MINUTES
TUESDAY, JULY 14, 2009
7:00 PM
ZC Board Members Present: Edward
Metzger, Chairman
Larry Marks,
Secretary
Regan Starkey
Bill Ehlers
Jeff Zucal
ZC Alternate Present: Dale Riggenbach
Zoning Inspector Present: Keith Lasure
Purpose: The purpose of tonight’s hearing is to hold the
organizational meeting and to initiate proposed text amendments to the current
Nimishillen Township Zoning Resolution.
Chairman Edward Metzger opened the meeting and introduced the Board.
ORGANIZATIONAL
MEETING:
Election of Officers: MR.
STARKEY MOTIONED TO RETAIN MR.
METZGER AS CHAIRMAN AND MR. MARKS AS SECRETARY
SECONDED BY MR. EHLERS. ALL WERE IN FAVOR. MOTION
CARRIED.
Meeting Day & Time: MR.
ZUCAL MOTIONED TO KEEP THE MEETING
DAY AND TIME THE SAME – TUESDAY’S AT 7:00 PM SECONDED
BY
MR. MARKS. ALL
WERE IN FAVOR.
MOTION CARRIED.
HEARING:
Chairman
Metzger read the letter from Mary Lee Sponseller (attached) regarding the draft of the
proposed amendments and corrections or additions that might be needed.
After going over the draft of the proposed amendments to the Nimishillen Township Zoning Resolution, discussion was held as to whether or not a Type ‘A’ Day-Care Home should be added as a ‘permitted’ rather than ‘conditionally permitted’ use in residential districts. State law only requires that the Type ‘B’ Day Care Home be a permitted use.
Page
2
Discussion
was also held on mulch processing operations as to whether or not to add as a
conditional use in the R-R Rural Residential District.
With
no further discussion and no one in attendance to speak either for or against
the proposed text amendments, Chairman Metzger asked for a motion to initiate
the proposed text amendments with the changes indicated.
MR. STARKEY MOTIONED TO APPROVE AND INITIATE THE PROPOSED TEXT AMENDMENTS AS WRITTEN WITH CHANGES TO SECTION 713 B-3 GENERAL BUSINESS DISTRICT MULCH PROCESSING OPERATION AS A CONDITIONAL USE IN R-R RURAL RESIDENTIAL DISTRICT AND TYPE ‘A’ FAMILY DAY-CARE HOME AS A CONDITIONAL USE:
Add new Section 701.2,B,Conditionally Permitted Uses, “15” to read:
“15. Type “A” Family Day-Care Home, subject to 102,
103,104, 109, 114, 122,
125, 126, 133 and 134.”
Add new Section 701.2,B, Conditionally Permitted Uses, “16” to read:
“Mulch Processing Operation, subject to Subsections 101,108,112 (a, b and c), 113,114, 118, 128, 136.”
SECONDED BY MR. MARKS. ALL WERE IN FAVOR. MOTION CARRIED. (Complete proposed text amendments with changes attached)
Roll call voting: Bill
Ehlers - In Favor
Larry Marks - In Favor
Edward Metzger - In Favor
Regan Starkey - In Favor
Jeff Zucal - In
Favor
NEW BUSINESS / OLD BUSINESS:
There was no new business to discuss. Mr. Metzger suggested to the Board that they should attend a Board of Zoning Appeals hearing to see how they are run. Mr. Metzger said both Boards run good meetings but they are run very different.
APPROVAL
OF MINUTES FROM OCT. 21, 2008 & FEB. 23, 2008:
MR.
STARKEY MOTIONED TO APPROVE THE WRITTEN MINUTES FROM OCTOBER 21, 2008 SECONDED
BY MR. METZGER. ALL WERE IN
FAVOR. MOTION CARRIED.
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3
MR.
MARKS MOTIONED TO APPROVE THE WRITTEN MINUTES FROM FEBRUARY 23, 2008 SECONDED
BY MR. METZGER. ALL WERE IN
FAVOR. MOTION CARRIED.
ADJOURNMENT:
MR. STARKEY MOTIONED TO ADJOURN AT 8:00 PM SECONDED BY MR.
METZGER. ALL WERE IN FAVOR. MOTION CARRIED.
Signature
on file
______________________________
Edward
Metzger, Chairman
Signature
on file
______________________________
Larry
Marks, Secretary
ZC Folder: Zoning
Commission-2009, JULY 14 MINUTES-INITIATE PROPOSED AMENDMENTS & ORGAN.
MEETING.DOC
(Letter
from Mary Lee Sponseller)
April 29, 2009
TO:
ATT: Keith Lasure, Zoning Inspector
FROM: Mary Lee Sponseller
The proposed amendments to the Nimishillen Township Zoning Resolution, as we discussed at the last meeting, have been drafted in amendment form and are enclosed. I am also e-mailing a copy to your office so that you could make any minor additions or deletions which the Zoning Commission decides before proceeding with the amendment process. The draft amendment has been made considering the information given to me, including the minutes from Zoning Commission meetings and the list of what changes the members decided to initiate. However, please note the following corrections or additions:
1) The definitions for day care are from the ORC as sent to you by the Prosecutor’s Office and the definition for “mulch processing operation”, which was not included, is the best I could come up with.
2) The draft also includes changes in numbering due to incorrect numbering in previous amendments.
3) The draft also includes some deletions from conditional uses in some districts, since as noted those districts already reference conditional uses from a previous district.
4) Since none were listed, I have included references to “conditions” for churches, which may be applicable when they are moved from permitted to conditionally permitted uses. Any you don’t want could be deleted at the Zoning Commission’s discretion.
There also is a discrepancy from the minutes and the list of amendments in two areas. The amendments I drafted are as stated in the “Revision Summary”. If they are incorrect, changes to the “draft amendment” should be made:
1) Mulch processing operations – not clear whether you also want to add such a conditional use in the R-R Rural Residential District.
2) Question whether a Type ”A” Day Care Home should be added as a “permitted” rather than “conditionally permitted” use in residential districts. As you
know state law only requires that the Type “B” Day Care Home be a permitted use. It might alleviate future conflicts if the larger homes were only “conditionally” permitted.
After the “draft” and comments are reviewed by the Zoning Commission, if you have any further questions please let me know.
(Proposed Amendments with changes as
stated in July 14, 2009 Minutes)
PROPOSED AMENDMENTS TO THE
(
ARTICLE IV –
DEFINITIONS
ADD the following
definitions: (in appropriate alphabetical
location)
“Child Day-Care Center: Any place in which child day care is provided, with or without compensation, for thirteen (13) or more children at one time, or any place that is not the permanent residence of the licensee or administrator in which child day care is provided, with or without compensation, for seven (7) to twelve (12) children at one time. In counting children for the purposes of this division, any children under six (6) years of age who are related to the licensee, administrator, or employee and who are on the premises of the center shall be counted.”
“Type “A” Family Day-Care Home: A permanent residence of the administrator in which child care or publicly funded child care is provided for seven (7) to twelve (12) children at one time, or a permanent residence of the administrator in which child care is provided for four (4) to twelve (12) children at one time if four (4) or more children at one time are under two (2) years of age. In counting children for the purposes of this division, any children under the age of six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type “A” home shall be counted. “Type A family day-care home” and “type A home” do not include any child day camp.”
“Type “B” Family Day-Care Home: A permanent residence of the provider in which child care is provided for one (1) to six (6) children at one time and in which no more than three (3) children are under two (2) years of age at one time. In counting children for the purposes of this division, any children under six (6) years of age and who are related to the provider and who are on the premises of the Type “B” home shall be counted. “Type B family day-care home” and “type B home” do not include any child day camp.”
“Church: A church is a building used for the worship, the education or honoring of a monotheistic deity often referred to in the English language as God. The building may also be called a chapel, tabernacle, temple, synagogue, mosque, cathedral, abbey, basilica, pagoda, a house of worship, or a house of God.”
“Mulch Processing Operation: The processing, storage and sale to the public of organic materials which may be used for landscaping purposes.”
ARTICLE VI - GENERAL
STANDARDS AND SPECIAL PROVISIONS
Section 602.2 PERMITTED HEIGHT EXCEPTIONS –
Delete the last paragraph which reads: “Churches and temples may be erected to a height not to exceed seventy-five (75) feet if the building is set back from each lot line one (1) foot for each foot of additional building height in excess of the district limitation.”
Correct numbering of Section 603.8 to 603.9 – incorrect number when “Small Wind Energy Systems” were added as an amendment effective June 7, 2008.
Add new Section 603.10 to read as follows:
“603.10 ADULT ENTERTAINMENT USES: All “adult entertainment uses” as defined by this Resolution may only be located within an I-1 Light Industrial or I-2 General Industrial District as a conditional use, subject to conditions as noted in Sections 721.2(B) and 722.2(B), when approved by the Board of Appeals under the provisions of Article XI, Conditional Zoning Certificates.”
ARTICLE VII –
DISTRICT REGULATIONS
Section 701 R-R RURAL
RESIDENTIAL DISTRICT
Section
701.2, A. Permitted Uses, 4.
Delete existing “Churches and other buildings for the purpose of religious worship” and replace with the following:
“4. Type “B” Family Day-Care Home”
Correct Numbering of Section 701.2, B, Conditionally Permitted Uses, “12” to “13” for “Small Wind Energy Systems” – incorrect number when added as an amendment effective June 7, 2008
Add new Section 701.2, B, Conditionally Permitted Uses, “14” to read:
“14. Churches and other buildings for the purpose of religious worship, subject to Subsections 101, 102, 104, 105, 126, and 151.”
Add new Section 701.2,B, Conditionally Permitted Uses, “15” to read:
“15. Type “A” Family Day-Care Home, subject to 102, 103, 104, 109, 114, 122, 125, 126, 133, and 134.”
Add new Section 701.2,B, Conditionally Permitted Uses, “16” to read:
“Mulch Processing Operation, subject to Subsections 101, 108, 112(a, b, and c), 113, 114, 118, 128, 136.”
Section 702 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
Section
702.2, A. Permitted Uses, 3.
Delete existing “Churches
and other buildings for the purpose of religious worship” and replace with the following:
“3. Type “B” Family Day-Care Home”
Correct Numbering of Section 702.2, B, Conditionally Permitted Uses, “13” to “12” for “Small Wind Energy Systems” – incorrect number when added as an amendment effective June 7, 2008
Amend Section 702.2, B, Conditionally Permitted Uses, 5, (references to conditions for recreational uses), by adding new condition - “150”.
Add new Section 702.2, B, Conditionally Permitted Uses, “13” to read:
“13. Churches and other buildings for the purpose of religious worship, subject to Subsections 101, 102, 104, 105, 126, and 151.”
Add new Section 701.2,B, Conditionally Permitted Uses, “14” to read:
“15. Type “A” Family Day-Care Home, subject to 102, 103, 104, 109, 114, 122, 125, 126, 133, and 134.”
Section 703 R-2 ONE AND TWO FAMILY RESIDENTIAL DISTRICT
Section 703.2, A.
Permitted Uses, 4.
Delete existing “Churches
and other buildings for the purpose of religious worship” and replace with the following:
“4. Type “B” Family Day-Care Home”
Section 704 R-3 LOW DENSITY
MULTIFAMILY RESIDENTIAL DISTRICT
Section
704.2, A. Permitted Uses, 6.
Delete existing “Churches
and other buildings for the purpose of religious worship” and replace with the following:
“6. Type “B” Family Day-Care Home”
Section 711 B-1 SUBURBAN
OFFICE DISTRICT
Section
711.2, A. Permitted Uses, 3.
Delete existing “Churches and other buildings for the purpose of religious worship” and replace with the following:
“3. Type “A” and Type “B” Family Day-Care Home”
Add new Section 711.2, B, Conditionally Permitted Uses, “16” to read:
“16. Churches and other buildings for the purpose of religious worship, subject to Subsections, 101, 102, 104, 105, 126, and 151.”
Section 712 B-2 NEIGHBORHOOD
BUSINESS DISTRICT
Delete (2) and (3) as listed in Section 712.2, (B) Conditionally Permitted Uses, since all uses conditionally permitted in a B-1 District are already conditionally permitted in the B-2 district.
Section 713 B-3 GENERAL
BUSINESS DISTRICT
Delete Section 7.13.B (10) Adult Entertainment uses and replace with the following as a conditionally permitted use.
“10. Mulch Processing Operation, subject to Subsections 101, 108, 112(a, b, and c); 113, 114, 118, 128, 136.”
Section 721 I-1 LIGHT
INDUSTRIAL DISTRICT
Add new Section 721.2, B, (7), to read as follows:
“7. Mulch Processing Operation, subject to Subsections 101, 108, 112(a, b, and c); 113, 114, 118, 128, 136.”
Section 722 I-2 GENERAL
INDUSTRIAL
Delete (3), (4) and (5) as listed in Section 722.2, (B) Conditionally Permitted Uses, since all uses conditionally permitted in an I-1 District are already conditionally permitted in the I-2 district.
ARTICLE IX PARKING AND LOADING REQUIREMENTS
Revise Section 901.2, (B) Parking Space to read as follows:
“B. Parking Space – Off-street accessory parking areas shall provide parking spaces, each of which shall not be less than one hundred sixty two (162) square feet, measuring nine (9) feet wide by eighteen (18) feet long in area, exclusive of access drives or aisles.”
Add Section 901.2, (G) to read as follows:
“G. Setbacks on driveways: There shall be a minimum set back of two (2) feet from the adjacent property lines in all residential districts.”
ARTICLE XI CONDITIONAL ZONING
CERTIFICATES
Revise Section 1102, REGULATIONS PERTAINING TO CONDITIONALLY PERMISSIBLE USES - 119, (h) and (i) to read as follows:
“h. Cemetery buildings and structures shall be located at least one hundred (100) feet from adjacent property lines.”
“i. Location of grave sites from streets and adjacent properties shall comply with requirements of the Ohio Revised Code Sec. 1721.03.”
Add new Section 1102, (150) to read as follows:
“150 Restrictions for Recreational Uses:
a) A minimum tract of ten (10) acres shall be required and the maximum lot coverage for permitted accessory building and parking areas shall not be more than five (5) per cent of the total acreage.
b) Such accessory building and parking areas shall not have access through a residential neighborhood and shall be located a minimum of one hundred (100) feet from adjacent property lines.
c) The Board of Appeals shall consider whether the intensity or type of recreational use will be compatible to adjoining residential areas and may prohibit those which would detrimentally affect existing residents.”
Add new Section 1102, (151) to read as follows:
“151 Proposed accessory uses, structures and activities to a church or other religious facility shall be set forth in the application for the conditional use certificate and may include such activities as day care, recreational uses, and/or banquet facilities, which shall be operated by the facility rather than as a separate business.”
Amendments
Folder: Use This One – Nimishillen Amendments as Corrected from 7-14-09 ZC
Hearing