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Zoning Department: Zoning Commission Minutes - January 27, 2007

 

ZONING COMMISSION MINUTES
CLAY TOWNSHIP
January 22, 2007

I.          OPENING OF MEETING 

Greg  Buthker opened the meeting at 7:00 p.m. 

II.        ATTENDANCE 

Members Present: Sheila Bushong, Gary Horstman, Greg Buthker, Tom Walker, Brad Limbert and Bill Watt, Zoning Administrator. 

Guests Present:

Rich Barksdale, Sharon Watt 

III.       APPROVAL OF MINUTES 

Brad Limbert moved to accept the November 27, 2006 minutes as read, second by Gary Horstman, roll call, all yes, MOTION CARRIED.  

IV.       ELECTIONS 

Bill Watt introduced new business concerning the 2007 Zoning Commission election. After discussion, Gary Horstman moved to keep all members the same as in 2006. Brad Limbert seconded the motion, roll call, all yes,  MOTION CARRIED.

The Chairman will be Greg Buthker; Co-chairman, Brad Limbert; and Secretary, Sheila Bushong. 

V.                 NEW BUSINESS

Bill Watt introduced Attorney John Chambers for an overview of Clay Townships Adult Entertainment article, and opened discussion.

Attorney Chambers stated that our current regulation is not constitutionally enforceable.

Greg Buthker asked for a reason why. Attorney Chambers replied that the courts understand that nobody wants to have a Sexually Oriented Business in their jurisdiction, but the courts have determined that the provision of the Sexually Oriented Business is a free speech right guaranteed by the First Amendment of the Constitution. The opinion of the courts is saying, we know you don’t want this, it is an unpopular use, but a jurisdiction has to choose sites in advance, and have reasonable alternative avenue of expression.

The courts have said you have to regulate these businesses before they apply for a site in your jurisdiction. The key is choosing the location that fits enough criteria, which will force the SOBs to locate in that area only. 

Sheila Bushong questioned how large the area has to be. Attorney Chambers answered, the classic answer is 5%, and the Supreme Court has approved that amount. There are cases that have allowed as little as 1%; some cases have allowed one available spot for every 4000 residents.

Bill Watt went over the development district, and stated the light industrial and multi-use areas for development have 80 or 90 acres zoned industrial and 250 acres for JEDD.

Gary Horstman questioned whether the Sexually Oriented Business can be limited to the industrial area of Jack’s Lane.  Attorney Chambers responded no.

Attorney Chambers stated that all restrictions should be looked at anew. The question should be; where do we want this area; how much of it do we have to have; and then we’ll write the regulations.

Attorney Chambers stated that he normally recommends to communities that they prohibit Sexually Oriented Businesses from the Interstate area as much as possible, because that would identify the Sexually Oriented Business market with the community, as thousands of people drive by everyday.  He stated there is an adverse secondary effect when you allow any Sexually Oriented Business, and a blighted effect can take place around the area.  He stated that you want to choose where you want it, and how many feet you want it from areas like schools.

Attorney Chambers stated that assuming we go with the one industrial district, we would adjust with a caveat limitation, such as distance from houses, churches, etc.   Attorney Chambers stated that most of the current regulations are up to date, but literally every month, there are new court cases that tinker with the Sexually Oriented Business law.

Attorney Chambers stated that we will provide an opportunity for these businesses to come in here, if they really want to, but we can also restrict hours, etc., as a business regulation.

Bill Watt stated that there should be a case number established, ZC-01-07.  Gary Horstman moved to establish the number, seconded by Tom Walker, roll call, all yes, MOTION CARRIED unanimously.

VI.       JEDD UPDATE           

            Bill Watt stated not much as changed during the last 7 or 8 weeks concerning the JEDD; its slow going, but it is still moving along. 

XII.      END OF MEETING 

Brad Limbert moved to adjourn the meeting at 8:22 p.m., seconded by Greg Buthker, MOTION CARRIED unanimously. 

 ___________________________________         ______________________________________            

        Greg Buthker, Chairperson                                  Sheila Bushong, Secretary