Minutes of the Meeting of the Rootstown Township Zoning Commission
May 21, 2007

The Rootstown Township Zoning Commission held a public hearing on May 21, 2007, at 7:00 p.m. at the Rootstown Town Hall.

Present:
Bob Baumgardner
Dorothy Filing
Paul Galido
Richard Petro , alternate
Robert Swauger
Helen Vari

Absent:
David Ries, alternate

Also present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretary

Chair, Dorothy Filing, called the meeting to order. Everyone stood to recite the Pledge of Allegiance.

Helen Vari made a motion to accept the April 16, 2007 Zoning Commission meeting minutes as presented. Paul Galido seconded the motion and all ayes were heard.

Chairperson Dorothy Filing, whose day job is with the Portage County Health Department, made an announcement regarding the recently effective sewage treatment system regulations. There was such a reaction to these regulations that the house has rescinded them and the senate is now looking at them. The county health department is now waiting to see exactly what will happen in this area. With only one permit issued per county since January because of the lengthy process of having a soil scientist, evaluations, system designer, and approved installers etc., which adds significantly to the cost, it’s up in the air as to whether it will proceed the way it was enacted.

Zoning Inspector, Jim Mahood, said it has been very slow lately. He reported that the games of skill business which recently applied to be located in the township was denied by the Zoning Board of Appeals. The reason for the denial was because these types of business are not in the zoning resolution, therefore they are prohibited.

Mr. Mahood reported a new business will be located in the old glass factory building on Prospect Street. The owner maintains, repairs, and wholesales engines for oil wells and has started to clean up the property.

The public hearing portion began regarding the proposed amendments which were submitted to Portage County Regional Planning Commission and also to Chris Meduri, Assistant County Prosecutor, for their review and recommendations.

Mr. Meduri approved the proposed amendments as to legal form.

The proposed amendment for revising the definition for indoor recreation was up for discussion. Regional Planning suggested a slight wording change from what the zoning commission proposed. Agreement on the suggested change was felt to be okay. Helen Vari made a motion to accept the Portage County Regional Planning Commission’s recommendation for revising indoor recreation. Paul Galido seconded the motion and voting was as follows: Baumgardner, YES; Galido, YES; Swauger, YES; Vari, YES; and Filing, YES – passed 5/0 The proposed revised definition will be – INDOOR RECREATION: An activity that utilizes an indoor facility such as, but not limited to, 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 and shall not include any adult gaming establishment activities.

This will now be forwarded to the trustees for their approval or denial.

The second proposed amendment was next on the agenda. The zoning commission suggested the recreation facilities definition be revised to exclude gaming establishments. Regional Planning Commission felt it would help to add the word ‘adult’ to clarify the sentence as well.

Bob Baumgardner made a motion to accept Portage County Regional Planning Commission’s recommendation for adding the word ‘adult’ to the proposed revised definition. Rob Swauger seconded the motion and voting was as follows: Baumgardner, YES; Galido, YES; Swauger, YES; Vari, YES; and Filing, YES – passed 5/0 The new proposed definition will be – RECREATION FACILITIES: Public or private facilities that may be classified as either “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 bowling alleys. This does not include sexually oriented business uses and/or adult gaming establishments as defined in this Resolution.

This will now be forwarded to the trustees for their final approval or denial.

Next was the proposed definition which the zoning commission chose for adult gaming establishment. It was also slightly altered by Regional Planning and a general discussion followed to make sure their wording suited the intent of the zoning commission’s proposed change. The Ohio Revised Code has language which was referred to in their decision. They also broke it down and separated the terms regarding the business and the actual machines.

Paul Galido made a motion to accept the definition of adult gaming establishments as recommended by Regional Planning. Bob Baumgardner seconded the motion and voting was as follows: Vari, YES; Swauger, YES; Galido, YES; Baumgardner, YES; and Filing, YES – Passed 5/0 The proposed definition will be - ADULT GAMING ESTABLISHMENTS: means any place of business where skill-based amusement machines are located where a player of the skill-based amusement machine may receive monetary compensation based on the outcome of play. (See Section 390.06A2d)

Because Regional Planning also suggested adding a definition for skill-based amusement machine (as written in the Ohio Revised Code) to be included in the proposed amendment above, it was discussed separately. Bob Baumgardner made a motion to add this as well. Rob Swauger seconded the motion and voting was as follows: Swauger, YES; Galido, YES; Baumgardner, YES; Vari, Abstain; and Filing, YES - Passed 4/1 The proposed definition will be - SKILL-BASED AMUSEMENT MACHINE: means a skill-based amusement device, or machine, whether or not the skill-based amusement machine requires payment. (See Section 390.06A2h)

And, in Section 390.06A2h, the following wording of ORC suggested by Regional Planning will be added (shown in bold). SKILL-BASED AMUSEMENT MACHINE: means a skill-based amusement 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, provided that all of the following apply:

1. The machine involves a task, game, play, contest, competition, or tournament in which the player actively participates in the task, game, play, contest, competition, or tournament.

2. The outcome of an individual’s play and participation is not determined largely or wholly by chance.

3. The outcome of play during a game is not controlled by a person not actively participating in the game.

4. All of the following apply to any machine that is operated as described in the above portion of the definition:
   1. As used in this section, “task”, game”, and “play” mean one event from the initial activation of the machine until the results of play are determined without payment of additional consideration. An individual utilizing a machine that involves a single task, game, play, contest, competition, or tournament may be awarded prizes based on the results of play.

   2. Advance play for a single task, game, play, contest, competition, or tournament participation may be purchased. The cost of the contest, competition, or tournament participation may be greater than a single non-contest, competition, or tournament play.

   3. To the extent that the machine is used in a contest, competition, or tournament, that contest, competition, or tournament has a defined starting and ending date and is open to participants in competition for scoring and ranking results toward the awarding of prizes that are stated prior to the start of the contest, competition, or tournament.

This will be forwarded to the trustees for their approval or denial. This concluded the public hearing portion of the meeting.

Trustee Dave Armentrout provided information to the zoning commission on outdoor furnaces so that discussion could begin to include regulations in the township zoning resolution. With so many restrictions on emissions and particulate matter, soot, etc. the Air Quality Management will be issuing alerts to the public and doing random readings throughout the area. Currently they are unregulated by the EPA. There have been some complaints and many feel that the more popular these furnaces become, there should be regulations on location, setbacks, etc. The county building department might require height of chimney, etc. These outdoor furnaces or hydronic heaters are basically structures in which produced heat is then transferred to the home for water and/or heat.

Discussion on how far these structures should be located from property lines or neighboring dwellings, what can or cannot be burned in them, etc. followed. The chances of catching someone burning illegal or toxic materials is practically impossible; therefore enforcement would be basically left to the county. Odor, dust, fumes, and smoke are nuisances associated with these units. The zoning commission will look at adding a definition and then decide what regulations could be included in the township resolution. Some townships may even limit the acreage needed. Jim Mahood, Zoning Inspector, will provide copies of a sample of what might be considered for proposing an amendment.

The ongoing review of the Planned Residential Development section was tabled.

The next regularly scheduled zoning commission meeting is June 18, 2007.

Rob Swauger made a motion to adjourn. Paul Galido seconded the motion and all ayes were heard.

_________________________________
Bob Baumgardner, Vice-Chairperson
Rootstown Township Zoning Commission

Judy Adamson, Secretary