Minutes of the Meeting of the Rootstown Township Zoning Commission
April 16, 2007The Rootstown Township Zoning Commission met in regular session on April 16, 2007, at 7:00 p.m. at the Rootstown Town Hall.
Present:
Bob Baumgardner
Dorothy Filing
Paul Galido
David Ries, alternate
Richard Petro, alternate
Robert Swauger
Helen VariAbsent:
Also present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretaryChair, Dorothy Filing, called the meeting to order. Everyone stood to recite the Pledge of Allegiance.
Bob Baumgardner made a motion to accept the March 19, 2007 Zoning Commission meeting minutes as presented. Helen Vari seconded the motion and all ayes were heard.
The Zoning Inspector reported nothing formal in the near future at this time. He had submitted several copies of other municipalities and townships’ regulations on games of skill as they stand now so the zoning commission can use them as a guide to adopt any further regulations and restrictions for these establishments that wish to locate in Rootstown Township. There have been requests already and the current guidelines are not cut and dry; therefore it is important to tweak them to be clearer. The zoning inspectors are classifying these businesses as indoor recreation which can be located in C-2 districts only. A current request will be heard by the Zoning Board of Appeals and the way this request is treated may be the beginning of others to follow.
New septic regulations effective this January haven’t yet noticeably affected building permits in this area, according to Jim Mahood, Zoning Inspector. There have been a few in the Herron Creek development, which does not have central sewer; however those lot sizes are larger so there shouldn’t be any problems.
Discussion regarding places of worship was next on the agenda. Both Portage County Regional Planning Commission and our legal counsel had been asked for an informal opinion as to whether the township regulations comply with RLUPA laws so as to eliminate discrimination and still be fair to all who meet the requirements and regulations for places of worship. At the current time places of worship are conditionally permitted in O-C, R-1, R-2, R-3, RV, PCOD, VC, AND C-1. Conversely, places of worship are not allowed in PRDs, C-2, C-3, LI, and GI Districts. The schedules for lot requirements, conditional uses, and which districts should and should not be considered were reviewed in detail. Much discussion followed regarding restricting the districts in which places of worship should be located.
The zoning commission considered whether the districts should be expanded or keep it the same, at the same time not being too restrictive. The churches already in existence in districts not included would be grandfathered. Perhaps the acreage limits shown need to be more specific if other dwellings exist on the property; or it could be affected if septic is involved and those county standards could not be met. Acreage is important if a primary residence is on the same property, or adding the word ‘undeveloped’ to clarify the acreage requirements may help. Parking requirements need to be considered as well as the effects of the neighboring residents also.
After much discussion and review, no formal action was taken because the zoning commission members felt the current regulations for places of worship are sufficient, not too restrictive, and fair.
Discussion of the regulations for games of skill was next. The Zoning Inspectors feel that it currently falls under indoor recreation. Perhaps age restrictions can be added, hours of operation limited, and/or stipulate the distance from schools and churches, etc. Parking requirements for places of public assembly needs to be considered, too. Lottery, bingo, and other games of chance and/or skill and their differences and similarities were reviewed. Handouts were provided from other communities which already have these establishments in operation. These served as guidelines for wording suggestions, definitions, and other stipulations which might need to be included. At the present time C-2 allows indoor recreation. This could be expanded to include other things or the definition could be adapted to include or exclude certain establishments. After much discussion and review of our definitions, a decision was made to include an additional sentence to our current definition of indoor recreation.
Rob Swauger made a motion to revise the definition of indoor recreation. The proposed wording change would be: INDOOR RECREATION: An indoor facility for any number of uses such as game courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment. Indoor recreation shall not include an establishment where the principal activity includes adult gaming devices of chance and/or skill for the sole intent for profit. Paul Galido seconded the motion and vote was as follows: Vari, YES; Galido, YES; Swauger, YES; Baumgardner, YES; and Filing, YES. PASSED 5/0
Next these gaming establishments need to be defined and clarified. It was decided to also revise the definitions to include adult gaming establishment with a reference to “see Chapter 390.06 A. 2. d)”.
Rob Swauger made a motion to add a new definition which would read as follows: ADULT GAMING ESTABLISHMENT: See Section 390.06A.2.d) Bob Baumgardner seconded the motion and the vote was as follows: Vari, YES; Galido, YES; Swauger, YES; Baumgardner, YES; and Filing, YES. PASSED 5/0 To further clarify and exclude facilities and uses regarding gaming establishments, more discussion followed. It was felt that the recreation facilities definition could use additional text to accomplish this change.
Bob Baumgardner made a motion to adapt the last sentence of the current definition of recreational facilities (indicated in bold) to the following: RECREATION FACILITIES: Public or private facilities that may be classified as ether "extensive" or intensive" depending upon the scope of service offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land include, but need not be limited to hunting, fishing, riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include but need not be limited to miniature golf courses, amusement parks, stadiums and bowing alleys. This does not include sexually oriented business uses and/or gaming establishments as defined in this Resolution. Paul Galido seconded the motion and the vote was as follows: Vari, YES; Galido, YES; Swauger, YES; Baumgardner, YES; and Filing, YES. PASSED 5/0
Specific adult uses for these establishments were then brainstormed. The handouts from the other communities served as text examples to choose from for this section because it is where the definition section refers to further stipulations and clarification. Section 390.06 regarding Adult Entertainment Uses will need to include another definition in #2 (…uses shall include but not be limited to …)
Bob Baumgardner made a motion to add adult gaming establishments as to match the previous definition. The sentence will be: d) ADULT GAMING ESTABLISHMENTS: means any place of business where skill-based amusement devices such as a mechanical, electronic, video, or digital device or machine, whether or not the skill-based amusement machine requires payment for use through a coin or bill validator or other payment of consideration or value to participate in the machine’s offering or to activate the machine. Helen Vari seconded the motion and vote was as follows: Vari, YES; Galido, YES; Swauger, YES; Baumgardner, YES; and Filing, YES. PASSED 5/0
The next regular scheduled zoning commission is May 21, 2007.
Bob Baumgardner made a motion to adjourn. Rob Swauger seconded the motion and all ayes were heard.
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Dorothy Filing, Chair
Rootstown Township Zoning CommissionJudy Adamson, Secretary