March 21, 2006 – 7:00 p.m.
The Pike Township Zoning Commission met with the following
members present: Glen Johnstone, James
Davis and
Mrs. Zaleski read the legal ad as published in The Press News, March 9, 2006. She began the meeting by reading the Letter from the Stark County Regional Planning Commission that voiced their recommendations as “No Objection” to the proposed text changes. They also recommended adding the definition for “erogenous anatomical area” which appears several times within the text, to Section II, Definitions (page 9).
The following text changes were read and discussed: (changes in Italic)
SECTION TWO. Definitions. [p.9] insert:
Erogenous anatomical areas include, but are not limited to
nudity or a state of nudity wherein the appearance of the human bare buttocks,
anus, male genitals, female genitals, female breasts, or a state of dress which
fails to opaquely cover a human bare buttocks, anus, male genitals, female
genitals, or areola of the female breast.
SECTION TWO. Definitions. [p.14]
Delete SEXUALLY ORIENTED ADULT CABARET: in its entirety, and
insert:
SEXUALLY ORIENTED LAND USE: Excluding a public library, a public museum, or a state certified educational institution; any other 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], amend to read:
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) and (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 and 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. Not less than sixty
(60) days 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, or if during the permit year a violation was cited, then 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 and if during the permit year no
violation was cited, then 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.
VOTE: Glen Johnstone, in favor.
James Davis, in favor.
After much discussion, the Board felt that Section Twelve should give the Zoning Commission the authority to review and recommend fees, prior to any action by the Township Trustees. The Board tabled any action on the change, pending advice from legal counsel, Charles Hall regarding the correct text to use.
The Board agreed that once the text is established, they will schedule a Public Hearing, just prior to a regularly scheduled Trustees Meeting so the Trustees may review and act upon the changes.
OTHER BUSINESS:
Homer & Julia Collins attended the meeting to inquire from the Board the permissible distance from a residential property to strip mine and if they would consider a change to a greater distance. The Board discussed the matter but no action was taken.