jackson township zoning commission-work session … minutes 5-19-11.pdf · donna conaway james...

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JACKSON TOWNSHIP ZONING COMMISSION-WORK SESSION

Thursday, May 19, 2011

MINUTES

Members present: David Benner

Donna Conaway

James Conley

John Clark

Scott Sandrock-Alternate

Zoning Inspector: Joni Poindexter

Absent Member: Daniel Thiel

Changes highlighted in yellow are those that were modified prior to work session but after the proposed

changes were sent to the commission for review.

Work Session- The Jackson Township Zoning Commission held a work session regarding proposed text

changes to the zoning resolution including, but not limited to, recreational facilities, skilled games and

internet cafes, signage and permitted uses.

Ms. Poindexter stated that Mr. Fitzgerald, Law Director, reviewed the proposed changed and did not

have any issues as proposed.

Ms. Poindexter read each of the proposed changes as follows:

1) Section 201.1 DEFINITIONS Add “Skill–Based Amusement Machine-A mechanical, video, digital or electronic device that rewards the player or players, if at all, only with merchandise prizes or with redeemable vouchers redeemable only for merchandise prizes, provided that with respect to rewards for playing the game all of the following apply: (a) The wholesale value of a merchandise prize awarded as a result of the single play of a

machine does not exceed ten dollars: (b) Redeemable vouchers awarded for any single play of a machine are not redeemable for a

merchandise prize with a wholesale value of more than ten dollars; (c) Redeemable vouchers are not redeemable for a merchandise prize that has a wholesale value

of more than ten dollars times the fewest number of single plays necessary to accrue the redeemable vouchers required to obtain that prize; and

(d) Any redeemable vouchers or merchandise prizes are distributed at the site of the skill-based amusement machine at the time of play.”

Add “Merchandise prize-any item of value, but shall not include the following: (a) Cash, gift cards, or any equivalent thereof; (b) Plays of games of chance, state lottery tickets, bingo, or instant bingo’ (c) Firearms, tobacco, or alcoholic beverages; or (d) A redeemable voucher that is redeemable for any of the items listed in a, b or c for

Merchandise prize.”

Add “Redeemable voucher-any ticket, token, coupon, receipt, or other noncash representation of value.”

Add “Skilled Game/Internet Café Facility-A facility in which a skill base amusement machine is utilized for the purpose of recreation.”

REASON: To clarify what the definition of each item. Definitions taken from ORC.

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Mr. Benner stated asked if it would be sufficient to just refer to the definitions as opposed to putting them in the regulations in case they changed.

Ms Poindexter stated that she thought it would be better to specify what they are because they can always be changed at a later date if they are changed per the ORC. She thinks it is a good idea to have them in the regulations for clarification purposes.

Approved-The board approved the change as submitted.

Change #132 to “Recreational Facility/Use: A building designed place designed and equipped for conduct of sports, leisure-time and other customary and usual recreational activities or entertainment activities, but not including those uses otherwise specifically defined or regulated in this resolution. This does not include a recreational use that is an accessory to a residence. As provided in this resolution, recreational facilities are classified into four types:

Recreational Facility/Use, Type A: Outdoor recreation facilities/uses, usually requiring a large space, which are relatively quiet and compatible with residential uses, including, but not limited to, a regulation golf course and related facilities, picnic area, park, playground, trails for walking, bicycling, or horse-riding (excluding trails used by motorized vehicles), fishing, boating, observation of nature and similar facilities and activities.

Recreational Facility/Use, Type B: Outdoor recreation facilities/uses for the commercial use of intense sports and athletic activities, including, but not limited to, field sports, baseball field, soccer field, swimming pools, tennis courts, basketball court, and golf driving range.

Recreational Facility /Use, Type C: Indoor recreation and entertainment facilities/uses, including, but not limited to, those required for indoor court & field sports, shooting ranges, athletic clubs, bowling alleys, theaters, auditoriums, lodge halls, health & fitness spa, Internet café, skill gaming room, and social clubs.

Recreational Facility/Use, Type D: Outdoor recreation facilities/uses which are not classified as Type A, Type B, or Type C which may generate noise and may otherwise not be compatible with residential uses, including, but not limited to, indoor shooting range, Internet Café, skill gaming room, miniature golf course, amusement park, water park, race track for motorized vehicles, animal race track, and campgrounds.

REASON: To separate the types of recreational facilities that are permitted in certain districts to be compatible for such district.

Ms. Poindexter stated that currently recreational uses are a broad category and anything that is considered a recreational use is permitted or conditionally permitted in almost every zoning district, including any residential district. The way it is currently written if someone wanted to put a race track in an R-R district, they could do that as long as they obtained a conditional use permit. Recreational uses would now be separated out to specify what type of use is permitted or conditionally permitted in what district.

Ms. Poindexter stated that anything that is highlighted in yellow is what was added since the original proposed was submitted to the zoning commission.

Mr. Benner stated that he thinks under Type D, Outdoor should be removed because indoor and outdoor is both reference later in the paragraph.

Ms. Poindexter asked if Mr. Benner was referring to indoor shooting range.

Mr. Benner stated yes.

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Ms. Poindexter stated that she doesn’t think “indoor” should be there. If you look at the table of permitted uses, anything that is permitted in type A, B, or C will be permitted in type D. However, only type A will be permitted in residential districts.

Mr. Benner stated that he was only concerned with the wording. It says outdoor recreation facilities, etc. but then is says indoor shooting range, internet café and skilled gaming room, none of which are outdoor so he thinks the work outdoor should be removed and just say recreation facilities, etc.

Approved as modified-The board approved the proposed changes as modified for type C and D to read as follows:

Recreational Facility /Use, Type C: Indoor recreation and entertainment facilities/uses, including, but not limited to, those required for indoor court & field sports, athletic clubs, bowling alleys, theaters, auditoriums, lodge halls, health & fitness spa, and social clubs.

Recreational Facility/Use, Type D: Recreation facilities/uses which are not classified as Type A, Type B, or Type C which may generate noise and may otherwise not be compatible with residential uses, including, but not limited to, shooting range, Internet Café/skill gaming room, miniature golf course, amusement park, water park, race track for motorized vehicles, animal race track, and campgrounds.

Change #133 – from “Recreational Use: A use designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. This does not include a recreational use that is an accessory to a residence.” to “Recreation, Private Use: Privately-owned and utilized recreation facilities located on a lot with a dwelling and used by the occupants of the dwelling and their non-paying guests thereof as an accessory to the dwelling use of the property.”

REASON: Recreational use is included in the definition of recreational facility. Recreation, Private is

added to clarify what is considered a private recreational use as an accessory to the principal

dwelling on the property.

Ms. Poindexter explained that recreational uses are defined under the proposes changes so this is being change to define a private recreational use.

Approved-The board approved the changes as submitted.

Change #148 to Small Structure Mounted Wind Energy Conversion System (SSM-WECS): A structure mounted wind energy system that converts wind energy into electricity through the use of equipment (e.g., base, blade, rotor, foundation, generator, nacelle, tower, transformer, vane, wire, inverter, batteries, etc.) SSM-WECS’s have nameplate capacities that do not exceed the (10) Kilowatts. “The Total Height of the SSM-WECS unit does not exceed fifteen (15) feet as measured from the highest point of the adjacent roof or structure, excluding chimney’s, antennae or other similar features.” REASON: The height is addressed in the requirements for the construction of the SSM-WECS under sections 401.12(L) and 411.11(H).

Mr. Benner stated that the current regulation states that there is a nameplate capacity that is for 10 kilowatts.

Ms. Poindexter stated that, that portion is not proposed to be changed.

Mr. Benner stated that he knows that but obviously this is a technology that is changing very quickly and why do we care what number of kilowatts it generates. Today one my generate 5KW but later it may generate 100 KW so what does it matter.

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Ms. Poindexter stated that she doesn’t know. When the regulations were originally written it was taken from what was suggested from other township.

Mr. Benner asked if it means that is the type of system that will be allowed.

Ms. Poindexter stated that it is for small structure mounted turbines.

Mr. Clark stated that his guess is if it exceeds 15 ft. it’s generating more kilowatts but what happens when it they make a 15 ft. on that can generate more.

Mr. Benner stated that he is not sure that they want to define it by the capacity that it can generate. You are really trying to define the setback, height, etc. of it. Mr. Benner doesn’t think it is relevant to what they are trying to define so it should be removed.

The other board members agreed.

Approved a modification as follows:

Change #148 to Small Structure Mounted Wind Energy Conversion System (SSM-WECS): A structure mounted wind energy system that converts wind energy into electricity through the use of equipment (e.g., base, blade, rotor, foundation, generator, nacelle, tower, transformer, vane, wire, inverter, batteries, etc.) SSM-WECS’s have nameplate capacities that do not exceed the (10) Kilowatts. “The Total Height of the SSM-WECS unit does not exceed fifteen (15) feet as measured from the highest point of the adjacent roof or structure, excluding chimney’s, antennae or other similar features.”

2) SECTION 302.5 VISIBILITY AT CORNER LOTS AND DRIVE ENTRANCES AND EXITS Change to “No structure or object placed on a lot located at the intersection of two or more streets, or the intersection of a drive entrance or exit and an access drive road shall cause an obstruction to clear view by motor vehicle drivers.” REASON: To clarify if a drive intersects with a street or access drive there shall be no obstructions of vision to drivers.

Ms. Poindexter stated that the word “drive” is being modified to “road” since the proposed changes were originally submitted to the commission for review.

Approved –The board approved the proposed change as modified.

3) SECTION 302.7 SURFACE MINING/TOPSOIL REMOVAL

A conditional use permit for surface mining or top soil removal shall not be required when:

A. A Zoning Certificate has been issued for construction of a structure or structures on a development area provided those plans specify the affected areas approved for said structure or structures, including parking, driveway or driveways and roadways in compliance with Chapter 601 of the Jackson Township Zoning Regulations.

B. The removal of peat, and minerals is from those areas that are needed to develop public or private roadways on a final subdivision plat and the plat has been approved by the Stark County Commissioners for development of residential housing, business, or industrial complex development.

REASON: To clarify when a conditional use permit is not required for top soil removal.

Ms. Poindexter stated when topsoil was put in the regulation is was inadvertently not added to this section.

Approved-the board approved the proposed change as modified.

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4) SECTION 302.15 “HOUSE NUMBERING”

Add Section 302.15 “House Numbers-Dwellings and buildings shall have their officially assigned

house numbers visibly displayed facing the street within 30 days following the completion of

construction.”

REASON: To ensure that a house number is posted on the property for identification purposes.

Mr. Clark asked why it is limited to the completion of construction as opposed to a limited number of days of the beginning of construction. If part of the reason is for identification purposes for inspection you would want it before the construction is complete.

Ms. Poindexter stated she thinks this is a good point so maybe it should be change to read “within 30 days of the beginning of construction.”

The board agreed.

Approved as modified-The board agreed to the proposed change as modified to read as follows:

SECTION 302.15 “HOUSE NUMBERING”

Add Section 302.15 “House Numbers-Dwellings and buildings shall have their officially assigned

house numbers visibly displayed facing the street within 30 days of the beginning of

construction.”

5) SECTION 401.2 USE REGULATIONS

Add to (D) Accessory Uses - #17 Recreation, Private Use

REASON: To clarify that a private recreational use as an accessory to a principal residential use is

permitted as defined in Section 201.2.

The board agreed to the proposed change as submitted.

6) SECTION 401.3 SCHEDULE OF USES-RESIDENTIAL

Change “3b& C” and “4a, b, e, & f” and add footnote “f” to notes to Schedule of Permitted uses

Column A B C D E F G H I J

Land Use Category O-S R-R(d) R-1 (d) R-1A (d) R-2 R-3

PUD (a)

R-4 R-5 R-6

PUD (b)

3. Recreational,

Entertainment Uses:

a. Temporary recreational

events, fairs, festivals P P P P P P P P P

b. Recreational Facilities

Facility, Type A CUP

P

CUP

P

CUP

P

CUP

P

PR CUP

P

CUP

P

PR

c. Parks, playgrounds

Recreational Facility,

Type B

P

CUP

P

CUP

P

CUP

P

CUP

PR

P

CUP

P

CUP

PR

4. Community Facilities

a. Elementary and

secondary schools and

related facilities-Public(f)

CUP

P

CUP

P

CUP

P

CUP

P

CUP

P

CUP

P

PR

b. Elementary and

secondary schools and

related facilities-Public

or Private

CUP CUP CUP CUP CUP CUP PR

c. Public Safety Facilities P P P P P P P P

d. Public Service Facilities CUP P P P P P P P P

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e. College/University/

Technical school and

related facilities-Public(f)

CUP

P

CUP

P

CUP

P

CUP

P

CUP

CUP

P

CUP

P

f. College/University/

Technical school and

related facilities-Public

or Private

CUP CUP CUP CUP CUP CUP

Notes to Schedule of Permitted Uses:

(a) See Section 401.15, 401.16, 401.18 and 401.20 for regulations for R-3 Residential PUD’s.

(b) See Section 401.15, 401.16, 401.17, 401.18 and 401.20 for regulations for R-6 PUD’s.

(c) See Chapter 304 for regulations for Wireless Telecommunications Facilities.

(d) Only one (1) residential dwelling unit per lot is permitted unless otherwise stated in these

regulations.

(e) Requires renewal of a conditional use permit on an annual basis.

(f) See section 401.22 for regulations.

REASON: Currently any recreational facility/use is conditionally permitted in any residential district

and the types of uses are not specified therefore some uses such as a shooting range, bowling alley,

race track, etc. that are not compatible with a residential use could be detrimental to the residential

district as permitted with a CUP. This will separate certain recreational uses and where they are

permitted and conditionally permitted. Public schools and College or Universities would be a

permitted use in the residential district; however they would have the same setback requirements

as private schools, college and universities as conditionally permitted uses in certain districts.

Ms. Poindexter stated that after further review it was thought that type B should not be permitted in a residential district therefore it is not going to be a permitted use in any residential district. This is a change from what was originally submitted to the commission for review.

Ms. Poindexter stated that public and private schools are being separated so that a public school is no longer a conditionally permitted use but rather a permitted use. However, they would have certain setback requirements and lot size requirement that are different from other permitted uses in residential districts. This is address by adding footnote “C” which states see section 401.22 which has the specific requirements. Private schools would continue to be a conditional use permit in residential uses.

Approved as modified-The board approved as modified the proposed change to exclude type B recreational facilities in a residential district.

6. SCHEDULE 401.6 MINIMUM REQUIRED YARD FOR PRINCIPAL USES ON LOTS

Add to Notes to Schedule 401.6 (a) “For corner and double frontage lots, either street may be

designated to meet the front yard setback, as required for such district. A minimum setback of

twenty-five (25) feet shall be required on the other street for all structures.”

REASON: To clarify if a lot has double frontage it has the same regulations as a corner lot.

Ms. Poindexter explained what was meant by double frontage.

Approved –The board approved the proposed change as submitted.

7. SECTION 401.9 DWELLING UNIT REQUIREMENTS

Add C. “A building addition to a principal dwelling shall be considered attached if the principal

dwelling and the addition are connected by a solid roof or a shared party wall.”

REASON: To clarify what is considered attached to a principal building.

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Ms. Poindexter explained some people wanted to attach an accessory building to a principal building

by connection lattice work and calling it attached so this verifies what is considered attached.

Approved-The board approved the proposed change as submitted.

8. Section 401.12 SUPPLEMENTAL ACCESSORY USE REGULATIONS

Add to “B” Permanent Year Round Swimming Pools, Private #6 “A swimming pool shall be

considered attached to the principal dwelling if it directly abuts a decking surface such as

concrete, brick or wood that is connected to or abutting up to the principal dwelling.” Swimming

pools, attached or detached, shall meet the required setbacks per Schedule 401.11.

REASON: To clarify what constitutes a swimming pool being attached and that a swimming pool

either attached or detached must meet the required setback for swimming pools in Schedule

401.11.

Approved-The board agreed to the change as submitted.

Change “L” #4 to “The total mounting height of an SSM-WECS shall not exceed 15 feet above the

highest point of the roof or structure maximum permitted height of the principal structure per the

district in which it is located.”

REASON: To verify what the total height permitted is for the wind turbine.

Add to “L” Small Structure Mounted Wind Energy Conversion System (SSM-WECS)-“#8 -The small

structure mounted wind energy conversion system shall be attached to the principal dwelling on

the property in which the small structure mounted wind energy conversion system is servicing”.

REASON: To verify that the small mounted wind turbine must be mounted to the principal structure

and cannot be attached to an accessory structure on the property.

Ms Poindexter explained if the windmill is located in a district that has a maximum principal height

of 40 ft. then the maximum height of the windmill would be 55 ft. This is to clarify the height better.

Ms. Poindexter stated that when she spoke to Mr. Benner prior to the meeting he brought up a

good point as to why do we care if it is attached to the principal or accessory structure because the

height and setback requirements would remain the same. With that the word “principal” is being

removed from L#4 and L#8 will not be added.

The board agreed.

Approved as modified-The board agreed to approve the change as modified to not include the

word “principal” in L#4 and not to add L#8.

9. SECTION 401.13 HOME OCCUPATION

Add “A home occupation shall be permitted in any residential district, and any commercial or

industrial district under a non-conforming residential use, subject to the following conditions.”

REASON: To clarify that a home occupation is permitted under the non conforming residential use

in a commercial or industrial district.


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10. Add SECTION 401.22 MINIMUM REQUIRED YARDS FOR PUBLIC ELEMENTARY AND

SECONDARY SCHOOLS, COLLEGES, UNIVERSITIES AND TECHNICAL SCHOOLS IN RESIDENTIAL

DISTRICTS.

The minimum lot area for a public elementary or secondary school shall be three (3) acres with a

minimum lot width of 100 ft. The minimum front building setback shall be 50 ft. and the side and

rear yard setback shall be 35 ft. The minimum front, side and rear parking setback shall be 20 ft.

The minimum lot area for a public college, university or technical school shall be three (3) acres

with a minimum lot width of 100 ft. The minimum front building setback shall be 50 ft. and the

side and rear building setback shall be 100 ft. The minimum front, rear and side parking setback

shall be 20 ft. A 10 ft. buffer shall be required around the perimeter of the property when

abutting an R-R, R-1, R-1A or R-2 district in compliance with Section 411.9D. Related facilities such

as dormitories, student union halls, parking and athletic facilities shall be located on the same lot

as the college, university or technical school or adjacent to the lot in which the college, university

or technical school is located.

REASON: To allow a public owned school, college or university to be permitted with a residential

district with certain restriction as opposed to requiring a conditional use permit.

Ms. Poindexter stated the number 10 was already discussed when they talked about public schools

being permitted uses.


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11. SECTION 411.2 USE REGULATIONS

Add to D Accessory uses “#10 Recreation, Private Use”

REASON: To clarify that a private recreational use as an accessory to a principal residential use is

permitted as defined in Section 201.2.

12. SECTION 411.3 SCHEDULE OF PERMITTED USES-COMMERCIAL/INDUSTRIAL/CANAL PARKLAND

Column A B. C. D. E. F. G.

LAND USE CATEGORIES B-1 B-2 B-3 PBRD I-1 C-P

1. Residential Uses:

a. Single-family dwelling P

b. Family home for handicapped P

c. Two-family dwelling P

d. Multi-family dwelling PR

e. Bed and breakfast Inn CUP P PR P

f. Congregate Living Facility CUP CUP P PR

2. Office, Professional Service Uses:

a. Business, professional, medical and dental office P P P PR P P

b. Financial facility/banking with or without drive-

thru

P P P PR P P

c. Stand alone drive up automated teller machines P P P PR P P

d. Planned office complex CUP CUP P PR P P

e. Hospital, medical clinic CUP CUP P PR P

3. Retail and Service Uses:

a. Retail sales establishments, seventy-five hundred

(7,500) sq. ft. or less

P P PR P

b. Retail sales establishments greater than seventy-

five hundred (7,500) sq. ft.

P PR P

c. Restaurants without drive-thru P P PR P

d. Restaurants with drive-thru CUP P PR P

e. Supporting retail and services that reinforce the

character of the district, such as stores selling

arts and crafts, gifts, and/or incidental food, ice

cream, bike rental/repair, ATM, restaurants

P P PR P P

f. Personal Services P P PR P

g. Planned Business Complex CUP P PR P

h. Business and Trade School-Private CUP P PR P

i. Funeral Home P P P PR P

j. Hotel, Motel P P

k. Garden supply sales, landscaping business CUP P

l. Outdoor display P PR P P

m. Kennel (overnight boarding) CUP CUP PR P

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SECTION 411.3 SCHEDULE OF PERMITTED USES

Column A. B. C. D. E. F. G.


n. Veterinary hospital, animal clinic, dog

grooming

P P PR P

o. Sexually oriented business according to

Section 411.16

P

p. Arts and Crafts festivals & outdoor displays

& sales (C)

P P PR P P

q. Furniture repair/refinishing P P

4. Vehicular Services:

a. Automobile, truck, boat, trailer, and farm

implement sales, storage and/or repair

CUP P

b. Car Wash Facilities CUP CUP PR P

c. Gasoline stations/automotive service station P P

d. Landscaping & Construction vehicle and

equipment storage-when not used in conjunction

with onsite business

CUP P

e. Parking lot as principal use P P PR P CUP

f. Transportation terminal CUP

g. Automobile Rental P P

5. Recreational, Entertainment Uses:

a. Indoor recreational uses, health spa facilities

Recreational Facility, Type A

P P P PR P P

b. Private outdoor recreational uses

Recreational Facility, Type B

CUP CUP P PR P P

c. Theatres Recreational Facility, Type C P PR P

d. Clubs Recreational Facility, Type D P PR P CUP

6. Storage and Distribution:

a. Indoor bakery distribution center CUP P

b. Mini-storage facility (b)

CUP P

c. Outdoor storage P P

d. Warehouse P

e. Wholesale outlet P P

7. Industrial, Manufacturing Facilities

a. Experimental testing and research facilities P

b. Factory-manufacturing, compounding,

processing, assembling, packaging

P

c. Manufacture of products from raw materials CUP

d. Junkyard, scrapyard, auto wrecking yard (b)

CUP

e. Recycling and/or transfer facility (b)

CUP

f. Sanitary landfill (b)

CUP

g. Surface and Strip Mining (b)

CUP CUP CUP PR CUP CUP

h. Certified Composting Facility (b)

CUP PR CUP CUP

i. Top Soil Removal (b)

CUP CUP CUP CUP CUP

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SECTION 411.3 SCHEDULE OF PERMITTED USES



8. Community Facilities:

a. Cemetery CUP CUP CUP PR CUP

b. Adult or Child Day Care Center CUP CUP P PR P

c. Churches, other places of worship,

buildings for public assembly

CUP CUP P P CUP

d. College/University/Technical/

Business/Trade school and related

facilities-Public or private

CUP

P

CUP

P

P PR P

e. College, University, or Technical

School and related facilities-Private

CUP CUP P PR P

f. Elementary and secondary schools and

related facilities, Public or private CUP

P

CUP

P

P PR P

g. Library, Museum P P P PR P CUP

h. Public Service Facilities P P P PR P P

i. Public Safety Facilities P P P PR P P

j. Public maintenance Facilities P P P PR P P

k. Public parks, playgrounds, outdoor

recreational Facilities

P P P PR P P

9. Other Uses:

a. Wireless Telecommunication Towers P P P P CUP

b. Temporary Fairs, Festivals P P P PR P P

c. Radio & Television Station w/o Tower CUP P P PR P

d. Terminal for Fleet Vehicles CUP P

e. Dangerous, Exotic and Wild Animals P(a)

Notes: (a) Five (5) acres or greater-See Section 411.18 for supplementary regulations for Dangerous, Exotic

and Wild Animals. (b) Requires renewal of a conditional use permit on an annual basis. (c) See section

411.10 for outdoor arts & crafts display regulations

REASON: #3h-This is for private Business & Trade schools only. Public ones addressed in 8d.

#5a,b,c, d-Currently recreational facilities/uses is a term used in general. This limits the type of recreational uses in certain districts by classifying them separately. This will help to clarify which uses are permitted or conditionally permitted in certain districts.

ITEM E PBRD-The purpose of the PBRD district is to create a comprehensive environment in which suburban Office and Medium Density Multi-Family uses can be blended. A lot of the uses under the PBRD which have “PR” are an intense use and not an office type use or a permitted use to an accessory use therefore should be excluded as a “PR” in the PBRD district.

ITEM 8 D,E,F- Public schools and College, Universities, technical or trade schools would be a permitted use in the commercial and industrial district as opposed to a conditionally permitted use.

ITEM 8 i, j, k - Public service, safety and maintenance facilities should be permitted in all districts.

Ms. Poindexter stated that some items under the PBRD are being deleted because if you look at the definition of PBRD it says the purpose of the district is to create a comprehensive environment in which suburban office and medium density multi-family uses can be blended. A restaurant with a drive thru, a planned business complex, a kennel, etc. are not office uses so they probably should be removed.

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Ms. Poindexter stated that some of the other items are things that were already discussed, such as private and public schools, but they need to be addressed in this section also for consistency.

Item 3(P) in the table is just being revised a little for better understanding. We added the word and as opposed to just having a slash “Arts & Crafts Festivals/outdoor/display.”

Ms. Poindexter stated after further review it was thought that a Type B recreational facility should not be permitted or conditionally permitted in the B-1 or B-2 district.

The board agreed.

Mr. Sandrock stated that going back a little bit under Type D and internet café is listed that is only permitted in an industrial district. Mr. Sandrock asked how that is not consistent with a retail establishment.

Ms. Poindexter stated that is it not retail. It is a recreational use.

Mr. Sandrock stated you walk into a door and inside a building where there are computers, etc. That is not a whole lot different than walking into Bob’s coffee shop, in terms of utilization. It is a person drives up, walks into a strip mall and is inside a store. They are not manufacturing anything, and there is no waste material or a dump truck out front. If you compare actual uses of land, he doesn’t see a significant difference between land uses. Between a retail establishments that is a convenience store that is selling lottery tickets verses somebody walking into one of those classification. Mr. Sandrock stated personally he don’t see how it is not put into the retail category.

Ms. Poindexter stated that the township does not want them all through the Belden Village area in every strip mall at every other property. The point is to control them a little bit. By allowing them only in the I-1 district it limits the location therefore limiting the number of them.

Mr. Sandrock stated that he understands but from a pure use perspective he doesn’t really see a difference in the land use.

Ms. Poindexter stated that it was originally going to be permitted in the B-3 but after further review it was thought it would be better to limit it to the I-1 district. Ms. Poindexter stated, if the amendment is approved, there will several that will be non-conforming in the B-3 district.

Mr. Clark stated explained what is considered an internet café with skilled games.

Mr. Sandrock stated from what he understands you go in and you are at a computer. It is from a land use perspective and in his view no different that walking into a Star Bucks and getting a cup of coffee because he is in a retail space and not manufacture anything or getting pollutants or don’t have delivery trucks coming and going. If it is the conduct that is unacceptable then we should regulate the conduct and either permit them or otherwise deal with the conduct and say this conduct is illegal or improper no matter what classification it is in.

Ms. Poindexter stated that she feel the township would rather limit it to the industrial district but the zoning can modified it however they like.

Ms. Conaway stated she thinks she would rather limit it to the industrial district. We can legally do that. If we don’t do that and if their conduct isn’t what it should be, that opens up a whole new thing.

Ms. Poindexter stated that it is kind of like what we have in Belden Village on Everhard. There is a business that is there and was a permitted use at the time but the township addressed the matter and limited them to the I-1 district because we didn’t want a bunch of those types of businesses in the Belden Village area.

Ms. Conaway stated that the potential is there for problems if allowed in the B-3. If we can squelch it legally then she understands why it should be permitted in only the I-1 districts.

13

Mr. Conley asked if internet café is defined.

Ms. Poindexter stated yes. It was one of the changes discussed on the first page.

Mr. Clark stated that he thinks the point is that you could have an internet café that is not a skilled gaming facility.

Mr. Benner asked what they existing ones are classified as.

Ms. Poindexter stated that they classify themselves as an internet café because legally you can’t have a skilled gaming facility because it is considered gambling.

Mr. Conley stated that internet café and skill gaming room should have a slash between them as opposed to a comma.

The board agreed.

Approved as modified-The board approved the changes as modified.

13. SCHEDULE 411.10 MINIMUM YARD REQUIREMENTS AND HEIGHT FOR ACCESSORY BUILDINGS,

STRUCTURES OR USES

Add to #2 (C) and (D) footnote “E”.

Add to Notes of Schedule 411.10 footnote “E” “8 ft. when abutting an access drive road or street.”

REASON: To prevent obstruction of view from vehicles when abutting a street or access drive.

Ms. Poindexter stated the word “drive” is being changed to “road” and that currently dumpster

enclosures are permitted to be 5 ft. from any rear or side property line. However, if the side or rear

property line abuts an access road it needs to be at least 8 ft. from the side or rear lot line so it does

not block the view of traffic.

The board agreed.

Approved as modified-The board approved the changes as modified to change the word “drive” to

the word “road”.

14. SECTION 411.11 SUPPLEMENTAL ACCESSORY USE REGULATIONS

Change “H” #4 to “The total mounting height of an SSM-WECS shall not exceed 15 feet above the

highest point of the roof or structure maximum permitted height of the principal structure per the

district in which it is located.”

REASON: To verify what the total height permitted is for the wind turbine.

Ms. Poindexter stated that this is the same as in the residential districts under 401.12.

The board agreed.

Approved as modified-The board approved as modified to remove the word “principal”.

Add to “H” #8- Small Structure Mounted Wind Energy Conversion System (SSM-WECS)-“#8 -The

small structure mounted wind energy conversion system shall be attached to the principal

structure on the property in which the small structure mounted wind energy conversion system is

servicing”.

REASON: To verify that the small mounted wind turbine must be mounted to the principal structure

and cannot be attached to an accessory structure on the property.

14

Ms. Poindexter stated this is the same as discussed earlier as to it can be on an accessory or

principal structure because the height and setbacks are the same. This is for commercial districts.

Approved-The board approved the change as modified to not include H#8.

15. SECTION 411.12 OUTDOOR BUISINESS DISPLAY/STORAGE AND PATIOS

Add to 411.12 “C. Outdoor Patios: Outdoor patios that are accessible from the principal structure

shall comply with the setback requirements for principal structures as set forth in Schedule

411.5.”

REASON: To clarify the setback requirements for outdoor patios.

Ms. Poindexter stated with all the smoking patios being constructed it was felt outdoor patios

should be addressed with a setback requirement.

Approved –The board approved the change as submitted.

16. SCHEDULE 431.4 MINIMUM AREA, WIDTH AND YARD REGULATIONS OF CONDITIONAL USES IN

RESIDENTIAL DISTRICTS

Add to A(3) Private College/University, or Technical schools “and related facilities.”

REASON: To clarify that the CUP requirements fare for a private College or University and related

facilities are included. A private technical school is not conditionally permitted in a residential

district therefore should be removed

Ms. Poindexter stated this change is for consistency throughout the regulation.


Change A(7) to “Private Elementary and Secondary schools and related facilities, public or private.”

REASON: Public school are permitted and private schools are conditionally permitted. Consistent

with other changes in resolution.

Ms. Poindexter stated this changes is for consistency throughout the regulations.


Change A(14) from “Recreational Facility” to “Recreational Facilities, Type B.”

REASON: Recreational facilities are now categorized by different types. Type B is the only type

conditionally permitted in a residential district.

Ms. Poindexter stated that this should be removed from the table for consistency because it was

agreed that Type B recreational facilities are not conditionally permitted in residential districts.

Approved as modified-The board approved the change as modified to not include recreational

facilities, Type B in residential districts.

17. SCHEDULE 431.5 SCHEDULE OF MINIMUM LOT AND YARD DIMENSIONS FOR CONDITIONAL

USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS

Add to A(8) Private College, University, Technical/Trade School “and related facilities.”

REASON: To clarify that related facilities are included as part of the CUP requirements

Ms. Poindexter stated that this is to verify that related facilities are included in the conditional use.


15

Delete #12-“Elementary and Secondary Schools and related facilities.”

REASON: They are permitted in commercial districts and not conditionally permitted therefore

should not be listed under the conditionally permitted section for commercial and industrial.

Ms. Poindexter stated this is removed because it is not a conditionally permitted use but rather a

permitted use so it does not need to be listed in the table.


Change A(25) from “Private outdoor recreational facility” to “Recreational Facility, Type B and D.”

REASON: Recreational facilities are now categorized by different types. Type D is the only type

conditionally permitted in the commercial and industrial districts.

Ms. Poindexter stated that Type B is not conditionally permitted in commercial therefore should be

removed from the table.

Approved as modified-The board approved the change as modified to remove “type B”.

18. SCHEDULE 431.6 SUPPLEMENTAL REGULATIONS FOR CERTAIN USES

Change “E” to “Private Colleges, Universities, Technical/Trade Schools and related facilities shall

comply with the following:”

REASON: To clarify that the supplemental regulations include private Colleges and Universities as

well as Technical and Trade Schools and related facilities. Consistent with other regulations.

Ms. Poindexter stated that Technical/Trade Schools should have been listed to be included in the

table.

Approved-The board agreed to the change as submitted.

Change “F” to “Community Facilities such as Church and other Places of Worship, Private

Elementary and Secondary Schools and Related Facilities, Libraries and Museums shall comply with

the following:”

REASON: To clarify this is for Private Elementary and Secondary Schools and Related Facilities.

Ms. Poindexter stated that this is just clarifying this is for private schools in the table.


Change “V” to “Recreational Facilities, Type B and D.”

REASON: Recreational facilities are categorized by types. Type B and D are the ones that are

conditionally permitted.

Ms. Poindexter stated this is for consistency. Type B is not a conditionally permitted use therefore

should not be listed in the table..

Approved as modified-The board approved the change as modified to not include Type B.

19. SCHEDULE 502.1 SIGNS NOT REQUIRING A PERMIT

Delete entirely #7-Other incidental/instructional sign

REASON: This is addressed under the freestanding and wall signage requirements and wall signage

Ms. Poindexter stated that this is not being removed but is rather being address in another section

of the zoning book regarding signage.


16

20. SECTION 502.2 SIGNS REGULATED AND REQUIRING A PERMIT

Delete this section entirely along with Schedule 502.2

The following types of signs shall require a permit and shall not be considered in determining the

allowable number or size of signs on a lot. Provided, however, that they must comply with all other

applicable sections of these regulations. The following signs shall be located a minimum of 5 ft. from any

road right-of-way.

Schedule 502.2

Column A B. C.

Type of Sign Permitted in

Any District

Size Permitted: Not to exceed Limitations and Comments

1. Menu Boards for drive-

thru facilities

80 sq. ft., 8 ft. in height

maximum

Limited to businesses with

drive-thru facilities

2. Directional Signs 6 sq. ft., 3 ft, in height

maximum

Freestanding only. One per

drive entrance.

REASON: These signs and regulations are addressed in other tables in the regulations.

Ms. Poindexter stated that this signage is not being deleted but is being moved to another section of

signage requirements where it better fits.


17

21. SECTION 502.3 becomes 502.2

Revise Schedule 502.3 by deleting off premises signage and only address on premises signage and

change to Schedule 502.2.

Schedule 502.2 On premises Signs permitted in Residential Districts

Column A B. C. D.

Signs Permitted in Residential

Districts

Maximum

number of

signs

Size

Permitted;

Not to exceed

Requirements and Comments

1. Unlighted identification sign 1 4 sq. ft./4 ft. in

height

Announcing home occupation, child

day care, or family day care.

2. Residential subdivision or

development sign

1 per corner

of main street

entrance into

the

development

32 sq. ft. /9 ft.

in height May be illuminated

3. (A) Freestanding and wall

sign for permitted or

conditionally permitted

nonresidential or

nonconforming uses or

1 each per

street

frontage

50 sq. ft./9 ft.


(B) In lieu of a freestanding

sign one decorative

wall containing signage

may be placed on each

side of one entrance

drive per street

frontage.

1 per

decorative

wall

50 sq. ft. per

decorative

wall

May be illuminated

Decorative wall shall not exceed 5 ft.

in height, signage shall not protrude

above the wall height and electronic

message boards are prohibited

4. (A) Freestanding sign for

model home or temporary

sales office 1

15 sq. ft./6 ft.

in height Must be removed upon completion

of project (B) Wall sign for model

home or temporary sales

office

6 sq. ft./5 ft. in

height

5. Freestanding sign for a

group dwelling development

or an apartment building not

located in a group dwelling

development

1 per street

frontage

32 sq. ft./9 ft.


6. Wall sign for an apartment

building 1 per

building

6 sq. ft./5 ft. in

height May be illuminated

7. Temporary Civic or

Governmental organization.

No fee for permit. 2 per street

frontage

32 sq. ft./9 ft.

in height

Temporary sign permit shall be

issued in 15 day increments;

however a temporary sign shall not

be displayed for more than 60 days

per calendar year per business.

18


Column A B. C. D.


Districts

Maximum

number of

signs

Size

Permitted;

Not to exceed


8. Temporary portable,

banners, festoons, and

pennants advertising

products or services sold on

the premises upon which

said sign is located. Non-

conforming or conditionally

permitted uses only.

1 per

business

32 sq. ft./9 ft.

in height Temporary sign permit shall be

issued in 15 day increments;

however a temporary sign shall not

be displayed for more than 60 days

per calendar year per business.

9. Temporary Hot/Cold Air

Balloons. Non-conforming

or conditionally permitted

uses only

1 per

business N/A

10. Temporary Contractor

identification or Coming

soon sign (under 6 sq. ft. no

permit required)

1 per street

frontage

32 sq. ft./9 ft.

in height

May be erected 60 days prior to

beginning of construction and

removed within 7 days following

completion of construction.

11. New Business

Announcement Sign.

Conditionally permitted uses

only.

1 per street

frontage

32 sq. ft./9 ft.

in height


opening of business and removed

within 7 days after opening of

business

12. Temporary Going Out of

Business sign. Non-

conforming or conditionally

permitted uses only.

2 per street

frontage

32 sq. ft./9 ft.

in height

May not be displayed for more than

6 months. No fee for permit.

13. Temporary Grand Opening

sign. Non-conforming or

conditionally permitted uses

only.

2 per street

frontage

32 sq. ft./9 ft.

in height

May be erected 7 days prior to grand

opening event and removed within 7

days after event.

14. Temporary Parade of

Homes Sign

1 per main

entrance into

development

32 sq. ft./9 ft.

in height


event and removed within7 days

after event.

15. Temporary Community

Fair/Festival or non-profit

charitable benefit sign,

State college/school

N/A 100 sq. ft./10

ft. in height

May be displayed for 30 days. Ex.

Cancer benefit/community

festival/craft show. No fee for

permit.

16. Temporary Real Estate

Signs (no permit required) 1 per street

frontage

32 sq. ft./9 ft.

in height

Removed within 7 days of sale,

rental or lease.

17. Temporary Auction signs

(no permit required) 1 per street

frontage

32 sq. ft./9 ft.

in height

May be displayed 30 days prior to

auction and removed 3 days after

auction.

19


Column A B. C. D.


Districts

Maximum

number of

signs

Size

Permitted;

Not to exceed


18. Temporary Festoon,

Balloons and Pennants (no

permit required)

N/A N/A Shall not contain advertising

19.Temporary Employment

Signs, Non-conforming and

conditionally permitted uses

only.(no permit required)

1 per street

frontage

32 sq. ft./9 ft.

in height

Shall contain employment

information only.

20. Temporary Personalized

announcement sign (no

permit required) 1

32 sq. ft. /9 ft.

in height

Birthday, Graduation, Birth

Announcement, Congratulations,

Welcome Home. Not to exceed 7

days.

21. Temporary Political signs

(no permit required) N/A N/A


election and removed within 7 days

after election. N/A

REASON: To put a height limitation on unlighted identification signs and to correspond with other

changes in Schedule numbers for table. Cannot regulate Political signs. Separate on and off premises

signage

Ms. Poindexter stated that currently there is no maximum height for the unlighted identification signage

so we are putting in a limitation. There is no change on page 18 however it was put in just because the

whole table is listed. Ms. Poindexter stated under #21 the board previously removed the number and

size specification for political signs and are now removing the time period and changing it to N/A under

requirements and comments for political signs because we cannot control political signage.


20

Make new schedule for off premises signs only and label as Schedule 502.3

Schedule 502.3 OFF PREMISES SIGNS PERMITTED IN RESIDENTIAL DISTRICTS

Column A B. C. D.

Signs Permitted in

Residential Districts

Maximum

number of signs

Size

Permitted;

Not to

exceed


1. Temporary Civic or

Governmental

organization sign

10 6 sq ft./5 ft.

in height

Temporary sign permit shall be issued in

15 day increments; however, a temporary

sign shall not be displayed for more than

60 days per calendar year per business.

2. Temporary Parade of

Homes Sign

5 6 sq. ft./5

ft. in height

May be displayed for 15 days per event

(permit fee per event)

3. Temporary Community

Fair/Festival or non-

profit charitable benefit

sign, State College or

school event sign

10 6 sq. ft./5

ft. in height


Cancer benefit/community festival/craft

show. No fee for permit.

4. Temporary real estate

sign

2 per property for

sale

3 sq. ft./4

ft. in height

Advertise for a period not to exceed 48

hours.

5. Temporary Auction

sign

2 per auction 6 sq. ft./5

ft. in height


auction and removed 3 days after auction

6. Political Signs N/A N/A N/A

REASON: Only change is separating the table from on premises and off premises signs and renumbering

Schedule to correspond.

Ms. Poindexter stated that there no change in the signage requirements. The tables are being separated

for clarification purposes.


22. SECTION 502.4 SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL DISTRICTS WITH A PERMIT-FREESTANDING “AND DECORATIVE WALL SIGNS”

Freestanding or decorative wall signs shall be permitted in commercial and industrial districts in

conjunction with a building or use on the property in accordance with the following:

A. Change to “One freestanding sign per street frontage is permitted per lot or parcel. (See Section 502.4(B) for decorative wall signs) Or, in lieu of one freestanding sign per street frontage per lot or parcel, one decorative wall may be placed on each side of one entrance drive per street frontage and signage may be placed on both walls provided the walls do not exceed 5 ft. in height, the signage does not protrude above the wall height, and the signage does not exceed the maximum allowed square footage. The permitted square footage of freestanding sign(s) for a lot or parcel shall be determined by multiplying one (1) sq. ft. by the lineal street frontage of the property upon which the sign will be located provided the total area of all freestanding sign(s) shall not exceed the maximum area set forth in Schedule 502.4. For the purpose of this section, the area of freestanding signs that are regulated in Schedule 502.1 and 502.2 502.5 shall not be included in this maximum area. The sign area that is located on a particular street shall not exceed the area permitted for such sign.”

Example for B-3 District– Property primary street frontage is 100 ft. and the secondary street frontage is 50

ft. The total permitted square footage of freestanding signage located on the primary street is 100 ft. and

21

the total permitted sq. ft. of freestanding signage for the secondary street is 50 sq. ft. for a total of 150 sq.

ft. of signage.

REASON: To separate freestanding and decorative wall signage requirements for better clarification.

Delete entirely paragraph B B. The permitted square footage of freestanding signs for a lot shall be determined by multiplying

one (1) sq. ft. by the lineal street frontage of the property upon which the sign will be located

provided the total area of freestanding sign(s) per street frontage shall not exceed the maximum

area set forth in Schedule 502.4. For the purpose of this section, the area of freestanding signs

that are regulated in Schedule 502.1 and 502.2 shall not be included in this maximum area. The

sign area that is located on a particular street shall not exceed the area permitted for such sign.

Example – Property frontage is 100 ft. and the secondary street is 50 ft. Total permitted sq. ft. of

freestanding signage is 150 sq. ft. or maximum permitted per district, whichever is less.

REASON: This is now addressed in “A”

Change paragraph “C” to “B” and change other paragraph letters to correspond.

B. C. In lieu of one freestanding sign per lot or parcel, one decorative wall may be placed on each

side of one entrance drive along a street frontage and signage may be placed on both walls

provided the wall(s) do not exceed 5 ft. in height and the signage does not protrude above the

wall(s) height. The permitted square footage of signage per decorative wall for a lot or parcel

shall be determined by multiplying one (1) sq. ft. by the lineal street frontage of the property

upon which the sign is located provided the total square footage of decorative wall sign(s) shall

not exceed the maximum area set forth in Schedule 502.4. Electronic message boards are

prohibited as a decorative wall sign.

Example of decorative wall sign for B-2 District: Street frontage is 50 ft. Each wall is permitted to have

50 sq. ft. of wall signage. If the street frontage in a B-2 district is 130 ft. each wall would be permitted 60

sq. ft. of signage due to the maximum permitted square footage in the B-2 district is 120 sq. ft.

REASON: To Separate Freestanding and Decorative wall signage requirements for better

clarification.

Ms. Poindexter stated freestanding and decorative wall signage requirements are being separated for

better clarification.


50

ft.

str

eet

Fro

nta

ge

100 ft. Street Frontage 5

0 s

q. f

t o

r

less

. sig

n

100 Sq. ft. or

less sign

Jackson Township Jackson Township

5 ft.

22

Item “G” is now “F” change to “In addition to a freestanding sign or decorative wall sign, a freeways sign may be permitted in the B-3 and I-1 districts at a maximum height of 50 ft. provided the entire property in which the sign is located is within 750 ft. of I-77.and the total signage on the property, including any freestanding or decorative wall signs, does not exceed the maximum permitted square footage for such district.”

REASON: To clarify that decorative wall signs are included when calculating permitted square

footage of a freeway sign.

Ms. Poindexter stated that his is to clarify that decorative wall signage along with any other freestanding sign square footage is calculated when determining the permitted square footage of a freeway sign.

Approved- The board approved the change as submitted.

Section 502.5 will now be “Other freestanding signs permitted in commercial and industrial

districts with a permit.” The following types of signs shall require a permit and shall not be

considered in determining the allowable number or size of signs on a lot. Provided, however, that

they must comply with all other applicable sections of these regulations. The following signs shall

be located a minimum of 5 ft. from any road right-of-way.

Schedule 502.5

Other freestanding signs permitted in commercial and industrial district

Column A B. C.

Type of Sign Permitted in

Any District

Size Permitted: Not to exceed Limitations and Comments

3. Menu Boards for drive-

thru facilities

80 sq. ft., 8 ft. in height

maximum

Limited to businesses with

drive-thru facilities

4. Directional Signs 6 sq. ft., 3 ft, in height

maximum

Freestanding only. One per

drive entrance.

5. Incidental/Instructional

signs 4 sq. ft./4 ft. in height

4 per business-no fee for

permit

REASON: This was moved from section 502.2 in the residential sign sections because it should be with the commercial sign section for clarification purposes. (Originally Section 502.2 and labeled as signs

regulated and requiring a permit) Items highlighted in orange are the only changes in the section.

Ms. Poindexter stated that currently there is no limitation for incidental/instructional signs so we are limiting them to 4 per business.


23. SCHEDULE 502.5 MAXIMUM AREA OF WALL SIGNS-Now become Section 502.6

Add footnote (c) to #9 Incidental signs and to footnote section – “No fee for permit.”

REASON: This is an incidental sign in which there is no fee required for incidental signs; however, a

permit is issued to keep track signage being displayed.

Ms. Poindexter stated this is for clarification purposes in the footnote area.


23

24. SECTION 502.6 is renumbered to 502.7, 502.7 renumbered to 502.8, 502.8 renumber to 502.9 and

502.9 renumber to 502.10.

REASON: Consistency throughout regulations.

Ms. Poindexter stated this is due to section numbers changing.


25. SECTION 504.1 Temporary signs in Commercial and Industrial Districts

Change (A) to “A permit shall be obtained prior to the erection of such sign, unless otherwise

stated in Schedule 504.1, 504.2, 504.3 or 504.4.”

REASON: Schedule numbers have changed due to addition of schedules to separate temporary

signage types.

Ms. Poindexter stated this is due to the tables being separated so more sections are addressed.


Change (B) to “All temporary signage shall be located on premises unless otherwise stated in

Schedule 504.1 504.4.”

REASON: Schedule numbers have changed due to addition of schedules to separate temporary

signage types. Only schedule 504.4 permits off premises temporary signage.

Ms. Poindexter stated the word temporary is being added because it refers to temporary signage

and the section number has changed.


Delete K “In addition to the permitted temporary signs allowed for a maximum of 60 days within

a calendar year with a permit, three additional temporary sign permits for 15 days each may be

issued between November 17th and December 31st upon paying the temporary sign permit fee to

help businesses during the holiday season.”

REASON: This is addressed under Schedule 504.2 to be compatible with the changed tables.

Ms. Poindexter stated this is due to being addressed per the other changes.


26. Add SECTION 504.2 ON PREMISES TEMPORARY SIGNS IN COMMERCIAL/INDUSTRIAL DISTRICTS.

One temporary sign per business per schedule 504.1 may be displayed at any one time with a

temporary sign permit. Temporary sign permits shall be issued in 15 day increments. A

maximum of four permits may be issued between January 1st and November 16th. An additional

three permits for 15 days each may be issued between the November 17th and December 31st to

help business during the holiday season. Temporary signs that are located on a building shall not

be placed on the roof of any building, except those signs which appear to be a continuation of

the face of the building or a mansard roof, so long as the sign does not extend above the upper

edge of the mansard roof line.

24

Schedule 504.2 On premises temporary signs in Commercial and Industrial Districts

A.

B. C.

Type of Temporary sign Maximum number of

signs

Maximum Size per Sign

1. Temporary, portable,

parking lot pole signs, banners,

festoon and pennants advertising

a commercial message, or

products or services sold on the

property.

1 per business per

permit

40 sq. ft./10 ft. in height

2. Hot/Cold Air Balloons N/A

REASON: Schedules were separated into 504.2, 504.3, & 504.4 only for identification purposes.

Most requirements for the different types of signage did not change, except for those highlighted

in orange

Ms. Poindexter stated that it was originally thought that the maximum height should be raised to

12 ft. to accommodate the parking lot signs.

Mr. Clark stated that the sign wouldn’t be any bigger, it just that it could be higher.

Ms. Poindexter stated yes. It would be higher because it is on a light pole.

Mr. Benner stated that he would rather leave the height at 10 ft. due to the fact if the maximum

height was 12 ft. then any temporary type of sign under this category could be at 12 ft.

Ms. Poindexter stated that is a good point and asked if the board wanted to leave it at 10 ft.

Mr. Benner stated yes, unless they wanted to separate out the parking lot pole signs.

Ms. Poindexter stated that she thought it would be better to just leave the height at 10 ft.

The board agreed.

Approved-The board agreed to the change as submitted to add parking lot signs and leaving the

maximum height at 10 ft.

25

27. Add SECTION 504.3 OTHER ON PREMISES TEMPORARY SIGNS IN COMMERCIAL AND

INDUSTRIAL DISTRICTS

In addition to temporary signs per Schedule 504.2, other temporary signs may be located in a

commercial and industrial district per schedule 504.3. Temporary signs that are located on a

building shall not be placed on the roof of any building, except those signs which appear to be a

continuation of the face of the building or a mansard roof, so long as the sign does not extend

above the upper edge of the mansard roof line.

Schedule 504.3 Other on premises temporary signs permitted in commercial and industrial districts.

A. B. C. D.

Type of Temporary sign Maximum

number of

signs

Maximum

Size per Sign

Requirement and Comments

1. Grand opening sign 1 per street

frontage

40 sq. ft./10 ft.

in height

May be erected for a period not to

exceed 15 days.

2. Going out of business

sign ( no fee for permit)

2 per street

frontage

40 sq. ft./10 ft.

in height

May be displayed for a period of 6

months.

3. Contractor

Identification

Sign/Coming Soon sign

1 per street

frontage

100 sq. ft./10

ft. in height


beginning construction or opening of

business and removed within 7 days

following completion of construction or

opening of business.

4. Real Estate signs (no

permit required if 16 sq.

ft. or less)

1 per street

frontage

40 sq .ft./10 ft.

in height

Removed within 7 days of sale, rental

or lease

5. Auction signs

(no permit required)

1 per street

frontage

40 sq. ft./10 ft.

in height


auction and removed with 3 days of

auction.

6. Community Fair &

Festival or non-profit

charitable & Civic sign.

Public College or

school event sign.

(no fee for permit.)

N/A

2 per

street

frontage

100 sq. ft./10

ft. in height


Cancer Benefit, Twp. Festival/Craft

Show.

7. Festoons, Balloons, and

Pennants (no permit

required)

N/A N/A Shall not contain advertising

8. Employment Signs


1 per street

frontage

40 sq. ft./10 ft.

in height

Shall contain employment information

only

9. Flag Banner (no permit

required)

2 12 Sq. ft./12

ft. in height

May contain logo but no advertising of

products or services


REASON: Schedules were separated into 504.2, 504.3, & 504.4 only for identification purposes. Most

requirements for the different types of signage did not change, except for those highlighted in orange.

Ms. Poindexter stated, again, this is changing the table to separate out the types of signage. There was

no limited under #6 so a 2 per street frontage limit is being added.


26

28. Add SECTION 504.4 TEMPORARY OFF PREMISES SIGNS IN COMMERCIAL AND INDUSTRIAL

DISTRICTS.

Off premises temporary signs per Schedule 504.4 may be permitted in a commercial and

industrial district with written permission from the property owner in which the sign will be

located. At no time shall temporary signs be located in the road right of way. Temporary signs

that are located on a building shall not be placed on the roof of any building, except those signs

which appear to be a continuation of the face of the building or a mansard roof, so long as the

sign does not extend above the upper edge of the mansard roof line.

Schedule 504.4 Temporary off-premises signs in a Commercial and Industrial District.

A. B. C. D.

Type of Temporary sign Maximum number

of signs

Maximum Size per Sign Requirement and

Comments

1. Parade of Homes Sign

(permit fee per event)

5 3 sq. ft. /4 ft. in height

May be displayed for 30

days prior to event

and removed within 3

days after event

2. Community Fair &

Festival or non-profit

charitable & Civic sign.

Public College or school

event sign.

(No fee for permit)

10 40 sq. ft./10 ft. in height


4. Real Estate signs


2 per property for

sale

3 Sq. ft./ 4 ft. in height Removed within 7 days

of sale, rental or lease

5. Auction signs


2 per auction 16 sq. ft./9 ft. in height May be displayed 30

days prior to auction

and removed within 3

days after auction.

REASON: Schedules were separated into 504.2, 504.3, & 504.4 only for identification purposes.

Most requirements for the different types of signage did not change, except for those highlighted

in orange

Ms. Poindexter stated this is the same as before but for signs in commercial districts. Again,

political signs are not being regulated for time period.


29. SECTION 601.7 DESIGN AND CONSTRUCTION REQUIREMENTS

Change (c) Parking Area Design and Construction #1 to “Such parking areas shall be of usable

shape and are encouraged to be constructed of pervious or semi-pervious pavement; however,

may be constructed with improved with gravel, concrete or equivalent surfacing, unless otherwise

specified, and so graded and drained as to dispose of all surface water accumulation within the

area, in accordance with the Subdivision Regulations.”

REASON: To encourage parking lots to be developed with pervious pavement for stormwater

control.

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Ms. Poindexter stated with all the EPA regulations and water quality we are encouraging people to

use best water practices therefore we want to encourage people to use previous or semi-pervious

pavement.

Approved-The board approved as submitted.

30. Section 802.6 EFFECTIVE DATE AND TERMINATION

Add to paragraph #2 - “A conditional use permit shall be issued prior to the issuance of a zoning

certificate for a conditionally permitted use. A conditional use permit must be obtained within one

year from the date of approval by the Board of Zoning Appeals or the approval will shall become

null and void and no permit shall thereafter be issued. “Land use per the conditional use permit

must commence within one year of the issuance of the conditional use permit or the permit shall

become null and void and no land use per the conditional use permit shall commence.”

REASON: To clarify if a conditional use permit is granted by the BZA, the land use per the approved

conditional use permit must commence within one year of the issuance of CUP. This is to prevent a

CUP from being issued and then a project is not commenced until several years later after the

issuance of the conditional use permit.

Ms. Poindexter stated that this is to prevent someone from obtaining a conditional use permit for a

land use which may or may not have a building. They may get approved to sell mulch on a piece of

property but maybe not put it to use for several years. This is to verify that they must commence

the use within one year of the issuance of the conditional use permit or it will be void and they

would have to go back to the board.

Ms. Conaway stated that she liked this.


31) Section 201.2 Definitions

Add to definition #64 Freestanding wind energy conversion system (WECS):

Nacelle: The enclosure located at the top of a wind turbine tower that houses the gearbox, generator

and other equipment

Power Center: Serves as the central connection point for the electrical components in the system and

provides a number of necessary control functions.

Rotor: The rotating part of the turbine, including the blades.

Tower: The support structure, including guyed, monopole and lattice types, upon which a wind

turbine or other mechanical device is mounted.

Tower Height: The height of the tower, measured from the natural grade surrounding the support pad

to the tip of the blade in a vertical position along the vertical axis of the tower.

Wind Turbine: A device that converts kinetic wind energy into rational energy that drives an electrical

generator. A wind turbine typically consists of a tower, nacelle body, power center and rotor with

two or more blades.

REASON: Verify the definition of items regarding wind conversion systems.

Ms. Poindexter stated that this section is adding definitions that refer to wind energy towers.


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Add to definition #148 Small Structure Mounted Wind Energy conversion system (WECS):

Nacelle: The enclosure located at the top of a wind turbine tower that houses the gearbox, generator

and other equipment

Power Center: Serves as the central connection point for the electrical components in the system and

provides a number of necessary control functions.

Rotor: The rotating part of the turbine, including the blades.

Tower: The support structure, including guyed, monopole and lattice types, upon which a wind

turbine or other mechanical device is mounted.

Tower Height: The height of the tower, measured from the natural grade surrounding the support pad

to the tip of the blade in a vertical position along the vertical axis of the tower.

Wind Turbine: A device that converts kinetic wind energy into rational energy that drives an electrical

generator. A wind turbine typically consists of a tower, nacelle body, power center and rotor with

two or more blades.

REASON: Verify the definition of items regarding small structure wind conversion systems.

Ms. Poindexter stated that this the same for the freestanding wind mills. Same definitions just listed

under the small structure mounted ones.


32) Section 401.12 Supplemental accessory use regulations

401.12K(5) – Change to “Minimum setback from all property lines, structures and above ground utility

lines shall be 125 ft. the height of the tower, measured from the natural grade to the tip of the blade

in a vertical position, plus 25 ft.”

REASON: If a tower is only 50 ft. the required setback would be 75 ft. therefore if it were to fall it would

still have enough setback not to encroach on the property line, other structures or above ground utility

lines.

Ms. Poindexter stated that current regulations say 125 from property lines, etc. Under the proposal if

someone puts in a 50 ft. in height windmill they will only have to be 75 ft. from the property lines, etc

because if it falls it will not encroach on others property because the setback is 25 ft. more than the

height. This way it allows some leeway for smaller windmills.


Mr. Sandrock asked if there is anything on the noise issue for windmills.

Ms. Poindexter stated that she believes there is something in the current regulations.

Mr. Benner stated that he doesn’t think they are very loud. The may have a hum to them but they are

not that loud.

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33) Section 411.11 Supplemental Accessory Use Regulations

411.11G(5) – change to “Minimum setback from all property lines, structures and above ground utility

lines shall be 150 ft. the height of the tower, measured from the natural grade to the tip of the blade

in a vertical position, plus 25 ft.”

Ms. Poindexter stated that this is the same number 32 but it is addressing commercial districts.


34) Schedule 411.10

Minimum Yard Requirements and Height for Accessory Buildings, Structures or Uses

(in feet)


Accessory building,

use or structure

Yard in

which use

or

building

permitted

Minimum distance from structure to: Maximum

Height of

Structures Rear

Lot

Line

Side

Lot

Line

Street

R-O-W

Line

From

Principal

Building 9. Outdoor display

for Arts & Crafts

festivals/sales and

Arts & Cultural

outdoor decorative

display (a)

Front, Side

and Rear 5 ft. 5 ft. 25 10 ft. N/A

10 ft.

(outdoor

display

items)

Notes to Schedule 411.10:

(a) Also see Section 411.11 of these regulations

(b) All buildings with a ground floor area of 200 or more square feet shall be considered principal

buildings and shall comply with all regulations for principal buildings.

(c) Permits are not required.

(d) 50 ft. when abutting a residential district

(e) 8 ft. when abutting a street or access drive

REASON: To add arts & cultural outdoor decorative display and to clarify setback and height

requirement for outdoor decorative art displays.

Ms. Poindexter stated that this section refers to adding arts & cultural outdoor decorative display. This

is to address the displaying of art work from artist where if an artist wants to put their art work on a

piece of property they can do it but this gives us a guide to go by and setback requirements.


35) Section 411.11 Supplemental Accessory use regulations

Add item “J”

J. Arts and Cultural outdoor decorative display

Artwork may be displayed on a property as part of the decorative landscaping. One plaque one

(1) square foot or less displaying the name and sponsor of the artwork may be placed on or

abutting the decorative artwork.

30

REASON: to clarify setback requirements for outdoor decorative art and cultural displays and that a

plaque is permitted to display the artist name and sponsor.

Ms. Poindexter this allows a plaque to be displayed with the artist name and sponsor and give the

maximum size requirement.


36) Section 401.14 Parking of Certain Vehicles

Change “D” to “The parking only of one (1) commercial vehicle in connection with the residential use of

the property within any residential district shall be permitted provided said vehicle does not exceed

9,000 lbs. GVW (gross vehicle weight) and the maximum height of the vehicle body does not exceed 7

ft. in height and is currently used by the occupant of the dwelling as transportation to or from work.

The parking and storage of excavating equipment in any residential district is prohibited.

REASON: It is difficult for the zoning department to enforce the restriction “currently used by the

occupant of the dwelling as transportation to or from work” because we have no way of knowing if the

vehicle is being driven for work purposes. A height limitation is enforceable and prevents large “box

type” vehicles that may meet the weight restriction from being parked in a residential district.

Ms. Poindexter stated that this is something that is hard to regulate. It says that a commercial truck

9,000 lbs or less can be parked on a residential property as long as it is being driven to and from work

but we would have a hard time proving if someone is or is not driving the vehicle to or from work. This

is currently an issue and it is hard to enforce. If we add the maximum height of the vehicle body does

not exceed 7 ft., we can enforce it because you can measure it to know if it meets the regulations. So if

we change the regulations it will prevent something such as a box truck from being parked in a

residential district although it is less than 9,000 lbs. By making it 7 ft. it would allow for a pickup truck.

Ms. Conaway asked how high a box truck is.

Ms. Poindexter stated that she didn’t know but thinks it is more than 7 ft. because she has a 7 ft. garage

door and her husband’s pickup truck just fits in it and a box truck is usually higher that a pickup truck.


37) Section 502.3 Schedule of signs permitted in residential districts with a permit.

Add letter “M”- “Electronic message boards shall not exceed fifty (50%) percent of the permitted

square footage of the sign.”

REASON: To address what square footage is permitted for electronic message boards in a residential

districts for non-conforming, conditionally permitted and certain permitted uses, such as schools.

Ms. Poindexter stated that currently electronic message boards are not addressed for conditionally

permitted or non-conforming uses in a residential district. The maximum square footage permitted in

residential districts for these types of signs is 50 sq. ft. so by limiting it to 50% of the permitted square

footage they would only be able to have a maximum of 25 sq. ft. that is the electronic message board.

31

This is consistent with what is permitted for electronic message boards in commercial districts but in

commercial district signage is permitted to be a lot larger.

Mr. Benner stated that he doesn’t know that he would want electronic signs in residential districts.

Ms. Poindexter stated that there is already this type of signage in residential districts. Churches,

schools, etc. have them.

Ms. Poindexter stated that the board could consider making the percentage smaller. One thing the

electronic message board does is it cuts down the temporary signs in the township.

Ms. Conaway stated that she would like to see it a little smaller.

Mr. Benner stated the 50 sq. ft. is 5 by 10 that is bigger than a truck.

Ms. Poindexter stated but they are only allowed 50% of that so they would only be allowed 25 sq. ft. of

electronic message board.

Mr. Benner stated that he thought it was 100.

Ms. Poindexter stated no. The maximum square footage of the sign is 50 sq. ft. with 50% being

electronic message board.

Mr. Benner stated that he is just opposed to the whole signage thing all the way around.

Mr. Benner stated that the car wash has an electronic message board but it is commercial.

Mr. Conley stated if someone has an existing 25 sq. ft. sign then they are being penalized because the

message board can only be 12 sq. ft.

Ms. Poindexter clarified that the maximum signage permitted in the residential district is 50 sq. ft. so the

maximum size of an electronic message board is 25 sq. ft. It doesn’t go by what you put up it goes by

what is permitted.

Mr. Conley stated that he now understands so he doesn’t have a problem with the 50%.


38) Schedule 504.1 On-premises temporary signs permitted in Commercial/Industrial District,

which is now Schedule 504.3 Other on-premises temporary signs permitted in commercial and

industrial districts.

Add #11-Now Open Sign-Maximum number of signs- 1 per street frontage-Maximum sign size- 40 sq.

ft./10 ft. in height, Requirements and comments-may be erected for 30 days after the opening of

business.

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Add #12 –Moving of business Sign-maximum number of signs-1 per street frontage-Maximum sign

size- 40 sq. ft./10 ft. in height, Requirements and comments-may be erected for a period of 30 days

after the business has moved.

REASON: To clarify the requirements for these types of signage.

Ms. Poindexter stated that currently these types of signs are not addressed so they are being added for

clarification purposes.


39) Section 302.10 Stormwater, Erosion, and Sediment Control

Soil disturbing activities are subject to all applicable requirements of the Stark County Erosion

and Sediment Water Quality Control Regulations, as administered by the Stark Soil and Water

Conservation District (SWCD). Where applicable, a National Pollution Discharge Elimination System

(NPDES) permit shall be obtained prior to commencing soil disturbing activity.

REASON: The name of the regulations for Stark Soil and Water has changed.

Ms. Poindexter stated that the name has changed so this is to be consistent.

Approved-The board approve the change as submitted.

Mr. John Weber, 3405 Lindbergh stated that he lives in an old district. The older people in the district

put up fences clear out the street when they were allow with some being 7 ft. in height. Two years ago

he came to get a variance and they wouldn’t let him do it and was told it had to be four foot. He had a

realtor evaluate his house and property. The first thing she said when she looked at the fence that was

next to him at 7 ft. was “is there a problem sir.” I said no. That was regulated before. She said that

limits him to people who would want to come and see his house. He would like to suggest that the

older district, where people do have 6 and 7 ft. fences, if they want on to keep up with the uniformity of

the area that they would be allowed.

Mr. Weber stated that this is just something the board should think about for the older sections of the

township.

Ms. Poindexter explained to the board that Mr. Weber applied for a variance to allow a higher fence in

the front yard and was denied by the board based on the fact that there was no practical difficulty or

hardship with the land itself. Mr. Weber’s neighbor has a fence higher than 4 ft. and Mr. Weber wanted

one on the other side of his property to match.

Ms. Poindexter stated that the board previously discussed if they wanted to allow fencing higher in the

front yard area along the side property line. It was determined at that time that the board did not want

to allow high fences in the front yard area that came up to the street.

Mr. Weber stated that he thinks the 4 ft. should be kept but in the older districts they should be allowed

to be higher.

33

Ms. Poindexter stated that the board cannot make a regulation for certain areas just because it is an

older neighborhood. They regulations are per district.

Mr. Benner asked if the development has any deed restrictions.

Mr. Weber stated when the area was first built there was a restriction for no fence but once the

developer passed away the fences were built.

Mr. Weber stated that his realtor told him they could consider it a spite fence and he won’t get the full

value of his property when someone looks and sees the fence and his is only 4 ft.

Ms. Poindexter stated that she disagrees. Just because someone put up a fence doesn’t mean they have

a problem with their neighbor.

Mr. Benner asked where he wants the fence.

Ms. Poindexter explained what is considered the front yard area. It is the side property line but in the

front yard area.

Mr. Sandrock stated that if one side is high and then Mr. Weber builds a fence to balance it then the

other neighbor may want the same thing to balance it and it goes on and on.

Mr. Sandrock asked if they could include something in the zoning that says the BZA can consider

aesthetics in the neighborhood, etc. Could this be listed in the things to consider. If the BZA says it is

not a hardship on the property, can they expand the BZA to also say they can take into the consideration

other components such as aesthetics.

Ms. Poindexter stated that they can but according the ORC they are required to find a practical difficulty

or hardship with the land or the structures on the land in order to grant a variance. They have to find

something that is different from anyone else in the neighborhood that allows the variance.

Mr. Sandrock asked if she could ask Neal.

Ms. Poindexter stated that she knows the board has to find a practical difficulty or hardship because at

every hearing the board tells the applicant that they are required to find a practical difficulty or hardship

in order to grant the variance.

Mr. Sandrock stated that he understands that but thinks the zoning commission has some ability to

make recommendations to change the arrangement and power, etc.

Mr. Benner stated no not much of that. That is per the Ohio Revised Code.

Ms. Poindexter stated the only thing that could be done is to change the height requirement in the front

yard.

34

Mr. Weber stated that his other concern is the lawn companies that park on one street and drive their

mowers through the neighborhood to several street away.

Ms. Poindexter stated that if he is concerned about them driving on the road then he should contact the

police.

Mr. Weber stated that he contacted the police and they said there is no law against it.

Mr. Benner stated that he doesn’t know what the answer is.

Ms. Poindexter stated that Mr. Weber should speak to David Zink if he has a problem with someone

driving mowers on the streets.

Mr. Weber asked if there is a regulation regarding how long someone can park on the street.

Ms. Poindexter stated that she did not know but he should contact the police and they can tell him. If

there is an issued regarding wanting no parking signs he should speak to Ralph Boger.

There was no one else in the audience to speak.

Ms. Conaway made a motion to initiate the proposed text changes into an amendment.

Mr. Conley seconded the motion.

The vote was: Mr. Sandrock-yes, Mr. Clark-yes, Mr. Conley-yes, Ms. Conaway-yes, and Mr. Benner-yes.

Mr. Conley made a motion to adjourn and Mr. Conaway seconded the motion.

All was in favor.

Respectfully submitted.

Joni Poindexter

Zoning Inspector

jackson township zoning commission-work session … minutes 5-19-11.pdf · donna conaway james...

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