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Zoning Department: Zoning Commission Minutes - February 25, 2008
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ZONING COMMISSION MINUTES
CLAY TOWNSHIP
February 25, 2008

I.          OPENING OF MEETING 

Greg Buthker opened the meeting at 7:03 p.m. 

II.        ATTENDANCE 

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

Guests Present:

John Chambers, Richard Barksdale, Norm Kniess, Richard A. Miller, and Sharron Watt 

III.       APPROVAL OF MINUTES 

Gary Horstman moved to accept the October 22, 2007 minutes as read, second by Brad Limbert, roll call, all yes, MOTION CARRIED.  

IV.       NEW BUSINESS 

Bill Watt discussed officer nominations for 2008. Gary Horstman made a motion to retain the same officers from 2007 for the Zoning Commission for 2008. The officers would be, Greg Buthker, Chairman; Rob Hill, Vice-Chairman, and Sheila Bushong, Secretary.

Sheila Bushong seconded, roll call, all yes, MOTION CARRIED.  

V.                ADULT ENTERTAINMENT

Attorney John Chambers began discussion on adult entertainment facilities and stated that the First Amendment protects adult entertainment businesses, and the State of Ohio has regulations on the books for townships that were being challenged as unconstitutional.

Mr. Chambers stated, in October of 2007, Senate Bill 16 went into effect and that bill provides a new set of definitions that affect adult entertainment facilities and one of the things we need to do is make Clay Township’s definitions follow those closely.

He stated, the day the new law went into effect, the adult entertainment industry lawyers filed suit in the Northern District of Ohio, Federal Court, and named as defendants, prosecutors of almost every county in the State of Ohio, including Matt Heck.

Mr. Chambers stated there is a motion for a preliminary injunction to stop the enforcement of the new law and should have an answer very soon.

He stated that in the meantime, we should move ahead with the definitional changes that reflect what’s in the state law, and the zoning aspect is not the main focus.

Mr. Chambers stated there are two ways to regulate adult entertainment, through zoning laws, and how the businesses are operated through business regulations, by licensing, regulating hours of operation, etc.

He stated the board needs discussion on where these adult entertainment clubs are going to be invited to be located. He stated that it is necessary to allow adult entertainment to be permitted to be located in a community, and the township must provide them with working alternatives for locations, optimally about 5% of the area. These businesses cannot be treated as a conditional use, but must be treated as a permitted use in the I-1 district, with a set of regulations in Section 49 that would apply to adult entertainment facilities. He stated that he was going to deliver a compact disk, for the townships review, that will contain information on different studies on adult entertainment. He stated the reason the courts allow townships to have a special set of rules for these facilities because they recognize they can have an adverse secondary effect on the surrounding location.

Mr. Chambers stated in his opinion the I-1 district provides sufficient opportunity for adult entertainment locations that will meet constitutional standards.

Bill Watt reviewed, on a map, the I-1 land north of Westbrook Road, and there was board discussion on locations. Mr. Watt stated, the Zoning Commission Board needs to create the case number that would include the changes that relate to adult entertainment in Article 23 and 49.

Greg Buthker made a motion to create case number Z-01-08 concerning adult entertainment, to amend Article 23 and Article 49, seconded by Rob Hill.

Roll call, all yes, MOTION CARRIED. 

VI.             JEDD UPDATE 

            Bill Watt began discussion on the JEDD and stated that one of the JEDD board members was present, Norm Kniess. Mr. Kniess thanked the Zoning Commission for their assistance, and stated that by forming the JEDD, they are creating a revenue stream for the township and make the township more likely to obtain approval for grant money for  future business development efforts.   

VII.     END OF MEETING  

 ___________________________________         ______________________________________            

        Greg Buthker, Chairperson                                  Sheila Bushong, Secretary