JOINT MEETING
BOARD OF TRUSTEES
BOARD OF ZONING APPEALS
ZONING COMMISSION
November 9, 2005 – 7:00 p.m.
The above Boards met in an advertised public meeting with the Township Attorney, Charles Hall II to discuss changes in the Zoning Text. Members present were:
Trustees: Bob Anstine, Douglas Baum, Lee Strad
Board of Zoning Appeals: Bob Burkhart, Jerry Eibel, Louis Grooms, Audrey Malavite, Nancy Snyder, and alternates, Robert L. Miller and Barbara Harding
Zoning Commission: James Davis, Ramon Halter, Glen E. Johnstone, Joe Mezquita and Linda Zaleski.
Also present were Zoning Inspector, Sharon Perrine, Zoning Secretary, Carol Barto, Viola Grooms, Teri Davis, Attorney, Charles Hall II, and Tom O’Dell.
Lee Strad opened the meeting at 7:00 p.m. and requested that Attorney Hall proceed with his recommendations for the changes in the Zoning text. Mr. Hall explained that a complete revision was not necessary. The items to be discussed were updates and the reasons for the recommended changes as previously discussed with the Zoning Inspector, BZA members and/or Trustees.
A copy of the recommended changes are attached to and are a part of these minutes.
The items in red are the recommended changes, that have been discussed at previous meetings with the BZA and/or Zoning Commission.
After much discussion the Zoning Commission requested that a Work Session be scheduled for November 30, 2005 at 7:00 p.m. to discuss and/or tweak any changes and, at that time, would decide if they wanted to proceed.
At 8:55 p.m. Bob Anstine made a motion to go into executive session to discuss personnel with Attorney Hall. Seconded by Doug Baum. At 9:10 p.m. Bob Anstine made a motion to return to the regular meeting. Seconded by Doug Baum. Mr. Anstine then made a motion to adjourn the meeting. The meeting was adjourned at 9:10 p.m.
SECTION TWO. Definitions. [p.14]
Delete SEXUALLY ORIENTED ADULT CABARET: in its entirety, and
insert:
SEXUALLY ORIENTED LAND USE: Any land, business, activity or place including, but not limited to: (1) coin operated, slug operated or electronically or mechanically controlled still or motion pictures, projectors, or other image producing device which are maintained to show images to one or more persons per machine at any one time, and where the images are displayed or distinguished or characterized by the depicting or describing of sexual activities or erogenous anatomical areas; (2) sale or rental for any form or type of consideration of any books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, slides, CD, DVD, or other visual representations which depict or describe sexual activities or erogenous anatomical area, (3) sale, transfer or barter of instruments, devices, or paraphernalia which are designed for use in connection with sexual activities; excluding birth control devices including, but not limited to condoms, diaphragms, IU.D.’s and other such devices; (4) any nightclub, bar, restaurant, juice bar, similar establishment or gathering place which characterize sexual activities, or erogenous anatomical areas; (5) films, motion pictures, video cassettes, slides, CD, DVD, or other photographic reproduction which characterize the depiction or description of sexual activities or erogenous anatomical areas; (6) offers accommodations to the public for any form of consideration, provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or photographic reproductions which characterize the depiction or description of sexual activities or erogenous anatomical areas and has a sign visible from the public right-of-way which advises the availability of this adult type of photographic reproductions, offers a sleeping room for rent for a period of time which is less than eight (8) hours, allows a Tenant or occupant of a sleeping room to subcontractor-rent the room for a period of time that is less than eight (8) hours; (7) any place where a person who appears in a state of nudity or displays erogenous anatomical areas for the purpose of being observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any other form of consideration.
SECTION THREE. General Provisions. Title IV. Supplementary Regulations.
R. SWIMMING POOLS. [Page 23]
Public or
private in-ground or above-ground swimming, wading, or other pools that will remain on site for 180 days or more and
containing over one and one-half (1-1/2) feet of water depth shall be
considered as structures for the purpose of zoning certificates and shall
conform to all required yard setback lines.
The construction, plumbing, and electrical requirements, inspection, and
other safety facilities shall be regulated by the county or state codes. Any swimming pool that
will remain on site for 180 days or more shall be walled or fenced to
prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall not be less than
four (4) feet in height and maintained in good condition with a gate and lock.
SECTION FOUR, RESIDENTIAL DISTRICTS, Title I, ONE AND TWO FAMILY RESIDENTIAL DISTRICT (R-1) [Page 25] add:
(2) Private or publicly operated areas, playgrounds, parks, swimming facilities, golf courses, tennis clubs, country clubs, riding academies and fishing facilities and/or uses, subject to sections (1), (2), (3), (5), (10), (12), (13), (14), (15), (17), (32), (44), and (52).
SECTION FIVE, COMMERCIAL DISTRICT, TITLE II, COMMERCIAL BUSINESS DISTRICTS (B-2):
D. MINIMUM
6.
Rear Yard Depth . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Twenty-five
(25) feet.
Except when adjacent to a residential district then . . . . .
. . . . . . Fifty (50) feet.
SECTION SIX. Industrial Districts. Title II. General Industrial District (I-2)
C. CONDITIONALLY PERMITTED USES. [Page 43]
(6) Salvage Yard subject to subsections (1), (2), (3), (6), (7), (10), (14), (17), (26), (32), (43) and (44).
(8) Sanitary landfill sites subject tot subsections (1), (2), (3), (6), (7), (10), (14), (17), (21), (32), (44), and (49).
(11) Sexually oriented land use subject to
subsections (1), (2), (3), (4), (6), (9), (12), (14), (15), (16), (17), (39),
(42), (44), (52).
Delete K. SEXUALLY
ORIENTED ADULT CABARET DEFINITIONS, at page 45 in its entirety.
SECTION SEVEN. Conditional Use Zoning Certificates. Title IV. Regulations Pertaining to Conditionally Permissible Uses as Listed in Section 4, Title I (C); Section 4, Title II (C), Section 4, Title III (D); Section 5, title I (C); Section 5, Title II (C); Section 6, Title I (C); and Section 6, Title II (C).
(A) SUBSECTIONS:
(6) Such operation shall be at least two hundred (200) feet distance from any residential dwelling, one hundred fifty (150) feet distance from any adjacent residential property line in a Residential District and one hundred (100) feet distance from any adjacent business or industrial property line in a Business District or Industrial District, and any work conducted in connection with such permitted operation shall be conducted only during the hours as agreed to by the permit holder and the Board of Zoning Appeals as determined to be for the good of the community.
(7) Adequate truck routes shall be established for movement in and out of the permitted property that will minimize damage to public streets and prevent hazards and damage to other properties in the community.
(10) Adequate screening with shrubs, trees or hedges shall be provided parallel to property lines adjacent to or abutting any business or residential use.
(17) Any Conditional Use Zoning Certificate for any use
permitted under these regulations shall be issued for a period of one (1) year. Prior to the expiration of said certificate,
the permit holder
shall apply for a renewal of the Conditional Use Zoning Certificate. Prior to the expiration of said certificate the Zoning
Inspector shall inspect and determine whether any violation of the Conditional
Use Zoning Certificate exists. Following
the inspection by the Zoning Inspector, if determined that a violation does
exist, the Board
of Zoning Appeals shall conduct a public hearing to determine whether or not to
issue a continuation of the Conditional Use Zoning Certificate for an
additional one (1) year period.
If no violation exists, the Zoning Inspector may
issue a Conditional Use Zoning Certificate for an additional one (1) year
period.
(32) Provide a performance bond, with adequate surety amount as determined by the Pike Township Board of Trustees, for maintenance and restoration of any township maintained road leading to or from said operation or permitted use, and to be restored as finally determined by the Pike Township Board of Trustees.
(42) Any sexually oriented land use shall not be operated within One Thousand (1,000) feet of any house of religious worship, public or private school, boundary of a Residential District or property line of any parcel of real property used for residential purposes outside of a Residential District. Any sexually oriented land use shall only be permitted within an I-2 General Industrial District.
SECTION TWELVE. ADMINISTRATION, ENFORCEMENT AND FEES.
TITLE V. FEES. [pp. 81 – 83].
A. ZONING CERTIFICATE FEE SCHEDULE:
Fees for zoning
certificates, application to the Board of Zoning Appeals, Zoning Amendments,
Conditional Use Zoning Certificate, and any other zoning fee shall be as
established by a Resolution of the Pike Township Board of Trustees during their
annual re-organizational meeting or as may be amended and established by the
Pike Township Board of Trustees from time to time.