.
(i) Group Homes. (Ord. 97-3. Passed 5-19-97.)
1123.03 CONDITIONAL USES IN THE B-1 DISTRICT.
Subject to approval by the Planning and Zoning Commission:
(a) Construction establishments such as building, plumbing, heating and other special trade contractors.
(b) Manufacturing establishments.
(c) Trucking terminals and facilities.
(d) Wholesale and warehousing facilities.
(e) Adult Entertainment Businesses. (Ord. 97-3. Passed 5-19-97.)
1123.04 REQUIRED LOT AREA AND LOT WIDTH IN THE B-1 DISTRICT.
(a) Residential Uses. Each residential use to be accomplished in the B- 1 Business
District shall meet the minimum lot width requirements of the R-1 Family Residence District.
(b) Business Uses. No minimum lot area or minimum lot width is required for business uses. (Ord. 97-3. Passed 5-19-97.)
1123.05 REQUIRED YARDS IN THE B-1 DISTRICT.
(a) Residential Uses. Each residential use to be accommodated in the B-1 Business District shall meet the minimum yard requirements of the R-1 Family Residence District.
(b) Business Uses.
(1) Front Yard. No minimum yard required, except the front of building should be in line with buildings on adjoining lots.
(2) Side Yard. No minimum yard required, except lots adjoining a residence shall provide a side yard of six (6) feet, and those adjoining a residential district shall also provide a side yard. No roof overhang shall extend over an adjoining property.
(3) Rear Yard. 20 feet. Where a lot line abuts an alley, ½ the width of such alley may be considered in meeting the rear yard requirement.
(Ord. 97-3. Passed 5-19-97.)
1123.06 ADULT ENTERTAINMENT BUSINESSES.
(a) Purpose. The purpose of this section is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of these sections to regulate adult entertainment businesses, as defined herein, so as to prevent crime, to protect the City's retail trade and property values, and in general, to preserve the quality of life in the Village and not to suppress First Amendment rights.
(b) Definitions.
(1) An "adult entertainment business" means an adult bookstore, adult motion picture theater, adult drive-in motion picture theater or an adult-only entertainment establishment as further defined in this section.
(2) An "adult bookstore" means an establishment which utilizes twenty-five percent (25%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
(3) An "adult motion picture theater" means an enclosed motion picture theater which is regularly used or utilizes twenty-five percent (25%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(4) An "adult motion picture drive-in theater" means an open air drive-in theater which is regularly used or utilizes twenty-five percent (25%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(5) An "adult-only entertainment establishment" means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines or gyrational choreography of persons totally nude, topless, bottomless or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
(6) "Adult material" means any book magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture file, videotape, phonographic record or tape, other tangible thing or service, capable of arousing interest through sight, sound or touch, and:
A. Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination; or
B. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
(7) "Bottomless" means less than full opaque covering of male or female genitals, pubic area or buttocks.
(8) Nude or nudity" means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discerningly turgid state.
(9) "Topless" means the showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(10) “Sexual activity" means sexual contact or sexual conduct, or both.
(11) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region or, if the person is a female, the breast, for the purpose of sexually arousing or gratifying either person.
(12) "Sexual excitement" means the condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
(c) Conditional Use Permit. No person shall cause or permit the establishment (defined as the opening of a new business, relocation of an existing business or the conversion of an existing business) of an adult entertainment business unless authorized by the issuance of a conditional use permit. In addition, an adult entertainment business shall comply with the following conditional use criteria:
(1) Adult entertainment businesses shall be conditionally permitted only in a B- 1 designated district and shall comply with all regulations within such district.
(2) No adult entertainment business shall be located within 500 feet of any residential district or residential property line, church, park, preschool or school.
(3) No adult entertainment business shall be permitted in a location which is within 1,000 feet of another adult entertainment business.
(4) No adult entertainment business shall be permitted within 500 feet of any boundary of any residential district which is within an abutting local unit of government (village, city, township).
(d) Permit Guidelines. An adult entertainment establishment shall be issued a conditional use standards.
(e) Landscaping or Screening Provisions. For uses abutting a residential district, the minimum yards may be reduced up to 50 percent of the minimum side or rear yard requirements if acceptable landscaping or screening, approved by the Planning and Zoning Commission, is provided. Such screening shall be a masonry or solid fence between 4 and 6 feet in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 15 feet in width planted with evergreen hedge, or dense planting of evergreen shrubs not less than 4 feet in height.
(Ord. 97-3. Passed 5-19-97.)
1125.01 PURPOSE.
The purpose of the M-1 General Manufacturing District is to provide for business uses, storage, and those manufacturing uses not normally creating a nuisance discernable beyond their property. (Ord. 97-3. Passed 5-19-97.)
1125.02 USES PERMITTED IN THE M-1 GENERAL MANUFACTURING DISTRICT.
(a) Any use permitted in the B-1 General Business District except residential uses.
(b) Manufacturing.
(c) Research and testing facilities.
(d) Offices and laboratories.
(e) Grain elevators and feed mills.
(f) Manufacture, sale and storage of building materials.
(g) Wholesale and warehousing activities.
(h) Transport and trucking terminals.
(i) Equipment storage and sales.
(j) Restaurants.
(k) Recreational facilities.
(l) Essential services.
(m) Accessory uses.
(n) Public service facilities. (Ord. 97-3. Passed 5-19-97.)
(o) Unit storage facilities. (Ord. 2009-04. Passed 3-2-09.)
1125.03 CONDITIONAL USES IN M-1 DISTRICT.
(a) Mineral extraction, storage and processing, including oil and gas wells.
(b) Dwellings.
(Ord. 97-3. Passed 5-19-97.).
1125.04 YARDS REQUIRED IN MANUFACTURING DISTRICTS.
All structures to be constructed, altered or moved, in the M-1 District shall provide yards of the following minimum depths:
(a) Front Yard - 35 feet.
(b) Side Yard - 15 feet - except where a side yard abuts a residential district in which case a side yard of 25 feet shall be provided.
(c) Rear Yard - 25 feet. (Ord. 97-3. Passed 5-19-97.)
1125.05 SCREENING REQUIRED BETWEEN MANUFACTURING AND RESIDENTIAL DISTRICT.
Newly established manufacturing uses adjacent to a residential districts shall provide, on that adjacent property line, a dense hedge, tree row, or other suitable landscape device adequate to visually screen the manufacturing area from the residential area.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1127.01 APPLICATION PROCEDURE.
(a) Mobile homes are permitted only in approved mobile home parks and mobile home parks are special permit uses only.
(b) A written application shall be filed with the Mayor and a copy of the original application and any recommended changes shall be submitted by the Mayor to the Village of Cardington, Ohio Planning and Zoning Commission at its next regular meeting.
(c) The application shall contain the following provisions:
(1) Name, address and phone number of applicant.
(2) An application fee in accordance with the development plan fee schedule shall accompany the application. The fee is non-refundable or transferable as a credit towards any other required fee, nor shall payment of the fee imply in any way that the plans are to be approved.
(3) The application shall be accompanied by twelve copies of a complete set of plans. The plans shall contain at a minimum the following information.
A. Present use of the site;
B. Present zoning district;
C. The location, size and configuration of the area to be developed as a mobile home park and the total proposed number of mobile home sites;
D. The complete layout of the mobile home park including internal streets and all proposed mobile home sites and their individual boundaries;
E. The location of all accessory facilities such as recreation area, open space, laundry building, etc.;
F. The proposed traffic circulation pattern including all roadway locations, points of ingress and egress, parking facilities and sidewalks.
G. The location of all proposed utility lines and meters, and the source supply or service for garbage and trash removal, gas and electricity, telephone, sewerage disposal, storm drainage facilities and water;
H. The type and location of proposed landscaping;
I. A typical mobile home site drawn to a scale of 10 feet to the inch or larger, showing the boundaries of the site and location thereon of a typical mobile home, patio, parking spaces, walkways and foundation.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1127.02 MOBILE HOME PARK REQUIREMENTS.
Mobile home parks shall meet the following minimum requirements. Additional requirements may be required depending upon negotiation.
(a) Zoning District. R-4.
(b) Park Size. A mobile home park shall contain a minimum of 5 acres.
(c) Density. The maximum density shall not exceed 8 mobile homes per acre.
(d) Width and Depth. The minimum width of the mobile home development shall be not less than 250 feet. The ratio of width to depth shall not exceed one to five.
(e) Yards. All mobile homes or accessory buildings shall be located no closer than 50 feet from the front property lines, nor closer than 25 feet from the side or rear property line.
(f) Access. All mobile home parks should have access to adequate collector streets with a right of way not less than 60 feet in width.
(g) Streets. The design and construction of the interior street system shall conform to Village of Cardington, Ohio, street specifications. No street shall be located closer than 10 feet to any property line of a mobile home park.
(h) Sidewalks. All mobile home parks shall have paved sidewalks at least three feet in width on one side of parallel interior streets. A private sidewalk, with a minimum width of 2 feet from a mobile home to a roadway or the common sidewalk system, shall be required by the Commission and may vary relative to locations, intensity of use and location of recreational areas and service buildings.
(i) Recreation and Open Space. A safe, usable recreation area of at least 1,000 square feet per mobile home or ten percent (10%) of the gross land area of the mobile home park, whichever is greater, shall be reserved for recreational and open space uses. At least one-half of the required recreation and open space area shall be developed as one recreation area. This figure is in addition to any other open areas required by yard requirements or other sections of this chapter.
(j) Buffer or Screening. The outer boundaries of a mobile home park shall contain a buffer zone planted and maintained by the park operator. This buffer zone shall be composed of a green strip, not less than 10 feet in width, planted and maintained with an evergreen hedge of dense planting of evergreen trees or shrubs not less than 4 feet in height, located along all park boundaries.
(Ord. 97-3. Passed 5-19-97.)
1127.03 MOBILE HOME LOT REQUIREMENTS.
Individual mobile home lots within mobile home parks shall conform to the following requirements:
(a) Lot Size. Each mobile home lot shall contain a minimum area of 4,000 square feet.
(b) Lot Width. The minimum width of each mobile home lot shall be 40 feet. Except that, the minimum width of corner lots, however, shall be 50 feet.
(c) Clearance. There shall be a minimum clearance of 20 feet between individual mobile homes.
(d) Parking. Automobile parking spaces shall be provided as follows within each mobile home park:
(1) Two spaces shall be provided for each mobile home site for the exclusive use of the occupants thereof.
(2) The size of the driveway shall not be less than 400 square feet. It shall be located not more than 100 feet from the mobile home site it is intended to serve.
(e) Mobile Home Foundation. Each mobile home lot shall be provided with a stable base upon which to place the mobile home. This base shall consist of 2 concrete runways each at least 5 inches deep with reinforcing steel, 2 feet wide and 60 feet long. Other acceptable mobile home stands may be permitted, if approved by the Village of Cardington, Ohio, Planning and Zoning Commission. Each mobile home lot shall be provided with anchors and tie downs for assuring the stability of the mobile home, and shall be attached and used at all times when the lot is occupied.
(f) Patio. Each mobile home lot shall be provided with a paved patio area at least 200 square feet in area.
(g) Storage. Suitable facilities, constructed of weather-resistant materials with a minimum of 90 cubic feet of space per lot, shall be provided on each lot, or in compounds within 100 feet from each stand. When fuel oil storage is desirable, a tank shall be required for each user.
(h) Corner Markers. The 4 corners of each mobile home lot shall be marked in a manner acceptable to the Village of Cardington, Ohio, Planning and Zoning Commission.
(i) Skirting. Each mobile home shall be securely skirted entirely enclosing the bottom section at the time of occupancy. The skirting shall be of a visually opaque material, and consistent with the characteristics of the mobile home.
(j) Landscaping. On half of the mobile home lots proposed, at least one deciduous hardwood tree, a minimum of 1-1/2 caliper inches, shall be planted.
(k) Floor Area. Each mobile home placed within the mobile home park shall have a minimum area of 400 square feet.
(l) Height. The maximum height of mobile homes and accessory buildings shall not exceed 20 feet.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1127.04 PARK FACILITIES AND SERVICES.
Mobile home park utility and other services shall conform to the following requirements:
(a) Storm Drainage. Within each mobile home park, storm drainage shall be provided.
(b) Water. Within each mobile home park, the source of water supply shall be from the municipally-owned water system. The installation of water lines and the connection of individual mobile homes to the mobile home park water system shall be required to be made in accordance with the standards of the Village of Cardington, Ohio.
(c) Sewage Disposal. Within each mobile home park, sanitary waste disposal shall be by means of the Village of Cardington-owned and operated sewerage system. The installation of sewer lines and the connection of individual mobile homes to the mobile home park sewerage system shall be required to be made in accordance with the standards of the Village of Cardington, Ohio.
(d) Electrical System. Within each mobile home park, there shall be installed an electrical distribution system in conformance with the National Electric Code.
(e) Lighting. All interior streets shall be lighted in accordance with a plan approved by the Village.
(f) Antennas. Individual antennas not anchored to the ground shall not exceed twenty feet in height from ground level.
(g) Underground Utilities. Within each mobile home park, all utility lines, including those for electricity and telephone service, shall be located underground.
(h) Garbage and Refuse. The storage and collection of garbage and refuse within each mobile home park shall be conducted as to create no health hazards, rodent harborage, insect breeding areas, fire hazards or air pollution. All garbage shall be stored in fly-tight, rodent-proof containers.
(i) Fire Protection. Within each mobile home park, adequate water mains, fire hydrants, gated connections and other fire prevention and fire safety facilities shall be located in accordance with the Village of Cardington, Ohio, Fire Department policy. Portable fire extinguisher and smoke detectors shall be required in each mobile home by the park management.
(j) Service Buildings. Suitable facilities may be required by the Village for repair, storage, and laundry services.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1127.05 INSPECTION PROCEDURES.
(a) Inspection of public improvements shall be required to be performed by the Village of Cardington, Ohio. Cost to be paid by owner and an estimate of inspection fees shall be deposited at time of application.
(b) A final inspection shall be required for each unit prior to occupancy to be performed by the Village of Cardington, Ohio. Costs to be paid by owner and an estimate of the inspection fees shall be prepaid at the time of application.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1129.01 ESTABLISHED.
Certain limited areas of The Village of Cardington, Ohio, may lie within a flood plain.
Inundation of those areas during periods of high water can impose great loss of property value unless controls are imposed to insure that land uses within those areas consider such risks and minimize the impact of such flooding. In an effort to control such uses, in the best interest of the Village of Cardington, Ohio, the following regulations shall be imposed.
(a) The Village of Cardington, Ohio, Planning and Zoning Commission shall maintain on file, subject to public examination, a current map, approved by the Village of Cardington, delineating the boundaries within the Village of Cardington of all lands designated "flood plain.” In the event a property owner contests the boundaries of such flood plain he shall be given reasonable opportunity to present technical evidence to support his position.
(b) Open space uses shall be permitted within the flood plain to the extent that they are permitted within the zoning district controlling use of said land and provided they do not require structures, fill, or storage of material or equipment.
(c) No use shall be permitted within the flood plain which will adversely affect the efficiency or which will unduly restrict the capacity of the channel or floodway of any tributary to the main stream, drainage ditch or other drainage facility or system.
(d) No fill shall be deposited within the flood plain without permission from the Village of Cardington, Ohio Planning and Zoning Commission. Showing must be made that such fill is for some beneficial purpose and will be protected against erosion by riprap, vegetation cover or bulkheading.
(e) No structure of any kind shall be permitted within the flood plain except upon issuance of special permission by the Village of Cardington Planning and Zoning Commission. Such structures shall not be permitted unless it is shown that:
(1) Structure has a low flood damage potential.
(2) Location of the building or structure will not significantly impede flow of flood waters.
(3) So far as possible or practicable the structure is elevated out of the flood level.
(4) All structures are firmly anchored to prevent floatation and all heating and electrical equipment are located above the flood level.
(Ord. 97-3. Passed 5-19-97.)
1131.01 PURPOSE.
It is the intent of this Zoning Ordinance to provide maximum opportunity for orderly large- scale developments which will benefit the community as a whole by offering a greater choice of living environments, imaginative architectural design, a wider range of development plans featuring a more complimentary blending of land uses including community facilities and open space, and to develop a more unified approach with respect to the mixture of uses and their adaptation to topographical and geological features, recreational opportunities and transportation needs. (Ord. 97-3. Passed 5-19-97.)
1131.02 DEFINITION.
"Planned Unit Development" or PUD means an area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as setbacks and lot size, than those that would normally apply under this Zoning Code. The procedure for approval of such a development contains requirements demanded in a standard subdivision, as well as specific building designs and landscaping plans. (Ord. 97-3. Passed 5-19-97.)
1131.03 INTERPRETATION.
Whenever the requirements of this chapter appear to be in conflict with other section of the Zoning ordinance or with those of other existing codes, the provisions of this chapter shall prevail. (Ord. 97-3. Passed 5-19-97.)
1131.04 PERMITTED USES.
Residential, commercial, light industrial and public uses may be combined in a PUD, provided that the proposed location of the commercial or industrial uses will not, in the opinion of the Village of Cardington, Ohio, Planning and Zoning Commission, adversely impact upon adjacent property or the public health, safety and general welfare, and that the location of such uses are specified in the final development plan. (Ord. 97-3. Passed 5-19-97.)
1131.05 OWNERSHIP.
A PUD shall be in joint or common ownership or control at the time the application is made for the PUD District. Any transfer of land within the development resulting in ownership within the development by two or more parties after an application has been filed shall not alter the applicability of the regulations contained herein. A development plan approved hereunder shall be binding upon the applicant(s), their successors and assigns and shall limit and control the validity of development plans and all certificates of zoning compliance.
(Ord. 97-3. Passed 5-19-97.)
1131.06 DENSITY AND DEDICATED LANDS.
Any density up to and including eight (8) dwelling units per acre may be applied for, but the density of the project shall be equal to the sum of all dwelling units proposed by the project application divided by the net land area of the site; the net land area of the site shall be the total land area of the site included in the application minus dedicated streets.
(Ord. 97-3. Passed 5-19-97.)
1131.07 MINIMUM PROJECT SIZE.
The gross area of the tract of land to be developed in a PUD shall be a minimum of five (5) continuous acres. Where the tract involves or demonstrates unusual topography or exceptional character, the Village of Cardington, Ohio, Planning and Zoning Commission may consider changing the minimum acreage requirements on a case by case basis depending on the tract's potential to satisfy the intent of these regulations. When the PUD proposal contains a mixture of residential uses with commercial or industrial uses, the Commission shall limit the development of not more than fifteen percent (15%) of the tract to be commercial and not more than fifteen percent (15%) to be light industrial.
(Ord. 97-3. Passed 5.19-97.)
(Ord. 97-3. Passed 5.19-97.)
1131.08 LOT REQUIREMENTS.
(a) (1) The minimum lot area for a single family dwelling in a PUD shall be 6,000 square feet. The minimum lot area for a two-family dwelling shall be not less than 6,000 square feet. There is no minimum lot area for a multi- family dwelling.
(2) The lot requirements of this section are the minimum size necessary for consideration as a PUD District. The Village Planning Commission may require a larger lot size.
(b) Lot width and setback and yard requirements may be varied to accommodate a variety of structural patterns, clustering designs and housing types.
(c) To provide for the availability of low and moderately priced rental and sale residences (as defined by current HUD income limit and utility allowance guidelines) within a PUD, the following uses may be permitted:
(1) A PUD plan proposing the inclusion of at least fifteen percent (15%) low income rental or sale dwelling units need not meet any minimum lot size requirements, provided that the total area of the residential development is equal to ninety percent (90%) of the total minimum lot size requirements for such a residential development as required by this Zoning Ordinance, and that buffering and screening devices are sufficient.
(2) A PUD plan proposing the inclusion of at least ten percent (10%) low income rental or sale dwelling units may receive a dwelling unit density fifteen percent (15%) in excess of the density requirement for the PUD.
(3) A PUD plan proposing the inclusion of at least ten percent (10%) moderate income rental or sale dwelling units may receive a dwelling unit density ten percent (10%) in excess ofthe density requirement for the PUD.
(4) Each property development in the PUD should abut common open space or similar areas, provided that any residential property not abutting such uses shall have well designed access to and shall be no more than 500 feet from such uses. (Ord. 97-3. Passed 5-19-97.)
1131.09 BUILDING HEIGHTS.
No single-family or two-family structure shall exceed two and one-half stories or thirty-five (35) feet in height. No multi-family structure shall exceed three stories or forty (40) feet. No detached accessory structure shall exceed fifteen (15) feet in height.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1131.10 COMMON OPEN SPACE REQUIRED.
(a) At least fifteen percent (15%) of the total gross acreage of the PUD shall be devoted to open space designed to provide active recreation, passive recreation, the preservation of natural site amenities or any combination thereof. No individual, noncontiguous segment of the open space shall be less than .5 acres. The buildings, structures and improvements to the open space shall be appropriate to the uses which are authorized for the open space, having regard to its topography and unimproved condition. Public utility and similar easements, rights of way for streets and roads, and rights of way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or similar purpose and has been approved by the Village of Cardington, Ohio, Planning and Zoning Commission.
(b) The responsibility for the maintenance of all open spaces shall be specified by the developer in writing before approval of the final development plan. The required amount of common open space reserved under a PUD shall either be held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development, or be dedicated to a homeowners' association that shall have title to the land which shall be retained as common open space for parks, recreation, and related uses. The legal articles relating to the organization of the homeowners' association are subject to review and approval by the Village of Cardington, Ohio, Planning and Zoning Commission and shall provide adequate provisions for the perpetual care and maintenance of all common areas.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1131.11 COMMERCIAL AND INDUSTRIAL USES.
(a) When PUD's include commercial or light industrial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with streets. Screening or fences shall be provided on the perimeter of the commercial or light industrial areas abutting the residential areas. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial, nonindustrial areas.
(b) All area designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Village of Cardington, Ohio, Planning and Zoning Commission.
(Ord. 97-3. Passed 5-19-97.)
1131.12 PLAN CONTENTS.
The basic process shall require submittal and approval of a preliminary development plan and a final development plan. A concept plan shall be optional. All plans shall be drawn to scale suitable to the scope of the project and acceptable to the Village of Cardington, Ohio. Twelve copies of each plan shall be submitted to the Village of Cardington, Ohio, Planning and Zoning Commission.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1131.13 CONCEPT PLAN.
The concept plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character and nature of the entire proposed Planned Unit Development without incurring undue cost. The applicant may, at his or her option, submit a concept plan for Village of Cardington, Ohio, Planning and Zoning Commission consideration. All applicants shall arrange a meeting with the Village of Cardington, Ohio, staff to discuss the nature of the Planned Unit Development requirements, general plans for the area, utility and traffic considerations and general application procedures prior to filing a preliminary application with the Village of Cardington, Ohio.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1131.14 PRELIMINARY DEVELOPMENT PLAN REQUIREMENTS.
(a) Following approval of the concept plan or the meeting with the Village of Cardington, Ohio, staff, a preliminary development plan may be submitted to the Village of Cardington Planning and Zoning Commission. Such plan shall contain the following information:
(1) The name, address and phone number of applicant.
(2) The name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan.
(3) The legal description of the property.
(4) The property's present use(s).
(5) The present and proposed zoning classification.
(6) Proposed schedule for development of the site.
(7) North point and scale.
(8) Topography with a slope classification system.
(9) Existing roads, buildings, and permanent facilities.
(10) Jurisdictional boundaries.
(11) Easements, rights of way, abutting property boundaries.
(12) Physical features and natural conditions of the site including the location of substantial tree masses.
(13) Surface drainage and areas subject to flooding.
(14) Existing utility systems.
(15) The regional transportation system, if any.
(16) Proposed location and size of areas of residential use, indicating dwelling unit densities, dwelling unit types, the total number of dwelling units for each density area and the total number of dwelling units proposed in the development plan.
(17) The proposed location, size and use of nonresidential portions of the project, including usable open space, parks, playgrounds, school sites and other public areas and open spaces with the suggested ownership of such areas.
(18) The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence or reasonableness. All utility services shall be underground.
(19) The proposed traffic circulation patterns, including their relationship to topography and existing streets.
(20) The proposed schedule of site development, construction of structures and associated facilities. Such schedule shall include the proposed use or reuse of existing features such as topography, structures, streets, easements and other public improvements.
(21) A list containing the names and mailing addresses of all owners of property within 200 feet of the property in question.
(b) The application for the preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his or her opinion, the PUD would be in the public interest and would be consistent with the stated intent of these PUD requirements.
(Ord. 97-3. Passed 5-19-97.)
1131.15 FINAL DEVELOPMENT PLAN REQUIREMENTS.
(a) Following approval of the preliminary plan, a final development plan shall be submitted to the Planning and Zoning Commission, provided that no major details of any final development plan shall necessitate revision of those portions of the approved preliminary development plan located outside of the area to be within the boundaries of the final development plan. A revised preliminary development plan shall be approved by the Village of Cardington, Ohio, Planning and Zoning Commission, before approval is granted for the final development plan.
(b) Final development plans are intended to be detailed refinements of plans for development and as such shall be accurate, detailed representations of the total aspect of the approved preliminary development plan. Contents of the final development plan shall include:
(1) The boundaries of the property which is the subject of the final development plan with accurate distances and bearings from an established monument on the project to the three nearest established street lines or official monuments;
(2) All municipal, corporation, township and county lines and section lines traversing or immediately adjacent to the property being the subject of the final development plan, and adjacent subdivision boundaries within 200 feet of such property, accurately referenced to the boundaries of the project by bearings and distances;
(3) A bar scale, north point, legal description and total acreage of the area which is the subject of the final development plan;
(4) Monuments shall be placed at each corner, each change of direction of boundary, and at each street intersection. Monuments shall be six inches in diameter by thirty inches in depth with an iron pipe in the center.
(5) A certification by a surveyor registered in the State that the plan represents a survey made by him or her and that the monuments shown actually exist and that all dimensional and geodetic details are correct;
(6) Accurate outlines, dimensions and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners, and the acreage of such reserved areas;
(7) The lines of adjoining streets and alleys with their width and names;
(8) The proposed locations of all trafffic control devices and/or signs and pavement markings;
(9) All lot lines and easements with their purpose and dimensions;
(10) Radii, arcs, points of tangency, central angles for all curvilinear streets and radii for all rounded corners;
(11) The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, playgrounds, school sites, open spaces, sidewalks and other public or private facilities;
(12) A detailed statement of all uses proposed to be established indicating the areas to be occupied by each use and the anticipated density of population and building intensity;
(13) Detailed engineering plans for the provision of all streets and utilities including provisions for offsite connections and facilities necessary to serve the entire area which is the subject of the final development plan; street lights, manholes;
(14) Detailed engineering site grading plans including proposed finished grades;
(15) Proposed drainage facilities;
(16) Detailed landscaping plans;
(17) Architectural drawings including elevations demonstrating the design and character of the proposed structures, buildings, uses and facilities, and the physical relationship of all elements;
(18) All proposed restrictions or references made thereto and proper acknowledgment of owners and/or holders of mortgages accepting such restrictions;
(19) Evidence that the applicant has sufficient control over the land in question to initiate the proposed project within five years;
(20) A certificate to the effect that the owner will dedicate to public use those appropriate uses, streets, parks and other lands intended for public use, provided those areas are acceptable to the Village of Cardington, Ohio Planning and Zoning Commission;
(21) A tabulation showing the exact area of each lot, reserve or other parcel shown on the plan (other than streets and alleys), such areas to be completed inclusive of and after the extensions of lot or parcel lines to the centerlines of contiguous public ways, such as streets and parking areas;
(22) Approval of detailed water and sewer engineering plans by the Village of Cardington, Ohio, Planning and Zoning Commission;
(23) Space for signature of the Village of Cardington, Ohio, Planning and Zoning Commission chairperson and approval;
(24) Location and character of all signs;
(25) The proposed size, location, ownership and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites, other public areas and open spaces, and the methods of access whereby all residents of the PUD can have ingress and egress from the aforesaid areas or portions of the tract whether such areas have been previously established or will be established in the future. (Ord. 97-3. Passed 5-19-97.)
1131.16 BASIS FOR PLAN APPROVAL.
The basis for approval of a preliminary plan and the basis for approval of a final development plan shall be:
(a) That the proposed development is consistent in all respects with the purpose, intent and applicable standards of this Zoning Ordinance;
(b) That the proposed development is in conformance with the appropriate comprehensive plan or portion thereof that may apply;
(c) That the proposed development advances the general welfare of the Village of Cardington, Ohio, and the immediate vicinity;
(d) That the benefits, improved arrangement and design of the proposed development justifies the deviation from the standard development requirements included in this Zoning Ordinance;
(e) That the various types of land or buildings proposed in the project and their relationship to each other meet the purpose of this Zoning Ordinance;
(f) That the proposed density of dwelling units does not violate any contractual agreement contained in any utility contract then in effect;
(g) That the traffic and circulation systems within the proposed project provide for the smooth transit flow within the development and with roads adjacent to the development;
(h) That the building heights of all structures do not adversely impact on adjacent facilities;
(I) That the front, side and rear yards at the development periphery do not adversely impact adjacent lots;
(j) That the gross commercial building area does not exceed the requirements of this Zoning Ordinance;
(k) That adequate spaces are provided between buildings and open areas;
(l) That the width of streets in the project will provide adequate ingress and egress for the residents and people traveling within the project site as well as emergency and service vehicles;
(m) That setbacks from the streets meet good design standards;
(n) That all off-street parking and loading standards are met;
(o) That the order in which the development will likely proceed in complex, multi-use developments is spelled out and clear;
(p) That estimates of time required to complete the development are clearly spelled out to the Village of Cardington, Ohio, Planning and Zoning Commission.
(Ord. 97-3. Passed 5-19-97.)
1131.17 PROCEDURE FOR APPROVAL.
The following procedures shall be used to secure approval of a Planned Unit Development and the appropriate change of zoning resulting therefrom.
(a) The preliminary plan together with an application shall be filed with the Mayor or his designated representative. The preliminary development plan and accompanying documents shall be then forwarded to the appropriate Village of Cardington, Ohio, staff member(s) for a report(s); said report(s) shall be received by the Village of Cardington, Ohio, Planning and Zoning Commission. No conditional or provisional approval will be issued by the Planning and Zoning Commission prior to forwarding the recommendations on the final plan to Village Council.
(b) The Village of Cardington, Ohio, Planning and Zoning Commission shall have a reasonable time, not less than thirty days to consider the preliminary development plan and to report its recommendations to Council. When the report and recommendation of the Village of Cardington, Ohio, Planning and Zoning Commission has been received by Council, Council shall forthwith establish a date for a public hearing on the plan, giving notice using the appropriate posting and notice criterion. Which hearing shall be heard not later than 60 days following Council's receipt of the recommendation. Each member of the Village of Cardington, Ohio, Planning and Zoning Commission shall be given reasonable notice of the public hearing before Council and shall be permitted in his or her official capacity as a member of the Village of Cardington, Ohio, Planning and Zoning Commission to participate in the hearing and provide advice to Council. The report and recommendation of the Village of Cardington, Ohio, Planning and Zoning Commission on the preliminary development plan, shall be available for public inspection for the period of ten (10) days immediately preceding the public hearing. Within thirty (30) days following the hearing, Council shall take action either approving, modifying or rejecting the recommendations of the Commission.
If the action of Council is to modify or reject the recommendation, it must be passed by three-fourths (3/4) majority of the members of Council voting. Council shall adopt an ordinance not later than thirty (30) days thereafter consistent with the action taken; the passage of the ordinance shall constitute a rezoning of the property included in the preliminary development plan. If Council fails to pass an ordinance within the requisite time frame, the recommendation of the Planning and Zoning Commission shall be deemed approved.
(c) Within 240 days of notice of approval of the preliminary development plan, the applicant shall submit a final development plan for at least twenty percent (20%) of the gross area contained within the approved preliminary development plan. Such twenty percent (20%) submitted shall consist of the substantive part of the development and shall not be comprised of open space, parklands, etc., to the extent of more than one-fourth of the twenty percent (20%) submitted in the final development plan. Upon good cause shown by the applicant and by a majority vote of the Village of Cardington, Ohio, Planning and Zoning Commission, the Commission may extend the 240-day period if the request is submitted prior to the expiration date. The failure to submit a final development plan for at least twenty percent (20%) of the development within such 240-day period shall invalidate any prior approvals given or fees paid. The final development plan shall also be forwarded to the Village of Cardington, Ohio, Planning and Zoning Commission for study and approval. Copies of the final development plan shall also be forwarded to the Village Engineer, Clerk of the Village of Cardington, Ohio, Planning and Zoning Commission and other Village Departments and staff member(s) designated to receive copies of the plan for a report(s). Said report(s) shall have been received by the Village of Cardington, Ohio, Planning and Zoning Commission prior to the Village of Cardington, Ohio, Planning and Zoning Commission's approval of the final development plan.
(d) Following receipt of a final development plan and accompanying documents from the Village of Cardington Mayor or his designated representative, it shall be the duty of the Village of Cardington, Ohio, Planning and Zoning Commission to review such a plan and determine whether it complies with the regulations of this section, that it represents a detailed and precise expansion and delineation of the previously approved preliminary development plan, that it complies with all conditions which may have been given at the time of approval of the preliminary development plan and that the matters contained therein are consistent with sound zoning and planning concepts and the criteria established, or that before it can be considered, it requires an amendment of the preliminary development plan.
(e) If the Village of Cardington, Ohio, Planning and Zoning Commission finds that the final development plan complies in all respects with the regulations of this section and the previously approved preliminary development plan, the Village of Cardington, Ohio, Planning and Zoning Commission shall approve the plan and the chairperson of the Village of Cardington, Ohio, Planning and Zoning Commission shall affix his or her signature and approval date thereto attesting to such approval. If the Village of Cardington, Ohio, Planning and Zoning Commission finds that the final development plan necessitates revision of portions of the approved preliminary development plan located outside of the area to be included within the boundaries of the final development plan, it shall require that an amended preliminary development plan be submitted and approved in accordance with this section before the Planning and Zoning Commission may consider the final development plan. At such time as an amended preliminary development plan is so approved, consideration of such final development plan shall be given by the Village of Cardington, Ohio, Planning and Zoning Commission in accordance with subsections (a) and (b) hereof). Following approval of the final development plan and the attestation of such action by the chairperson of the Village of Cardington, Ohio, Planning and Zoning Commission, the applicant shall provide one mylar copy of all plans as part of the final development plan for records of the Village of Cardington, Ohio.
At any time, the applicant and/or his or her successors in title to the property may submit an amended preliminary development plan. In such an event, the same procedures shall be followed as in the case of an original preliminary development plan and if approved, such amended preliminary development plan shall in all respects be considered as if it were the originally adopted preliminary development plan.
(f) No later than six months following approval of the final development plan by the Village of Cardington, Ohio, Planning and Zoning Commission, a final subdivision plat prepared in accordance with all applicable requirements of the Subdivision Regulations for the Village of Cardington, Ohio, for the area covered by the final development plat shall be prepared for Council approval prior to appropriate recording. Such six-month period may be extended by the Commission for good cause.
(g) No final plat shall be approved by Council as a final plat unless:
(1) The owner has completed or has agreed in writing to complete all public improvements required by the final development plan within one year from the date of approval of the final plat or such extension of time as may be granted by Council and has agreed that he will maintain such public improvements for a period of one year after their acceptance by the Village of Cardington, Ohio.
(2) The owner has agreed that all construction work and materials used in connection with public improvements in the area platted will conform to the requirements of the Village of Cardington, Ohio, and be installed under the Village of Cardington, Ohio, Engineer's general supervision; that he will notify the Village of Cardington, Ohio, Engineer in writing three (3) days or more before any construction begins on such improvements in order to permit inspection; that he will hold the Village of Cardington, Ohio, free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his cost and expense, any suit or action brought against the Village of Cardington, Ohio, by reason thereof, until the improvement has been accepted by the Village of Cardington, Ohio, that in the event of any violation of or noncompliance with, any of the provisions or stipulations of the agreement, the Village of Cardington, Ohio; shall have the right to stop the work forthwith and complete or cause that completion of such improvements according to the approved plat and agreement and that in such event the owner shall reimburse the Village of Cardington, Ohio, for any and all expenses incurred thereby.
(3) The owner has furnished bond or bonds payable to the Village of Cardington, Ohio, with sureties acceptable to Council conditioned upon performance by the owner of the agreement, or in lieu of such bond or bonds, some other security satisfactory to Council. The aggregate amount or value of such bond, -bonds and/or other security shall be equal to the sum of the following:
A. The bid price of constructing the public improvements not already constructed, and verified by the Village of Cardington, Ohio, Engineer; and
B. Ten percent (10%) of the bid price of construction of all required improvements for the purpose of maintaining them for one year.
(4) The owner has placed on deposit those funds which the Village of Cardington reasonably anticipates will be incurred by the Village in the construction process including but not limited to inspection, engineering and legal fees.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1133.01 ZONING INSPECTOR.
(a) The position of Zoning Inspector is hereby created. They shall be recommended by the Village Administrator, subject to the approval of the Mayor and Village Council. The Zoning Inspector shall be considered an at will employee and their immediate supervisor shall be the Village Administrator. The zoning inspector will receive such compensation and provide such assistance as the Council may provide.
(b) The Zoning Inspector shall have the following duties:
(1) Issue zoning permits when the Zoning Ordinance has been followed and all conditions met, or, refuse to issue same in the event of non-compliance.
(2) Enforce this Zoning Ordinance and take all necessary steps to remedy any condition found in violation by ordering in writing, the discontinuance of illegal uses or illegal work in progress, and request the Village of Cardington, Ohio, Solicitor to commence appropriate legal action when necessary.
(3) Keep the Commission and Council advised of all matters other than routine duties pertaining to the enforcement of this Zoning Ordinance, Applications, Appeals, Variances, Conditional Uses, and Exceptions, and transmit all applications and records pertaining to Amendments, Appeals, Variances, Conditional Uses, and Exceptions as required.
(4) Keep reports/photos of all non-conformity uses "grant fathered" into the system. Make and keep records on all Applications, Amendments, Appeals, Variances, Conditional Uses, and Exceptions and all issuances, denials and complaints. Said records should include all documentation and photos.
(5) Visit construction sites to verify that structures under construction are in compliance with this Zoning Ordinance, including all setback and maximum and minimum specifications.
(6) Present evidence and attend all Zoning Commission meetings.
(7) The Zoning Inspector shall also performed other duties as assigned
(Ord. 2010-12. Passed 4-5-10.)
(c) The Zoning Inspector, before entering upon the duties of his office, shall give bond signed by a bonding or surety company authorized to do business in this State, or, at his option, signed by two (2) or more freeholders having real estate in the value of double the amount of the bond, in the amount specified by Cardington Council. Such surety company or real estate bond shall be approved by the Cardington Council and the bond shall be conditioned upon the faithful performance of such Zoning Inspector's official duties. Such bond shall be deposited with the Village Clerk.
(d) The Zoning Inspector shall be considered an at will employee and may be removed upon recommendation of the Mayor with the concurring vote of two-thirds (2/3) of the elected members of Council; or upon the vote of three-quarters (3/4) of the elected members.
(Ord. 97-3. Passed 5-19-97.)
1133.02 ZONING AND BUILDING PERMITS REQUIRED.
(a) Before construction of a new building or the move, modification or addition to or alteration to an existing use of a building or premises, an application shall be made to the Zoning Inspector for a Zoning Permit. By way of clarification, the following are examples where a zoning permit shall be required:
New house New construction: shed, building, garage Significant addition, alteration, modification to a building changing the footprint of the building on the property, for example adding a new room to a home where no structure was before New patio New porch New deck New sidewalk New driveway New ramp Non-portable swimming pool Permanent sign Anything that significantly changes the building footprint of a property Items that should not require a permit:
Improvements less than $2,000 Fences Small dog houses, animal homes, less than 10 by 10 Handicap ramps External or internal repairs to a structure that does not change the footprint of the lot Replacement or upgrade of a structure that does not change the footprint of the lot Temporary signs (yard sale, garage sale, political signs) Portable swimming pools The application shall include the following information:
(1) The exact location of the lot and existing buildings, the existing zoning classification and land use of the property, and the immediately surrounding area.
(2) A plot plan drawn to scale showing the exact dimensions of the lot to be built upon.
(3) The exact location, dimensions, and height of structures to be erected.
(4) The existing and intended use.
(5) The yard, open area and number and dimensions and numbers of parking spaces.
(6) Legal description of property.
(7) Anticipated timeline for project.
(8) Name, address and phone number of applicant.
(9) Name, address and phone number of owner.
(10) Any other pertinent data as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.
(Ord. 2011-52. Passed 11-7-11.)
(b) Within thirty (30) days after a receipt of application, the Zoning Inspector shall either approve or disapprove the application. If approved the Inspector shall issue a Zoning Permit and return one (1) copy of the plans to the applicant marked as approved and one (1) copy of the plans so marked will be retained by the Zoning Inspector, if the application complies with the requirements of this Zoning Ordinance and the application is accompanied by the proper fee.
(c) The Zoning Permit shall become void at the expiration of six (6) months after date of issuance unless construction is started. If no construction is started or use changed within six (6) months of date of Permit, a new permit is required. If construction is delayed six (6) months or is not substantially completed within twelve (12) months, said permit(s) shall expire and be revoked. Written notice of the Inspector's revocation shall be given by the Inspector to the persons attested together with notice that further work as described in the canceled permit shall not proceed until a new zoning permit has been obtained. (Ord. 97-3. Passed 5-19-97.)
(d) Notwithstanding the above, no permit shall be approved if the property owner and/or applicant is currently in violation of the Village's Zoning Ordinance.
(Ord. 2011-52. Passed 11-7-11.)
1133.03 FEE SCHEDULE.
Council by ordinance or resolution shall establish a schedule of fees, charges and expenses and a collection procedure for Zoning Certificates, Certificates of Use, appeals and other matters pertaining to this Zoning Ordinance. The schedule of fees shall be available in the office of the Clerk and may be altered and amended only by ordinance of Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. All funds shall be made payable to the Village. All fees shall be paid to the General Fund.
(Ord. 97-3. Passed 5-19-1997.)
1133.04 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector. The Zoning Inspector shall promptly record such complaint, immediately investigate, and take action thereon as provided by this Zoning Ordinance.
(Ord. 97-3. Passed 5-19-97.)
1133.05 NONCONFORMING USES.
(a) Within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Zoning Ordinance was passed or amended which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance, or future amendments. It is the intent of this Zoning Ordinance to permit these nonconformities to continue until they are removed, to provide for their conversion into conforming uses as soon as it is reasonably possible, but not to encourage additional nonconformities.
(b) Uses under conditional use provisions not nonconforming uses. Any use which is permitted as a conditional use in a district under the terms of this Zoning ordinance shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use. (Ord. 97-3. Passed 5-19-97.)
1133.06 VIOLATIONS.
Any use of land or premises carried on in violation of any provision of this Zoning Ordinance is declared to be a nuisance and shall be subject to the Penalties stated in this Zoning Ordinance. Any building or land use activities considered possible violations of the provisions of this Zoning Ordinance which are observed by the residents of the Village shall be reported to the Village Zoning Inspector.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1133.07 INSPECTION.
The Zoning Inspector shall inspect each alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this Zoning Ordinance.
(Ord. 97-3. Passed 5-19-97.)
1133.08 CORRECTION PERIOD.
All violations shall be corrected within a period of thirty (30) days after the written order is issued or for a longer period of time as indicated by the Zoning Inspector. Any violations not corrected within the specified time period shall be reported to the legal counsel who shall initiate prosecution procedures. (Ord. 97-3. Passed 5-19-97.)
1133.09 PENALTIES FOR VIOLATIONS.
(a) Any person, firm or corporation, who violates any provision of this Zoning Ordinance for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree. (See Village of Cardington, Code Section for Penalties.) Each ten (10) days such violation shall be permitted to exist shall constitute a separate offense.
(b) The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who knowingly commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties provided in subsection (a) above.
(c) Nothing herein contained shall prevent the Village of Cardington from taking such other lawful action as is necessary to prevent or remedy any violations.
(Ord. 97-3. Passed 5-19-97.)
1133.10 CERTIFICATE OF USE.
It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure or premises, or part thereof, whether hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure or upon a change in ownership or occupant until a certificate of use shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Zoning Ordinance. (Ord. 97-3. Passed 5-19-97.)
1133.11 RECORD OF CERTIFICATES OF USE.
The Zoning Inspector shall maintain a record of all certificates of use and a copy shall be furnished upon request to any person upon payment of specified fee.
(Ord. 97-3. Passed 5-19-97.)
1133.12 TEMPORARY CERTIFICATE OF USE.
A temporary certificate of use may be issued by the Zoning Inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 97-3. Passed 5-19-97.)
1133.13 FAILURE TO OBTAIN A ZONING CERTIFICATE OR CERTIFICATE OF USE.
Failure to obtain a zoning permit or certificate of use shall be a violation of this Zoning Ordinance and punishable under Section 1133.09. (Ord. 97-3. Passed 5-19-97.)
1133.14 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, AND CERTIFICATES.
Zoning permits or certificates of use issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Use or construction at variance with that authorized shall be deemed a violation of this Zoning Ordinance and punishable as provided in Section 1133.09. Before any Certificate of Use is issued, the applicant must first provide to the Zoning Inspector copies of all applicable inspection reports, including any inspections by State and county personnel.
(Ord. 97-3. Passed 5-19-97.)
1133.15 VIOLATION REMEDIES.
In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance or any amendment thereto, the Village Council, the Village Solicitor, or the Zoning Inspector, or any adjacent or neighboring property owner who would be specially damaged by such violation, may in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, or business or use in or about such premises. (Ord. 97-3. Passed 5-19-97.)
1133.16 SITE/BUILDING PERMITS REQUIRED.
A building permit is required for new construction and for additions to existing buildings. (Ord. 97-3. Passed 5-19-97.)
1135.01 INTENT.
Within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Zoning Ordinance was passed or amended which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance, or future amendments. It is the intent of this Zoning Ordinance to permit these nonconformities to continue until they are removed, to provide for their conversion into conforming uses as soon as it is reasonably possible, but not to encourage additional nonconformities. (Ord. 97-3. Passed 5-19-97.)
1135.02 USES UNDER CONDITIONAL USE PROVISIONS ARE NOT NONCONFORMING USES.
(a) Any use which is permitted as a conditional use in a district under the terms of this Zoning Ordinance shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.
(b) The lawful use of any lot, structures, uses of land structures, and characteristics of use, as existing and lawful at the time of enactment of this Zoning Ordinance or amendments thereto, may be continued, although such use does not conform with the provisions of this Zoning Ordinance or amendments. If no structural alterations are made, any nonconforming use of a structure or structure in premises, lots or characteristics of use, may, as a conditional use, be changed to another nonconforming use, provided that the Cardington Planning and Zoning Commission finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards in accord with other provisions of this Zoning Ordinance.
(c) No nonconforming building or use may be enlarged, extended or otherwise expanded except upon the granting of a conditional use permit issued by the Cardington Planning and Zoning Commission pursuant to this section. The Commission shall have the power to permit changes and extensions of nonconforming uses as follows:
(1) A nonconforming use of a less objectionable nature may be substituted for an existing nonconforming use.
(2) An existing, legal nonconforming use which occupied only a portion of an existing structure or premises may be extended throughout such structure or premises.
(3) The alteration or reconstruction of a nonconforming use or building provided that such will make the nonconforming use substantially more in character with its surroundings.
(4) The extension of a nonconforming use when such extension will substantially make the nonconforming use more in character with its surroundings.
(5) Any extension, alteration or reconstruction shall not be greater than fifty percent (50%) of the size of the nonconforming use that existed at the time of passage of this Zoning Ordinance.
(d) The Commission may impose such requirements and conditions as they may deem necessary for the protection of adjacent properties and the public interest.
(Ord. 97-3. Passed 5-19-97.)
1135.03 DISCONTINUANCE.
In the event that a non-conforming use of any dwelling, building or structure and of any land or premises is voluntarily discontinued for two (2) years or more, any future use thereof shall be in conformity with the provisions of this Zoning Ordinance.
(Ord. 97-3. Passed 5-19-97.)
1137.01 CREATION.
The Cardington Planning and Zoning Commission is hereby created. The Commission shall consist of the Mayor, (3) residents appointed by the Mayor and confirmed by the Council, each for a term of (3) three years, one member elected from Council for the remainder of his term will serve as a voting member. Members of the Commission may be removed from office by the Council, for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the Council upon recommendation of the Mayor for the unexpired term of the member. The Mayor shall serve as Chairman of the Commission. (Ord. 97-3. Passed 5-19-97.)
1137.02 QUORUM; VOTING.
(a) Three members present shall constitute a quorum of the Commission;
(b) Three affirmative votes shall be required for the passage of any resolution.
(Ord. 97-3. Passed 5-19-97.)
1137.03 CLERK.
The position of Clerk to the Cardington Planning and Zoning Commission is hereby created. The Clerk shall be appointed by the Commission upon the approval of the Cardington Council. Salary, and or other compensation, shall be established by the Cardington Council. The duties of the Clerk shall be defined in the operating procedures adopted by the Cardington Regional Planning and Zoning Commission. (Ord. 97-3. Passed 5-19-97.)
1137.04 PROCEEDINGS.
The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meeting shall be open to the public. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the office of the Village of Cardington.
(Ord. 97-3. Passed 5-19-97.)
1137.05 DUTIES.
In exercising its duties, the Commission may, as long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed and may make such order, requirement, decision, or determination appropriate, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. For the purpose of this Zoning Ordinance the Commission has the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Inspector, and
(b) To authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. In permitting such variances, the Commission may establish conditions precedent to the granting thereof which it deems necessary to accomplish the purposes of this Ordinance, and
(c) To grant conditional zoning permits as specified in the Official Schedule of District Regulations and under the conditions specified in and such additional safeguards as will uphold the intent of this Ordinance, and
(d) Review all proposed amendments to this ordinance and make recommendations to the Cardington Council, and
(e) Review all planned use development proposals and make recommendations to the Cardington Council.
(f) Fulfill any platting duties as set forth in Ohio R.C. 735.17 through 735.26.
(Ord. 97-3. Passed 5-19-97.)
1137.06 APPEALS.
It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Commission only on appeal from the decision of the Zoning Inspector, and that recourse from the
decisions of the Commission shall be to the courts as provided by law. It is further the intent of this Zoning Ordinance that the duties of the Council in connection with this Zoning Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance. Under this Zoning Ordinance Council shall have only the duties of considering and adopting or rejecting proposed amendments, rezoning, planned use developments, or the repeal of this Zoning Ordinance as provided by law, and of establishing a schedule of fees and charges as stated in Section 1133.03.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1141.01 PROCEDURE FOR AMENDMENT OR DISTRICT CHANGES.
This Zoning Ordinance may be amended utilizing the procedures specified in this chapter. (Ord. 97-3. Passed 5-19-97.)
1141.02 GENERAL.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, Council may by ordinance, after receipt of recommendation thereon from the Cardington Planning and Zoning Commission, and subject to the procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classifications of property. (Ord. 97-3. Passed 5-19-97.)
1141.03 INITIATION OF ZONING AMENDMENTS (REZONING).
Amendments to this Zoning Ordinance may be initiated in one of the following ways:
(a) By adoption of a motion by the Cardington Planning and Zoning Commission.
(b) By adoption of a resolution of Council.
(c) By filing with the Zoning Clerk of an application by at least one (1) owner or lessee of property within the area proposed to be changed or affected by said amendment. Applications will also be accepted, as a courtesy, on behalf of property owners who are seeking annexation into the Village. Said applications will only be accepted after the County Commissioners have voted to approve the annexation. Acceptance of applications after the approval of the County Commissioners but before acceptance by the Cardington Council will permit dual tracking of the annexation request with the rezoning request. Applications will be accepted as a courtesy to the property owners, recognizing that annexation requests will ultimately include an application for rezoning.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1141.04 CONTENTS OF APPLICATION FOR REZONING.
The application for amendment shall contain at least the following information:
(a) Name, address, and phone number of applicant.
(b) Proposed amendment to the text or legal description.
(c) Present use.
(d) Present zoning district.
(e) Proposed use.
(f) Proposed zoning district.
(g) A vicinity map at a scale approved by the Zoning Inspector showing property lines, streets, existing and proposed zoning and such other items as the Zoning Inspector may require.
(h) A list of all property owners within, contiguous to, and directly across the street from the parcel (s) proposed to be rezoned and others within 200 feet of the parcel.
(i) A statement on how the proposed amendment relates to the comprehensive plan.
(j) A fee as established by Cardington Council. (Ord. 97-3. Passed 5-18-97.)
1141.05 TRANSMITTAL TO PLANNING AND ZONING COMMISSION.
Immediately after the adoption of a resolution by the Council or the filing of an application by at least one (1) owner or lessee of property, said resolution or application shall be transmitted to the Commission. (Ord. 97-3. Passed 5-19-97.)
1141.06 PUBLIC HEARING.
The Cardington Planning and Zoning Commission shall schedule a public hearing after the adoption of a motion, transmittal of a resolution from Cardington Council, or the filing of an application for zoning amendment. Said hearing shall be not less than twenty (20) days from the date of the receipt of such motion, transmittal of such resolution, or the filing of such application. (Ord. 97-3. Passed 5-19-97.)
1141.07 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing provided in Section 1141.06, notice of such hearing shall be given by the Cardington Planning and Zoning Commission by at least two (2) publications in one or more newspapers of general circulation in Cardington and/or Morrow County at least fifteen (15) days before the date of said hearing. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to Cardington Council for further determination. (Ord. 97-3. Passed 5-19-97.)
1141.08 NOTICE TO PROPERTY OWNERS.
If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Cardington Planning and Zoning Commission by first class mail, at least fifteen (15) days before the date of the hearing. This notice shall be sent to all owners of property within, contiguous to, and directly across the street, and 200 feet from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to each other list or lists that may be specified by the Cardington Council. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1141.07. (Ord. 97-3. Passed 5-19-97.)
1141.09 RECOMMENDATION BY PLANNING AND ZONING COMMISSION.
Within fifteen (15) days after the public hearing provided in Section 1141.06, the Cardington Planning and Zoning Commission shall recommend to Cardington Council that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be not granted. If the Commission makes no report within fifteen (15) days, Council may proceed without such report.
(Ord. 97-3. Passed 5-19-97.)
1141.10 PUBLIC HEARING BY COUNCIL.
Upon receipt of the recommendation from the Planning and Zoning Commission, or after expiration of fifteen (15) days as set forth in Section 1141.09, Council shall schedule a public hearing. (Ord. 97-3. Passed 5-19-97.)
1141.11 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Notice of the public hearing shall be given by Cardington Council in at least one (1) publication in one (1) or more newspapers of general circulation in the Village of Cardington. Said notice shall be published at least thirty (30) days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1141.12 NOTICE TO PROPERTY OWNERS BY COUNCIL.
If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty (20) days before the day of the public hearing to all owners within, contiguous to, and directly across the street, and 200 feet from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by Council. The failure to deliver the notification, as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1141.07.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1141.13 ACTION BY COUNCIL.
(a) Within thirty (30) days after the public hearing, the Cardington Council shall consider the recommendation of the Cardington Planning and Zoning Commission and vote on the proposed amendment to the Zoning Ordinance. In the event the Council denies or modifies the recommendation of the Planning and Zoning Commission or if there is no such recommendation, it must do so by not less than three-fourths of the full membership of Council. No such ordinance shall be passed unless it has been fully and distinctly read on three different days before Council, except that such Zoning Ordinance may become emergency legislation if three-fourths of the members of Council vote to dispense with the three-reading rule.
(b) In the event there are an insufficient number of affirmative votes to validly adopt, modify, or deny the recommendation, said recommendation of the Planning and Zoning Commission shall be deemed adopted by implication. (Ord. 97-3. Passed 5-19-97.)
1141.14 EFFECTIVE DATE AND REFERENDUM.
(a) Such amendment adopted by Council shall become effective thirty (30) days after the date of the passage of such adoption unless within thirty (30) days after the passage of the ordinance there is presented to the Cardington Clerk a petition, signed by a number of qualified voters residing in Cardington equal to not less than ten percent (10%) of the total vote cast at the last preceding general election at which a Governor was elected, requesting the Cardington Council to submit the zoning ordinance to the electors of Cardington for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters it shall take immediate effect. (Ord. 97-3. Passed 5-19-97.)
1145.01 GENERAL.
Appeals and variances shall conform to the procedures and requirements of this Zoning Ordinance. It is the purpose of this chapter to establish procedures and requirements for the hearing of appeals and variances. As is specified in Sections 1137.05 and 1137.06, the Cardington Planning and Zoning Commission has appellate jurisdiction relative to variances, conditional uses, nonconforming uses, and appellate jurisdiction relative to appeals.
(a) Appeals. Appeals to the Cardington Planning and Zoning Commission concerning interpretation or administration of this Zoning Ordinance may be filed by any person aggrieved or by any officer of the Village Council of Cardington affected by the decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision by filing, with the Zoning Inspector and with the Cardington Planning and Zoning Commission a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Cardington Planning and Zoning Commission a copy of all the papers constituting the record upon which the action appealed from was taken.
(b) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Cardington Planning and Zoning Commission after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Cardington Planning and Zoning Commission or by a court of record, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(Ord. 97-3. Passed 5-19-97.)
1145.02 VARIANCES.
The Cardington Planning and Zoning Commission may authorize upon appeal in specific cases and subject to appropriate conditions such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where it is a conforming use of land, and owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. No nonconforming use of lands, structures, or buildings in the same or in other districts shall be considered grounds for issuance of a variance.
(a) Application and Standards for Variances. A variance from the terms of this Zoning Ordinance shall not be granted by the Cardington Planning and Zoning Commission unless and until a written application for a variance is submitted to the Zoning Inspector and the Cardington Planning and Zoning Commission containing:
(1) Name, address, and phone number of applicant(s);
(2) Legal description of property;
(3) Description of nature of variance requested;
(4) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
B. That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance;
C. That special conditions and circumstances do not result from the actions of the applicant;
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Ordinance to other lands, structures, or buildings in the same district.
(5) A list of the property owners and their addresses, contiguous to and directly across the street(s) from the property for which the variance is proposed.
(b) Supplementary Conditions and Safeguards. In granting any appeal or variance, the Cardington Planning and Zoning Commission shall prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Ordinance. Under no circumstances shall the Cardington Planning and Zoning Commission grant an appeal or variance to allow a use not permissible under the terms of this Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Ordinance in said district.
(c) Public Hearing by Planning and Zoning Commission. The Cardington Planning and Zoning Commission shall hold a public hearing not less than thirty (30) days after the receipt of an application for an appeal or variance from an action of the Zoning Inspector or an applicant. A recording shall be made of the proceedings.
(d) Notice of Public Hearing in Newspaper. Before holding the public hearing required in subsection (c) hereof, notice of such hearing shall be given in one or more newspapers of general circulation in Cardington, at least fifteen (15) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(e) Notice to Property Owners. Before holding the public hearing required in subsection (c) hereof, written notice of such hearing shall be mailed by the Clerk of the Cardington Planning and Zoning Commission, by first class mail, at least fifteen (15) days before the day of the hearing to those property owners in interest including those identified in subsection (a)(5) hereof. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (d) hereof.
(f) Action by the Cardington Planning and Zoning Commission. Within fifteen (15) days after the public hearing required in subsection (c) hereof, the Cardington Planning and Zoning Commission shall either approve, approve with supplementary conditions as specified in subsection (b) hereof, or disapprove the request for appeal or variance. The Cardington Planning and Zoning Commission shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If the request for appeal or variance is denied, the applicant may seek relief through the Court of Record. (Ord. 97-3. Passed 5-19-97.)
1149.01 PURPOSE.
Conditional uses shall conform to the procedures and requirements of this Zoning Ordinance. Certain uses not otherwise allowed under this Zoning Ordinance may, if properly controlled, be compatible with the nature and spirit of the district regulations. This Zoning Ordinance calls those uses conditional uses and lists the conditional uses that may exist within a specific district. Upon proper review and approval by the Cardington Planning and Zoning Commission, the conditional use may be granted the status of permitted use with respect to the property concerned.
(Ord. 97-3. Passed 5-19-97.)
1149.02 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.
An application for conditional use permit shall be filed with the Clerk of the Cardington Planning and Zoning Commission by at least one owner or lessee of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(a) Name, address and phone number of applicant;
(b) Legal description of property;
(c) Description of existing use;
(d) Present zoning district;
(e) Description of proposed conditional use;
(f) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic circulation, open spaces, landscaping, refuse, and service areas, utilities, signs, yards, and such other information as the Commission may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance;
(g) A narrative statement evaluating the economic effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district;
(h) A list of the property owners and their addresses, contiguous to and directly across the street(s) from the property for which the conditional use is proposed.
(Ord. 97-3. Passed 5-19-97.)
1149.03 GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES.
The Commission shall review the particular facts and circumstances of each proposed use in the terms of the following standards and before approval shall find adequate evidence showing that such use at the proposed location:
(a) Will be harmonious with, and in accordance with, the general objectives, or with any specific objective of Cardington's Zoning Ordinance;
(b) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, neighborhood and zoning district;
(c) Will not be hazardous or disturbing to existing or future neighboring permitted uses, or entail a use structure or condition of operation that constitutes a nuisance;
(d) Will be served adequately by, and not create an undue burden on, essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, 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;
(e) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors, vibrations, or electrical interference;
(f) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(g) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public street or roads; and
(h) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)
1149.04 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any conditional use, the Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1133.09.
(Ord. 97-3. Passed 5-19-97.)
1149.05 PUBLIC HEARINGS BY PLANNING AND ZONING COMMISSION.
The Commission shall hold a public hearing not less than thirty (30) days from the receipt of the application specified in Section 1149.02. A record of the proceedings shall be made.
(Ord. 97-3. Passed 5-19-97.)
1149.06 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing required in Section 1149.05, notice of such hearing shall be given in two (2) or more newspapers of general circulation in Cardington at least fifteen (15) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional use. (Ord. 97-3. Passed 5-19-97.)
1149.07 NOTICE TO PROPERTY OWNERS.
Before holding the public hearing required in Section 1149.05, written notice of such hearing shall be mailed by the clerk at least fifteen (15) days before the day of the hearing to those property owners in interest including those identified in Section 1149.02(h). The notice shall contain the same information as required of notices published in newspapers as specified in Section 1149.06. (Ord. 97-3. Passed 5-19-97.)
1149.08 BURDEN OF PROOF.
It shall be the affirmative duty of the applicant to present by the preponderance of evidence, sufficient basis to demonstrate the propriety of a conditional permit. Mere application for the permit is not sufficient. (Ord. 97-3. Passed 5-19-97.)
1149.09 ACTION BY PLANNING AND ZONING COMMISSION.
Within thirty (30) days after the public hearing required in Section 1149.05 the Commission shall either approve, approve with supplementary conditions as specified in Section 1149.04, or disapprove the application as presented. If the application is approved or approved with modifications, the Commission shall direct the Zoning Inspector to issue a conditional zoning permit listing the specific conditions specified by the Commission for approval. If the application is disapproved by the Commission the applicant may seek relief through the Court of Record. (Ord. 97-3. Passed 5-19-97.)
1149.10 EXPIRATION OF A CONDITIONAL USE PERMIT.
A conditional use permit shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than six (6) months. No Conditional Use Permit shall inure to the benefit of the heirs, successors, assigns or purchasers of a Conditional Use Permit holder.
(Ord. 97-3. Passed 5-19-97.)
1153.01 OFFICIAL ZONING MAP.
(a) Council accepts the recommendation of the Planning and Zoning Commission and adopts, as the Official Zoning Map of the Village of Cardington, the Zoning Map attached to Ordinance 2007-25 as Exhibit A.
(b) Council accepts the recommendation of the Planning and Zoning Commission to rezone those parcels of land (which exceed ten in number) which are not believed to be currently zoned as now designated on the Zoning Map and which now will be zoned as designated on the Zoning Map. (Ord. 2007-25. Passed 11-19-07.)
1153.02 IDENTIFICATION OF THE OFFICIAL ZONING MAP.
The Official Zoning Map shall be identified by the signature of the Mayor, attested by Cardington Clerk, and bearing the seal of Cardington. (Ord. 97-3. Passed 5-19-97.)
1153.03 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official Zoning Map, the following rules shall apply:
(a) Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway lines shall be construed to be such boundaries;
(b) Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries;
(c) Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map;
(d) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line; and
(e) Where the boundary of a district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of Cardington. (Ord. 97-3. Passed 5-19-97.)
1153.04 AMENDMENTS.
If in accordance with the provisions of this Zoning Ordinance changes are made in the district boundaries or other matters portrayed on the Zoning Map, such changes shall be entered on the Zoning Map promptly after the amendment has been approved by Council and the Mayor, with an entry on the Zoning Map indicating the ordinance number and date of adoption.
(Ord. 97-3. Passed 5-19-97.)
1157.01 ESTABLISHED.
No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition as outlined below:
(a) Fire Hazards. Any activity involving the use of flammable or explosive materials shall be protected by adequate fire fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material.
(b) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or cause electrical disturbance adversely affecting the operation at any point of any equipment or appliance other than that of the creator of such disturbance.
(c) Noise. Noise which is objectionable as determined by the Planning and Zoning Commission due to volume, frequency or beat shall be muffled or otherwise controlled, except during construction operations. Sirens and related apparatus used solely for public purposes are exempt from this requirement.
(d) Vibration. No vibration shall be permitted which is discernable without instruments on any adjoining lot or property.
(e) Smoke. Smoke shall be controlled as much as economically possible as determined by the Zoning Board in accordance with Environmental Protection Agency Standards.
(f) Odors. No malodorous gas or matter shall be permitted which is discernable on any adjoining lot or property.
(g) Air Pollution. No pollution of air by flyash, dust vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property or which can cause soiling.
(h) Glare. No direct or reflected glare shall be permitted which is visible from any property or from any public street, road or highway.
(I) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(j) Water Pollution. Pollution of water shall be subject to the requirements, regulations and standards established by the Ohio Environmental Protection Agency.
(k) Enforcement Provisions.
(1) All uses existing on the effective date of this Zoning Ordinance shall conform to these performance requirements within one (1) year, provided that an extension of up to six (6) months may be granted by the Board if the owner or operator of the use can demonstrate that compliance would create unreasonable hardship.
(2) The Zoning Inspector shall refer any proposed use which is likely to violate performance requirements to the Board for review.
(Ord. 97-3. Passed 5-19-97.)
1161.01 OFF-STREET PARKING.
Off-street parking shall be provided on any lot on which any of the uses listed below are hereafter established: such space shall be provided with vehicular access to a street or alley. For purposes of determining off-street parking space required, the ration of 180 square feet per parking space shall be used. (Ord. 97-3. Passed 5-19-97.)
1161.02 NUMBER OF PARKING SPACES REQUIRED.
The number of off-street parking spaces required shall be at least as set forth in the following:
USE | PARKING SPACES REQUIRED |
Automobile or Machinery Sales and Service Garages floor area. | 1 space for each 600 sq. ft. |
Banks, Business, and Professional Offices | 1 space for each 400 sq. ft. floor area plus 1 space for each (5) employees. |
Bowling Alleys | 5 spaces for each alley. |
Churches and Schools | 1 space for each 6 seats in an auditorium or 1 space for each classroom; whichever is greater. |
Drive-In Restaurants | Parking allocation conditional upon approval of the Board as based on particular design of facility. |
Dwellings | 4 spaces for each single family dwelling, 4 spaces for each two family dwelling, and 2 spaces for each unit in multi-family dwelling. |
Funeral Homes, Mortuaries | 4 spaces for each parlor, or 1 space for each 50 sq. ft. of floor area, whichever is greater. |
Furniture and Appliance Stores, Household equipment or furniture repair shop over 1,000 sq. ft. floor area | 1 space for each 400 sq. ft. of floor space. |
Hotels, Lodging Houses | 1 space for each bedroom, plus 1 per employee on largest shift. |
Libraries, Museums, or Art Galleries | 1 space for each 250 sq. ft. of floor area. |
Mfg. Plants, Research or Testing Bottling Plants, over 1,000 sq. ft. in area. | 1 space for each 3 employees in the maximum working Shift, or 1,200 sq. ft. of floor area, whichever is greater. |
Medical or Dental Clinics | 1 space for each 250 sq. ft. of floor area plus 1 space for each (5) employees. |
Hotel, Boarding or Lodging house, Motor Hotels | 1 space for each living or sleeping unit. |
Restaurants, Bars, and Night Clubs, over 1,000 sq. ft. (except drive-ins) | 1 space for each 200 sq. ft. of floor area. |
Retail Stores, Shops, etc., of over 2,000 sq. ft. floor area. | 1 space for each 300 sq. ft. of floor area. |
Sanitariums, Convalescent Homes, Children's Homes, Hospitals | 1 space for each 2 beds. |
Sports Arenas, Auditoriums, Theaters, Assembly Halls, other than Schools. | 1 space for every 3 seats. |
Wholesale Establishments or Warehouses | 1 space for each 3 employees on maximum shift or 3,000 sq. ft. of floor area, whichever is greater. |
(Ord. 97-3. Passed 5-19-97.)
1161.03 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.
Every parcel of land hereafter used as a public or private parking area, including a business parking lot and also an automobile or trailer sales lot, shall be developed and maintained in accordance with the following requirements:
(a) Screening and Landscaping. Off-street parking areas for more than 5 vehicles shall be effectively screened on each side which adjoins premises situated in any R-District by a masonry wall or solid fence of acceptable design. Such wall or fence shall be between 4 and 6 feet in height and shall be maintained in good condition. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 15 feet in width planted with an evergreen hedge, or dense planting of evergreen shrubs not less than 4 feet in height.
(b) Surfacing. Any off-street parking area for more than 5 vehicles shall be graded for proper drainage and surfaces so as to provide a durable and dustless surface.
(c) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
(d) On the same lot where every building or part thereof has a gross floor area of 5,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained at least (1) off-street loading space, plus (1) additional such loading space for each 10,000 square feet or major fraction thereof, of gross floor area so used in excess of 10,000 square feet.
(e) Setback. No part of any parking area for more than five (5) vehicles shall be closer than five (5) feet to any established street right-of-way and shall occupy no more than fifty percent (50%) of the set back area. (Ord. 97-3. Passed 5- 19-97.)
1165.01 PLATTED LOT.
When a lot which is an official platted lot of the Village of Cardington, as recorded at the time of adoption of this Zoning Ordinance does not comply with the area, yard, or other requirements of this Ordinance, such lot may be used as a building site provided, however, that the yard and other requirements of the district are complied with as closely as possible considering the conditions present on the lot as approved by the Village of Cardington, Planning and Zoning Board.
(Ord. 97-3. Passed 5-19-97.)
1165.02 YARD REQUIREMENTS.
(a) Allowable Projections of Residential Structure Into Yards. Any structure may project into the required yard if existing structures on both adjacent lots in the same district have less than the required minimum front yard provided, however, that such projection shall extend no closer to the street than the most conforming of the adjacent structures. - Architectural features of residential buildings such as window wells, cornices, and roof overhangs may project into the required yard provided such projection is not more than 4 feet and does not reach closer than 4 feet to lot line.
(b) Allowable Projection of Accessory Building Into Rear Yard. One-story accessory buildings may project only into rear yards abutting on an alley providing such projection extends not closer than 5 feet to the rear line. (Ord. 97-3. Passed 5-19-97.)
1165.03 HEIGHT LIMITS.
The height limitations of this Zoning Ordinance shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments, water towers, chimneys, smoke stacks, derricks, conveyors, flagpoles, radio towers, waste, and aerials. Buildings may be constructed to exceed the height limitation if a full sprinkler system is installed.
(Ord. 97-3. Passed 5-19-97.)
1165.04 HOUSE TRAILER PARKS.
House trailer parks shall not be subject to the lot and yard requirements of this Zoning Ordinance since these matters shall be regulated by the Health Department Regulations.
(Ord. 97-3. Passed 5-19-97.)
1165.05 OFF STREET PARKING IN B-1 BUSINESS DISTRICT.
Plans for parking must be submitted and be approved by the Board before a zoning permit will be issued.
(Ord. 97-3. Passed 5-19-97.)
1169.01 PURPOSE AND INTENT.
Sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve, among others, the following purposes:
(a) To maintain high quality residential districts and promote attractive public facilities by permitting only nameplates, bulletin boards and identification signs related to any permitted home business and to the development of such districts;
(b) To provide reasonable, yet appropriate, conditions for identifying establishments in office, business and industrial districts by relating the size, type and design of signs to the type and size of the office, business and industrial establishments;
(c) To eliminate any conflict between advertising signs and traffic control signs which would be hazardous to the safety of pedestrians or the motoring public;
(d) To control the design and size of all signs so that their appearance will be aesthetically harmonious with an overall urban design for the area; and
(e) To promote the most desirable developments and economic activity consistent with the objectives of the planning and development program of the Municipality.
(Ord. 2008-17. Passed 11-17-08.)
1169.02 REGULATIONS ESTABLISHED.
Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.
The construction, erection, safety and maintenance of all signs shall be in accordance with the applicable Municipal codes. The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic signs within the Municipality.
The display of official public notices, and the flag, emblem or insignia of all official governmental bodies shall not be governed by the provisions of these regulations.
(Ord. 2008-17. Passed 11-17-08.)
1169.03 CLASSIFICATION OF SIGNS.
"Sign" means any display, figure, painting, drawing, placard, poster or other device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a building, person, institution, organization, activity, place, object or product. It may be a structure or part thereof painted on or attached directly or indirectly on a structure.
(a) Classification by Use Types.
(1) "Permanent sign" means a sign designed for use for an indefinite period of time and shall include the following:
A. "Bulletin board" means an announcement sign which directs attention to and is located on the lot of a public or semi-public institution.
B. "Directional sign" means a sign indicating only the direction of pedestrian and vehicular circulation routes on the lot on which the sign is located.
C. "Identification sign" means a sign indicating the name and address of a building, development, public or semi-public facility, business, office or industrial establishment. For business uses, such sign may also include the principal type of goods sold or services rendered; however, the listing of numerous goods or services, prices, sale items and telephone numbers shall not be permitted.
D. "Informational sign" means a monochromatic sign which presents miscellaneous information to the public rather than to promote a business, office, industrial, product or issue. Typical information signs present scheduled events, travel information, vehicle service, weather, time, historic and scenic data.
E. "Organizational sign" means a sign devoted exclusively to the identification of National, State and local service clubs, and the location and meeting dates of such clubs. The number, location and design of organizational signs shall be approved by the Zoning Inspector.
F. "Nameplate" means a sign indicating the name, address or profession of the person or persons occupying a building or unit of a building.
G. “Billboard” means a sign which directs attention to a business, commodity, service, or entertainment, conducted, sold or offered at a location other than the lot or premises on which this sign is located.
(2) “Temporary sign” mean a sign designed for use for a limited period of time to announce special events or sales and the sale, lease or rental of property and shall include the following:
A. “Project sign” means a sign which directs attention to the promotion, development and construction of the property on which it is located and which identifies the owner, architects, engineers, contractors and other individuals or firms actively involved with the construction. Project signs are permitted during construction, or 12 months, whichever is less.
B. “Real estate sign” means a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed.
(b) Classification by Structural Types.
(1) Building signs shall include the following:
A. “Canopy sign” means a sign attached to the soffit or fascia of a canopy, covered entrance or walkway, or to a permanent awning or marquee and not projecting beyond the edges of same.
B. “Projecting sign” means a sign attached to an outside building wall and which projects at a ninety degree (900) angle therefrom.
C. “Wall or panel sign” means a sign integral with the face of an exterior building wall or mansard roof, or attached to and parallel with the wall or roof.
D. “Window sign” mean a sign in front of, painted, attached or affixed to the surface of windows or doors of a building.
(2) Freestanding signs shall include the following:
A. “Ground or monument sign” means a sign not exceeding five feet in height which has a supporting base not exceeding twenty-four inches above grade designed as an integral part of the sign resting totally or primarily on the ground.
B. “Pole sign” means a sign which is supported by or suspended from a freestanding column or columns and designed so as to permit pedestrian or vehicular movement thereunder.
C. “Pylon sign” means a sign exceeding five feet and not exceeding eight feet in height whose sign face area extends from the top of the sign to the base which shall not exceed twelve inches above grade.
D. A “sandwich sign” means an A frame sign not to exceed five feet in height which is situated on the sidewalk in front of the business during open business hours.
(Ord. 2008-17. Passed 11-17-08.)
1169.04 DESIGN STANDARDS.
Signs, as permitted in the various zoning districts, shall be professionally designed, constructed and installed so as to be compatible in character with regard to the architecture of the building on which they are located, and with the material, color and size of signs designed or located on the same building and on adjoining buildings in order to produce an overall unified effect in accordance with the standards set forth in this section.
(a) Wall or Panel Signs. A wall or panel sign shall not project more than twelve inches from the building wall to which it is attached and shall not project above the building wall or coping of a mansard roof.
(b) Projecting Signs. Projecting signs shall not extend more than three feet from the face of a building and the lowest portion of such sign shall not be less than eight feet above the finished grade of a sidewalk or other pedestrian way.
(c) Sign Height. Maximum height of freestanding signs shall be in accordance with the height limitations as specified in the applicable zoning district regulations.
(d) Vertical Dimension. The lowest member of all signs which are supported or suspended from a building shall not be less than eight feet above the finished grade of a sidewalk or other pedestrian way. If located over a pavement used for vehicular traffic or within eighteen inches of the vertical projection of the edges of such pavement, the lowest member of the sign shall not be less than fifteen feet above the finished pavement.
(e) Relation to Openings. Signs shall not project over or obstruct the required windows or doors of any building.
(f) Relation to Traffic Devices. Signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections, or street sight lines or signals at railroad grade crossings. Signs visible from the sight lines along a street shall not contain an arrow or words such as “stop”, “go”, “slow”, etc.; and the movement, content, coloring or manner of illumination shall not resemble traffic control signs.
(g) Movement Restrictions. No sign shall incorporate movement or the illusion of movement. Pennants, streamers, banners, and other non-rigid devices are prohibited. No sign shall employ any parts or elements which revolve, rotate, whirl, spin, flash or otherwise make use of motion to attract attention, excepting any sign performing a public service, or an informational sign which shall not rotate more than once every 20 seconds. Banners, posters, pennants, ribbons, streamers, spinners, strings of lights, air balloons, electronic billboards or other similar devices for the purpose of advertising or attracting attention are prohibited. Business flags and informational signs are an exception.
(h) Signs on Corner Lots. No sign shall be allowed within a triangle formed between points on the front and side street right-of-way lines within thirty-five feet from their intersection.
(i) Continuity. Signs and their placement shall be considered in relation to their surroundings and, if seen in series on a building wall or walls, shall have a continuity of design with respect to shape, materials and color.
(j) Style and Color. The style or design of signs shall be consistent throughout a particular building or group of buildings; the colors of signs shall be compatible with the color of the building facade(s) and other existing and proposed signs and shall be limited to four colors in addition to white and black which shall be submitted by the owner and approved by the Zoning Inspector.
(k) Graphics. The lettering on a sign shall be clearly legible and in scale with the sign surface upon which it is placed. Changeable copy signs are permitted only for informational signs, as permitted in Section 1169.08
(a)(1).
(l) Materials. Signs shall be constructed of materials which are of appropriate quality and durability, and which are compatible with the materials of the building upon which such signs are placed.
(m) Structural Design. The construction, erection and maintenance of all signs shall be in compliance with the State Building Code and all other applicable Municipal standards and regulations. (Ord. 2008-17. Passed 11-17-08.)
1169.05 ILLUMINATION OF SIGNS.
Internally illuminated signs shall be constructed so as to allow the illumination of only letters, numbers or other identifying symbols on the display surface. No light shall pass through the background. External illumination shall be installed so that the light source is not visible from adjoining premises and does not illuminate such premises. No external light source shall be located or arranged so as to cause confusion or a hazard to traffic or conflict with traffic control signals. Flashing signs shall not be permitted. (Ord. 2008-17. Passed 11-17-08.)
1169.06 RESERVED.
(EDITOR’S NOTE: This section is reserved for future legislation.)
1169.07 RESIDENTIAL (R-1, R-2, R-3, R-4) DISTRICT SIGNS.
Accessory signs in residential districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations as provided in this section.
(a) One wall or panel nameplate indicating an occupant’s name, address and profession may be located on any dwelling in the R-1 or R-2 zoning districts.
(b) One temporary real estate ground sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed shall be permitted for each dwelling or lot provided such sign shall be located not less than twenty- five feet from any side lot line or ten feet from any street right-of-way line. Illumination shall not be permitted.
(c) One temporary project ground sign for the duration of construction, or 12 months, whichever is less. A temporary project ground sign shall be located not less than twenty-five feet from any side lot line or ten feet from any street right-of-way line.
(d) One temporary on premise yard sale sign for the duration of a yard sale or 48 consecutive hours, whichever is less.
(e) One permanent subdivision identification ground sign not exceeding thirty square feet in single face sign areas and five feet in height indicating the name of the subdivision or residential development may be permitted for each entrance to the subdivision or residential development. Such sign shall be set back not less than five feet from the street right-of-way line and shall comply with the provisions for signs on corner lots as set forth in Section 1169.04(h). Illumination, if any, of such sign shall meet the requirements of Section 1169.05.
(f) A maximum of one permanent ground or wall sign used for home businesses may be permitted where a home business is a permitted use. A home business that is a conditional use in a residential district may have one permanent ground or wall sign with the approval of the Planning and Zoning Board. In all cases, permanent signs erected with the R-1 district must be constructed of a natural, or natural-like material, not exceed five feet in height, be located outside of the street right of way, and shall consist of a business’s identification or nameplate. Internal illumination is prohibited. External illumination is permitted only during the normal hours of business operation.
(g) Institutional Informational and Identification Signs. All schools, churches and other institutional or public uses, permitted and located within a residential district shall be allowed one (1) information sign and one (1) identification sign, as follows:
(1) Illumination shall conform to Section 1169.05.
(2) Signs shall be set back behind the right of way.
(3) The provisions with respect to Section 1169.04(g) shall be modified to allow movement, as defined therein, so long as the cycle time is limited to twenty (20) seconds and the illumination is turned off after 10 p.m.
(Ord. 2008-17. Passed 11-17-08.)
1169.08 PUBLIC FACILITIES (S-1) DISTRICT SIGNS.
Signs accessory to a public facility located within an S-1 zoning district which announce and/or support events, programs, activities, issues or candidates shall be designed, erected, altered, moved and maintained, in whole or in part in accordance with the following regulations:
(a) One wall or panel nameplate may be placed on each building.
(b) Directional ground signs not exceeding three square feet in single face sign area and three feet in height may be permitted on any building lot but not less than ten feet from any lot line and street right-of-way line . The only words permitted on directional signs shall be “enter” or “exit”.
(c) One identification ground sign not exceeding five feet in height indicating the name and address of the public facility may be permitted on any building lot.
(Ord. 2008-17. Passed 11-17-08.)
1169.09 BUSINESS AND OFFICE BUILDING DISTRICT SIGNS (B-1).
Signs in the B-1 District shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:
(a) Use Types Permitted.
(1) Identification.
(2) Nameplate.
(3) Temporary.
(4) Project (temporary).
(5) Real estate (temporary).
(6) Directional.
(b) Structural Types Permitted.
(1) Canopy.
(2) Ground or Monument.
(3) Projecting.
(4) Wall or panel.
(5) Window.
(Ord. 2008-17. Passed 11-17-08.)
1169.10 RESERVED.
(EDITOR’S NOTE: This section is reserved for future legislation.)
1169.11 RESERVED.
(EDITOR’S NOTE: This section is reserved for future legislation.)
1169.12 RESERVED.
(EDITOR’S NOTE: This section is reserved for future legislation.)
1169.13 INDUSTRIAL DISTRICT SIGNS.
Signs in Industrial or Manufacturing zoning districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:
(a) Use Types Permitted.
(1) Directional.
(2) Identification.
(3) Nameplate.
(4) Project (temporary).
(5) Real estate (temporary).
(b) Structural Types Permitted.
(1) Ground.
(2) Wall or panel.
(3) Monument.
(4) Canopy.
(Ord. 2008-17. Passed 11-17-08.)
1169.14 INDUSTRIAL SIGNS - NUMBER PERMITTED.
(a) Ground Signs. One permanent identification ground sign indicating the building or occupant name and address only shall be permitted on the lot of each industrial use. A ground sign shall not exceed five feet in height and shall be located not less than twenty-five feet from a side property line and not less than 100 feet from any Residential District line. A ground sign shall be set back a minimum of five feet from a street right-of-way line.
No sign shall be allowed within a triangle formed between points on the street right-of-way line and nearest edge of an intersecting drive within thirty-five feet from their intersection.
(b) Wall Signs. One identification wall sign shall be permitted for each separate use occupying a building.
(c) Directional Signs. Directional signs indicating traffic routes may be permitted in addition to the other limitations of this section provided that no such sign exceeds three square feet in single face sign area or is closer than fifteen feet to any side lot line or ten feet to any street right-of-way line, and provided that no directional sign exceeds three feet in height. The only words permitted on directional signs shall be “enter” or “exit”.
(d) Temporary Project Sign. One temporary project sign shall be permitted if it is located on the lot of a proposed building or a building under construction. Such project sign shall be located not less than 100 feet from the nearest residential lot line and not less than twenty-five feet from the nearest nonresidential lot and street right-of-way line. Permits for such signs shall be for a period not exceeding one year. However, such permits may be renewed while construction is pursued diligently. Project signs shall be removed within fourteen days following the issuance of the first occupancy permit.
(e) Temporary Real Estate Sign. One temporary real estate ground sign may be permitted advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed, provided such sign does not exceed five feet in height. Such sign shall be located not less than twenty-five feet from any side lot line or fifteen feet from any street right-of- way line. Illumination shall not be permitted.
(f) Industrial Park Identification Signs. In addition to the signs permitted in this section, one industrial park identification ground or pylon sign may be permitted for a unified development or three or more industrial buildings serviced by a common local access road. Such sign shall only identify the name and address of the industrial park. A ground sign shall not exceed five feet in height and a pylon sign fifteen feet. Such sign shall be located at the vehicular entrance to the industrial park and shall be set back a minimum of thirty-five feet from the nearest street right-of-way line and nearest edge of pavement of a private drive.
(Ord. 2008-17. Passed 11-17-08.)
1169.15 SIGN APPLICATION AND PERMIT.
(a) A sign permit shall be required for all permanent signs in any zoning district.
(b) Application for permits to erect, place, illuminate or alter a sign shall be made by the owner or authorized agent of the owner of the property for which a sign is proposed to the Zoning Inspector. The application shall be submitted on forms furnished by the Village and shall be made either separately or with the application for a zoning permit or occupancy permit. The fee for a sign permit shall be established by separate ordinance.
Each application for a sign permit shall be accompanied by drawings to scale, showing:
(1) The width of the building face or faces which abut the frontage street; and, for a building located on a corner lot, the building depth facing the secondary street;
(2) The sign design and layout proposed, including the total area of the sign and the size, height, character, materials and color of letters, lines and symbols;
(3) For illuminated signs, the number and types of lamps and lens material and a statement in writing that the illumination of each sign will comply with the provisions of Section 1169.05;
(4) The exact location of the sign in relation to the building and property lines;
(5) Colored photographs of existing buildings or colored rendering of proposed buildings; and
(6) Details and specifications for construction, erection and attachment as may be required by the State Building Code and the name of the sign contractor or company.
(c) The Zoning Inspector shall review sign permit applications for completeness. If the proposed sign conforms with existing sign regulations, the Zoning Inspector may approve the sign permit application.
(d) If the Zoning Inspector determines that the proposed sign does not conform with sign regulations the Zoning Inspector shall forward the application to the Planning and Zoning Commission (‘Commission’) for consideration. The Commission shall have the power to approve sign applications that are determined to not conform with existing sign regulations. In its review, in addition to other facts and circumstances related to the foregoing standards, criteria, purpose and intent, the Commission shall consider:
(1) The design, size, scale, shape, color, illumination, location and orientation of the sign in relation to the site and topography, other structures on the site, adjacent and neighboring land uses, sites and buildings;
(2) The visual impact and influence of the proposed sign in relation to and in conjunction with signs currently existing or those reasonably expected to be erected in the vicinity of the proposed sign location; and
(3) The maximum requirements and other regulations of this Zoning Code governing the use, location, size and character of signs.
(e) The Commission shall approve or disapprove the proposed sign based upon the finding of the Zoning Inspector and its own review. Following approval, a sign permit shall be issued by the Zoning Inspector upon his determination that the proposed sign is designed to meet all other applicable laws and regulations.
(Ord. 2008-17. Passed 11-17-08.)
1169.16 CONTROL OF ADVERTISING DEVICES: STATE PERMIT REQUIRED.
Not withstanding the other sections of this chapter, owners and applicants for all permitted advertising devices or signs located within 660 feet of the edge of the right of way of an interstate or primary State highway shall make application for a permit to the Director of the Department of Transportation of the State of Ohio, c/o Advertising Device Control Section and comply with all provisions of Ohio R.C. Chapter 5516 prior to applying for a permit from the Village. Interstate and primary highways are defined in Ohio R.C. 5516.01.
(Ord. 2008-17. Passed 11-17-08.)
1169.17 MAINTENANCE OF SIGNS.
(a) All signs, sign structures, and the premises surrounding the same shall be maintained by the owner thereof in a safe, clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds.
(b) If the Zoning Inspector shall find that any signs regulated by this chapter or the premises surrounding the same are unsafe, insecure, not in a condition of fitness for the designed use or in the designed manner, abandoned, or in a dilapidated condition, or have been constructed or erected or are being maintained in violation of the provisions of this chapter, the Zoning Inspector shall give written notice to the permittee or property owner of such condition and order that such condition be remedied within fourteen days or such longer time period as the Zoning Inspector may determine. If the permittee or property owner fails to remove, or alter the sign and premises so as to comply with the Zoning Inspector’s order within the time period prescribed, such sign may be removed by the Village at the expense of the permittee or property owner served with notice. The Zoning Inspector may cause any sign which is determined to be an immediate peril to persons or property to be removed summarily and without notice.
(Ord. 2008-17. Passed 11-17-08.)
1169.18 NONCONFORMING SIGNS.
A sign conforming to the regulations prevailing immediately prior to the effective date of this regulation but which does not conform with the regulations of this or a subsequent amendment shall be construed as a legal nonconforming sign.
Legal nonconforming signs may be maintained and structural parts repaired and restored to a safe condition if required and if a permit is issued subject to the following limitations:
(a) No legal nonconforming sign or part thereof shall be altered, modified, changed or changed in use in any manner whatsoever in any process of reconstruction, repair, maintenance or restoration of all or a part thereof unless the entire sign shall be brought into compliance with all of the provisions of the Planning and Zoning Code;
(b) Any sign which has been destroyed shall not be rebuilt, re-erected or relocated unless it shall be made to comply with the provisions of the Planning and Zoning Code.
(Ord. 2008-17. Passed 11-17-08.)
1169.19 RESERVED.
(EDITOR’S NOTE: This section is reserved for future legislation.)
1169.20 SIGN SPECIFICATION PLATE.
All permanent signs hereafter erected shall contain a two-inch by four-inch specification plate indicating the date of installation, the sign permit number, the primary voltage and the voltage and amperage of any electrical components in connection therewith.
(Ord. 2008-17. Passed 11-17-08.)
1169.21 PROHIBITED SIGNS.
The signs and/or advertising devices enumerated in this section are expressly prohibited in all zoning districts of the Municipality:
(a) Vehicle Advertising. No person shall park any vehicle or trailer on public or private property visible from a public street for a period exceeding twenty-four hours, which has attached thereto or located thereon any sign or advertising device for the basic purpose of advertisement of products or services and/or directing attention to a business or activity located on the same or nearby property or any other premises.
(b) Public Areas. Except as otherwise specifically authorized by this chapter, no sign shall be placed on any curb, sidewalk, post, pole, hydrant, bridge, wall, tree or other surface located on public property or over, upon or across any public street or right of way except as expressly authorized by a license agreement with the Village authorizing the use of public lands approved by Council and after approval of the sign by the Commission.
(c) Obscene Signs. Signs which are obscene, lewd, indecent or lascivious are prohibited in all zoning areas.
(d) Pole Signs. Pole signs shall be prohibited in all zoning areas.
(e) Billboards.
(f) Signs containing information or advertising for any product or services not sold or produced on the premises or for any use that does not occur on the premises.
(g) Signs or advertising devices which attempt, or appear to attempt, to direct the movement of traffic, or which interfere with, imitate or resemble an official traffic sign, signal or device.
(h) Architectural lighting that incorporates movement or the illusion of movement, which shall be considered an attraction-generating device.
(i) Signs mounted on the roof of any building or structure.
(Ord. 2008-17. Passed 11-17-08.)
1169.22 EXEMPTIONS TO REGULATIONS.
The following signage shall be exempt from these sign regulations:
(a) Signage which is an integral part of the original construction of fuel pumps or similar devices;
(b) Cornerstones and permanent building plaques, displaying the date of construction, building name or similar information;
(c) Street name signs;
(d) Holiday decorations displayed for customary periods of time; and
(e) Painted wall murals or other similar artwork if approved by the Planning and Zoning Board.
(f) Signs which advertise a political candidate or election ballot issue, provided such signs are not displayed more than 90 days before an election and are removed within 7 days after an election.
(Ord. 2008-17. Passed 11-17-08.)
1169.23 NUISANCE.
Any sign or other object placed, displayed, erected, constructed, reconstructed, altered or permitted to remain on any premises in violation of this chapter and any “sign” heretofore erected, constructed or displayed without legal authorization is hereby declared to constitute a nuisance, and in addition to any penalty provided in the Codified Ordinances for such violation, the nuisance may be abated in the manner provided now or in the future by the statutes of Ohio, in the manner provided in Section 1169.24. The procedural requirements of these alternative abatement remedies shall not be cumulative, and only the procedures of the abatement remedy implemented shall be required.
(Ord. 2008-17. Passed 11-17-08.)
1169.24 REMOVAL OF SIGNS.
(a) The Zoning Inspector is authorized to order the removal or maintenance of any sign which constitutes a nuisance. Any such order shall be served upon the owner or person in possession of the sign by personal or certified mail service, provided that, where service has been refused, no further service shall be required, and the time for compliance shall commence from the date such refusal is entered in the records of the Village.
(b) Whenever the removal or maintenance of any permanent sign has been ordered by the Zoning Inspector, the owner or person in possession of such sign shall comply with such order within fourteen days after notice is served upon him. Whenever the removal or maintenance of a temporary or portable sign has been ordered by the Zoning Inspector, the owner or person in possession of such sign shall comply with the order within forty-eight hours after notice. In the event of noncompliance, the Zoning Inspector may remove or cause to be removed or maintain such sign at the expense of the owner of such sign or the owner of the property on whose premises it was erected, affixed or attached, and such person shall be individually and separately liable for the expense incurred in the removal or maintenance of such sign. Removal of a sign shall include the sign face, enclosing frame, all sign supporting members and base, unless otherwise ordered.
(Ord. 2008-17. Passed 11-17-08.)
1170.01 DEFINITIONS.
(a) "Portable swimming pool" means a container which is designed or used for wading purposes; which will not permit filling with water to a depth greater than two and one-half feet; and which may be dismantled, stored or moved from one place to another without the use of tools other than those normally found in a household workshop.
(b) "Nonportable swimming pool" means any artificial body of water, whether inground or above-ground which conforms to the following criteria.
(1) It is supplied with water from a controlled water source.
(2) It is not enclosed within a building.
(3) The depth of water exceeds two feet, six inches at any point.
(Ord. 2008-26. Passed 12-1-08.)
1170.02 PORTABLE POOLS.
Portable swimming pools shall be considered as a conforming use in any "R" District.
(Ord. 2008-26. Passed 12-1-08.)
1170.03 NONPORTABLE POOLS.
Nonportable swimming pools may be allowed as an accessory use only in "R" Districts, provided that they comply with the following conditions and requirements:
(a) The pool is intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(b) The pool may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than six feet to any property line of the property on which it is located.
(c) The swimming pool or the property as hereinafter defined on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children or other persons from the street or other adjacent properties except that the pool, wall or fence may not penetrate the front yard setback as defined by Village ordinance. The wall or fence may be separate from or part of the pool itself. The fence or wall shall be not less than six feet in height as measured from ground level at any point around the perimeter of the pool. Fences and walls may exceed six feet where topography forces such excess in order to achieve an agreeably aesthetic appearance.
(d) Fences or walls, whether part of or separate from the pool structure, shall include a gate and lock which shall be of such construction that when the pool is not in use it shall be maintained so as to prevent, as far as practicable, uncontrolled access to or unauthorized use by children or other persons. As an alternative means of protection in lieu of a wall or fence, a locking cover shall be acceptable provided that the cover is capable of supporting a 300 pound super imposed load acting on an area of one square foot at any point on the outer surface of the cover. Such cover shall include a lock which shall be of such construction that when the pool is not in use it shall be maintained so as to prevent as far as practicable, uncontrolled access to or unauthorized use by children or other persons.
(Ord. 2008-26. Passed 12-1-08.)
(e) (EDITOR’S NOTE: During a regular Council meeting on the 5th of March, 2012, the Village Council voted to repeal Ordinance 2009-34 relating to the regulation of pool fences which was codified as subsection (e) hereof.)
1170.04 PLANS FOR NONPORTABLE POOLS.
Any property owner, before locating a nonportable swimming pool on their property shall file with the Village plans showing the pool on their property and in compliance with this chapter.
(Ord. 2008-26. Passed 12-1-08.)
1170.99 PENALTY.
When an owner fails to file plans as required by this chapter or violates any provision of this chapter, such owner and/or any other person who assists in such violation is guilty of a misdemeanor of the first degree. Each seven days that an unsafe or unlawful condition is permitted to remain after notice to the property owner by the Building Inspector, shall be a separate offense.
(Ord. 2008-26. Passed 12-1-08.)