REGULAR MEETING OF THE EATON PLANNING
ZONING AND BUILDING BOARD ON APRIL 13, 2004
AT 7:30 P.M., IN COUNCIL CHAMBERS
The Eaton Planning, Zoning and Building Board met in regular session in Council Chambers on Tuesday April 13, 2004, at 7:30 p.m.
The roll was called and the following was found to be:
Present: Ron Coleman
Chris Atkins
Tim Lane
Harold Geeting
Steve Deffner
Gary Wagner
Tom Jordan
Also in attendance were City Manager Dave Daily, City Engineer Doug Spitler and Law Director Donnette Fisher.
MINUTES:
The minutes of the March 9, 2004 meeting were presented and approved as read.
Harold Geeting made a motion to approve the minutes and Ron Coleman seconded. The roll was called and passed as follows:
Ayes: Coleman, Atkins, Lane, Geeting, Deffner, Wagner, Jordan (7)
Nays: None
SWEARING IN:
All members of the audience anticipating to testify before the Board were asked to stand and be sworn in. The Secretary administered the oath or affirmation to the audience
Z-04-02 – Zoning Amendment – Public Hearing – Assignment of Permanent Zoning for Preble Crossing Lots.
Jordan: The first item on the agenda is the assignment of permanent zoning to public lots. Per Section 1137.04, where county-zoned land is annexed to the City, that land comes into the City zoned in the same zoning district as the city-zoned land that is adjacent. In this case, the land annexed is the residential strip along N. Barron Street. The annexation of this land became effective on March 3, and the land came into the City zoned C-1, as that is what the adjacent Wal-Mart tract is zoned, per Federal Court Order. Per Section 1137.04, Planning Board must recommend the appropriate permanent zoning districts to Council for areas that have been annexed to the City, with three months after the effective date of the annexation.
Jordan: I will now turn this over to Doug for staff review.
Spitler: That was staff review. I don’t have anything additional. Again, the annexation was effective March 3, 2004 and he read everything else that I had.
Jordan: Do any of the Board members have any questions or comments?
Wagner: I understand that this is just cleaning up our zoning map?
Fisher: There was an annexation filed for the plat on the right. We are required to assign permanent zoning to those tracts. We are also asking that the tract behind that. The Court ordered that we treat the zoning on the actual Wal Mart tract itself as C-1 and the tracts to the south of the Washington Jackson Extension are P-1. The Court never ordered us to change our zoning map. We are asking that as you assign permanent zoning to the annexed tracts that you go ahead and assign permanent zoning to the others so that we can get that changed on the zoning map.
Jordan: The one lot to the south of Washington Jackson Road, the first lot is C-3?
Fisher: Yes, that was done separately. The developer came in and he went through the process. That is where the Fifth Third Branch is going to be, on that corner. They came in and applied for C-3 on that lot with the buffer requirements, and that has already been changed on the zoning map.
Jordan: So all we have is south of Washington Jackson with the four P-1 lots.
Fisher: Any lot that I have written the zoning on, on that map, is the lots that we are asking for.
Jordan: Basically it is just permanent zoning.
Fisher: There is no other way for us to clean the map up, unless this is done to direct the building officials to change the map.
Jordan: Any other questions?
Atkins: I will make a motion, based on the Court Order that mandated that the lots be zoned P-1 and C-1 and the annexed lots must match. I make a motion that lots 3313, 3314, 3315, 3316 be zoned P-1 and lots 3317, 3307, 3308, Lot 9, 3309, 3310, 3311, 3317
and Out lot 201 to be zoned C-1. The motion was seconded by Gary Wagner and it passed as follows:
Ayes: Coleman, Atkins, Lane, Geeting, Deffner, Wagner, Jordan (7)
Nays: None
Jordan: This was tabled at the last meeting. If the Board members feel they would like to discuss it someone need to make a motion to un table this matter.
Wagner: I will make a motion to un table application Z-04-01.
Harold Geeting seconded the motion and it passed as follows:
Ayes: Coleman, Atkins, Lane, Geeting, Deffner, Wagner, Jordan (7)
Nays: None
Jordan: This matter is now open for public discussion. Mr. Hiles you have seen the submitted Home Occupation?
Hiles: Yes, Donnette was kind enough to transmit a copy to me last week and we have had a brief telephone conversation regarding it. She took the starting point that we discussed last meeting and done a significant amount of research and came up with the best. I don’t really have anything else. I think the spirit of what you have in front of you now as a proposed draft, clearly meets the spirit of what we were meaning at the last meeting. I had a couple of items and I discussed them with Donnette on the telephone and she assured me that the language of the proposal was sufficient to cover the questions that I had. As far as I am concerned it is a much better spot than what we were a month ago.
Jordan: That opens it up to staff and the board as to what there thoughts and concerns are.
Wagner: I read all the information and research to see what we could do here to correct the situation. I have no comments as to what is in the document. I think it is a good way to move to have an Occupation A and Occupation B so you can restrict some things that can or cannot take place in Occupation B. Occupation A is generic and I don’t see any problem with it. My one question would be, for an example, the request that was made out on West Main Street for the gun issue, would that fall under A or B?
Fisher: It would fall under B as he submitted the application. What I tried to do with these is, A is anything, Longaberger party, Avon sales, Pampered Chief and that situation of gun sales would fall under that because there is no parking, no sign, any kind of service. Uses that are that small and don’t have that intense of effect as far as parking and environmental concerns, deliveries, those I tried to fit under A. I did allow in A, thinking about it would be along the line for people doing accounting services, one small name plate sign. It would not be able to exceed 2 sq. feet, flat, flush to the building. You are not allowed, in A, to make any structural alterations to the home. You want to add another door to come in from the outside into your office. If you want to change your home you have to come in for a B permit. That is one thing that could have an effect on the neighborhood. If you want a sign bigger than a name plate sign, if you want a sign out in your yard, that is something that could have an effect on the neighborhood and would fall under B. The number of employees would be something. I tried to separate it out, A would be the things that wouldn’t have an effect on the neighbors and B would be those things that you look at that have a higher potential of having an impact on the community. I tried to set it up as those would be the kind of things that we would review. That is how I tried to balance it.
Deffner: Who makes the determination if it is Type A or Type B?
Fisher: Dave and I talked about this today and, staff would. If the neighbor calls in and complains Bob is going to go out and look at what use are they doing out there?
Deffner: So, that business would already be in place? I guess my thinking is, depending on what kind of business it would be, does that business have to make application or register with the City saying here is what I am planning on doing, or do I just set up my practice and no body knows what I am doing because I am adhering to the policy and everything is fine.
Fisher: Let’s talk about it because obviously everyone has that application for home occupation of gun sales in mind. The City is going to know when anybody is doing that because we are sent copies of their application and their permit from the Federal agency, so the City knows. Technically there is no difference between selling a gun and selling Avon. We cannot restrict that use because it is guns. One of the big things catching on now is the fun parties where lingerie and sex toys are sold. We can’t prevent those. The intensity of use is the same as Avon no matter what they are selling. I looked into it a little more after we had the hearing last month. Most of what is done with those firearms, as far as the sales, most of what the do is simply transfer. If Becky owned a handgun and she wants to sell it to me, she can’t sell it to me directly. She has to go through a Federal dealer, so background checks can be done. Mr. Hiles knows more about this that me. That is what they do is transfers.
Hiles: I am a firearm enthusiast myself, and if you are both in-state residents then there is no transfer.
Fisher: If I wanted to buy a gun from someone in Indiana?
Hiles: If I would buy a something from somebody in Indiana and they would ship it, it has to be shipped in a FFL.
Fisher: If I were to order a gun off of the internet they couldn’t ship it directly to my house? If it was from out of state.
Hiles: There is a separate classification called C&R, curio and relic collector, and in that instance that qualifies as a subordinate type of a license and in that instance it can be shipped direct as long as the firearm that you purchase meets the C&R status. As a general rule of thumb if I buy a brand new AR15 and I decide to sell it to a guy in Michigan, I have to ship it through FFL in Michigan.
Fisher: Yes, handguns, fun parties are going to fall under A. Unless you want to put a sign out front, then you will have to come in. If I am having retail sales come to my home and view what I have in my display case, be that I do that with pottery that I make, handguns that is going to fall under B. What you are looking is the effect these will have, what is the intensity of use.
Hiles: One of the discussions we had was are we creating a restriction based on party sales, if I am having a social party and the mention of a sale of a product comes up then it does not fall under that restriction.
Fisher: If you are having parties for the purpose of “selling merchandise” or taking orders, then you are limited to 4 a month. That is just a number I picked. I understand that a lot of people that do these parties go to other people’s home. If I go to Becky’s house for a party and she sells Mary Kay and we are having a dinner party and before I leave I say that I need to buy some blush, she hasn’t had a party just to sell merchandise. Now is she sends out invitations inviting me to a Mary Kay party that is different.
Hiles: That was one of my points as to how you restrict people from coming to your house and the distinction is, for the purpose of.
Coleman: The little lady who does seamstress work, is she going to have to get an A or is she a B?
Fisher: If she is just providing that service at home and she doesn’t want a sign, she doesn’t want a parking lot, she doesn’t have any employees, and she is an A.
Coleman: She will have to get an A permit?
Fisher: There is no A permit; only B requires a permit.
Jordan: If somebody is selling Avon, that is an A requirement, but once they put the sign in their front yard saying Avon Sold Here, than they have to go to the B because they are advertising that.
Fisher: Good example. A sign is something that can affect a neighborhood. I try to make the things that you have to come in and get a permit for fall under the B.
Coleman: I see you say lawnmower repair, is that going under a B?
Fisher: There are some things that I listed at the end that are not home occupations. It says Bed & Breakfast, the reason that is listed there is because you can still have a bed and breakfast as a conditional use, we are not going to call it a home occupation. There is a whole separate section in our code that deals with bed and breakfast. Lawn mower repair, we can adjust but I don’t think we should allow automobile service. If you want to allow lawnmower repair, that is up to the Board.
Coleman: That is what bothers me.
Fisher: I was thinking of noise wise.
Coleman: I can understand that. I can see some people that can fix lawnmowers, some can fix automobiles, and some can fix computers. So why would we let the guy who fixes computers get away with it?
Fisher: The computer you don’t have anything like oil to get rid of and that is the biggest reason you don’t want to allow vehicle repair and most lawnmowers have that also.
Jordan: I feel that lawnmower and trailer and boat repair, it is all a noise creation. What is the difference in hearing a lawnmower run for 10 minutes or a car running? They are both annoying in a residential district. The contaminant, you say take it to the dump, that is against EPA regulations. You have to recycle those fluids. That is where your conditional use comes in. You say you want to open up a lawnmower repair shop and you are honest, you have to come in and get a conditional use permit and then the neighbors are going to hear it right off the bat.
Fisher: Auto repair is still allowed as a conditional use we are just not going to allow it as a home occupation.
Jordan: You have more control over conditional use than home occupation.
Fisher: Just because it is listed in that list it doesn’t mean that you are completely prohibited from doing it, we are just not going to call them home occupation.
Hiles: That was my misunderstanding at first. The bed and breakfast thing completely red flagged in my mind. Of course we have a grandfather situation with the bed and breakfast in town. The last thing you want is the widow of a prominent attorney being upset because now she has owner’s requirements for her bed and breakfast. Once Donnette made the distinction clear with me that we are talking home occupation against conditional use it cleared up for me.
Fisher: It doesn’t mean that you can’t do those things as a conditional use, those things that are listed, it just means we aren’t going to call those home occupations.
Jordan: What about the renewal process on type b?
Fisher: This is just a draft. I put that the initial permit could be issued for the period of 1 year and renewed for 3-year periods thereafter. The reason I did that was, if someone is applying for a B, you may want to do the first one for a year so in a years time they come back in and you can ask how things are going. Have there been any complaints from the neighbors? It gives you some leeway so if one comes in and you are not sure, you can allow it for a year to see what it does. If it has a detrimental impact or is just not going well then you don’t renew it. I put in that after that we would review every 3 years and this can be changed. This could be three years or whatever.
Geeting: I would rather see it for 3 years than 5. Things can change before you get back and check.
Fisher: What I tried to do with the renewal process is, upon application for renewal, Bob will go out and inspect that premise and see if it conforms. Are they doing everything they are suppose to in the permit. He will then send the recommendation to you, the Board. If Bob says there are no problems and they are doing exactly what they are suppose to, then you can authorize him to administratively approve it. If Bob comes in and says there has been complaints and violations and he thinks you should look at it, then you can have the person re apply and there will be another Public Hearing. You will review the application as if it were new and then you can either renew it, renew it with new or different conditions if you feel it needs to be more strict, or you can deny it or revoke the permit.
What I tried to do there is, if Becky is selling Mary Kay out of her home, but she wants a sign out front then she has to apply for type B. That is the only thing she has ever got is
that sign. It seemed to me that in three years to make that applicant to fill out an application, come back in for a hearing. If Bob sends you a report that says he recommends that you approve this, there hasn’t been any problems you can then say yes approve it.
Jordan: Say that Becky get a permit for Mary Kay and we give it to her for one year and after 6 months we have had 20 complaints, at that time can Bob go and revoke the permit at that time or do we have to wait the full year of complaints.
Fisher: You don’t have to wait for the full year. That is the section on page 5 called Revocations. Where I stated, the following shall be considered as grounds for revocation at any time during the term of the Permit. You don’t have to wait for it to expire if they are violating what they are allowed to do. Say, home occupation type B, I didn’t allow in A, in A I said no accessory buildings for home occupation. In B it is a little more intense use, you can come in and ask for a accessory building. I want to make my own pottery and I want to put a little shed out back with my pottery wheel and a small kiln. If Bob goes out and finds that I have built an accessory building five times the size of what I said I would, I have an industrial kiln out there obviously, I have changed or exceeded the extent of the use that was permitted. I never got Bob’s approval and I am causing electrical malfunctions to all my neighbors TV’s, Bob can revoke that permit. He doesn’t have to wait for it to expire. In extreme circumstances like that when somebody has gone above and beyond what they are suppose to do and it has a real detrimental affect on the neighborhood you don’t have to wait. The one thing I did allow, if you look at B, if your permit is revoked there is still a hearing. They still get to come before this Board and say, “My permit shouldn’t be revoked and why.” We are not cutting the permit holder out. They have the right to come back to Planning Board.
Wagner: During the application and renewal process for type B, are the neighbors notified the renewal or application is taking place for type B?
Fisher: They would only be notified if Bob comes in and says to the Board, “I think we need to review this and have a hearing.” That is a Public Hearing. If Bob comes in and says I think we have some problems out there, we have had some complaints, I have been out there, we allowed a three-foot sign and they have a six-foot sign, I think we need to review this. That is a Public Hearing, and the neighbors would be notified in this case.
Wagner: Then the neighbors would be notified for the initial application for a type B?
Fisher: Yes. If everything has gone according to plan the neighbors will not be notified at the time of renewal.
Wagner: Lets assume the Board determines we want to move forward with this, this is a draft. What is our next step here? Does this go to the rewrite committee for the inclusion of this in the Zoning Code or do we act as a Board on this?
Fisher: That is up to Mr. Hiles. He has filed for a text amendment and per the Zoning Code the way text amendments go is, you make recommendation to Council whether to do this or not to do this. My opinion is, your duty is to make recommendation of this to Council and then it is up to Mike to decide if he wants Council to say we want it to go into effect now or go into effect now and go in the Zoning Code. We can pass it and still put it in the new Zoning Code as is. We did that with the SOB.
Hiles: My biggest consideration would be the impact on any existing business entity. The whole purpose is creating allowance where there currently is none for people who may already be operating under this capacity and we just don’t know about it.
Coleman: How do we know about it?
Fisher: It is about making Avon okay, about making Longaberger okay.
Coleman: How are they going to know this is in effect?
Fisher: We had talked about that internally, about when Council has approved it, putting something in the paper so people will know.
Jordan: My question to Mr. Hiles would be, how would you prefer ye handle this? Would you prefer to have this as a separate issue and run it all the way through the process or just insert it into the review committee and put it with the whole document?
Hiles: Ideally we will meet in the middle somewhere. It comes to the threshold of timing and working as a government contractor I understand that sometimes the best intentions get way laid time frame wise. If we were only talking about the difference of thirty days between having Council here versa just having it incorporated during the committee’s process then I wouldn’t want to burden the docket any heavier than it would be this summer, but in the same token if we are running into.
Fisher: It will be fall before the rewrite goes into effect.
Jordan: If we insert into the review committee they would probably start looking at it in June or July, but it still wouldn’t go into effect until the code was done.
Fisher: This could go much the way the SOB zoning that we did. The rewrite was under way, but we went ahead and did that with Council and it is in our zoning code with
instructions to the review committee, this stays in the zoning code as written. We could certainly do that with this.
Wagner: Since this is only a draft, can we act upon a draft?
Fisher: If you are happy with the draft you can accept it as is. I called it a draft because I didn’t know if there were things you would want to change.
Hiles: I was comfortable with the threshold that she proposed. I didn’t see any problems with number of deliveries, number of visits, hours of operation. That is where we left an open perimeters at the last meeting was to fill in the blanks as to how many deliveries, what the process is. I don’t have a problem with any of the text as it reads so I would leave it to you gentlemen’s discretion as to how you want to move forward on the draft itself. At this time I would probably say that my gut tells me that you need to move this forward to Council and advertise it with Council as opposed to just tabling it and waiting until who knows when.
Fisher: There will be one change. On page 2, E (1) In no case shall the home occupation be open to on-site clients or customers earlier than 7:00 a.m., nor later than 7:00 p.m. I guess I didn’t clarify it well enough because people have parties and they don’t have it until 7:00 or 8:00 at night. I am going to change the wording on that, it will say no later than 7:00 p.m., excepting parties or meetings for the purpose of selling merchandise or taking orders.
Jordan: On page 4 D (2), Exterior Appearance you have a blank there, Any requested signage shall comply with Section ________of this UDO, is that because we don’t have it assigned yet?
Fisher: If we want to go ahead and go through with that I would take out UDO and put in this zoning code, any requested signage shall comply with Chapter 1167 of this zoning code.
Wagner: I can support this document as changed, basically. I don’t know exactly how to present it as a motion.
Fisher: The only thing that I would ask, I guess I wrote this more in mind, if this is going to go into our current code do you want me to add a paragraph as far as type B. This being the new code, that Conditional Use application for permit of Home Occupation, Type B, will be a Public Hearing. I will just add that on page 3 where it says Home Occupation Type B, I would just add that as a last sentence to the first paragraph. Currently in our current zoning code Conditional Use is not a Public Hearing.
Wagner: Would you re state that again.
Fisher: I would just add as a last sentence there, Initial application for a Conditional Use Permit will be by Public Hearing.
Hiles: Is that because once you adopt the new zoning code Conditional Use will be a Public Hearing?
Fisher: Yes.
Geeting: I think that it looks pretty good. The questions that I had have all been answered.
Jordan: I think it is a long step from where we were a month ago.
Deffner: I have a question. Under Occupation type A, is there any type of business you can think of that would not be compatible with a residential area?
Fisher: A lot of it will depend on the intensity of the use. A would be things like attorney, taxes, piano teacher, language teacher, selling Amway.
Deffner: I guess I am looking at it at another way. It is different teaching piano lessons than selling guns. That is a big difference.
Fisher: You can’t look at selling guns different than selling Avon.
Deffner: Do we wait until a negative something happens before we react to it?
Fisher: Negative what?
Deffner: With the problems of something like that type of business could bring into a neighborhood. To me the other part of it is if that is an acceptable type A, then I would think the City Police would want to know where that business is at so that if there was a situation they might know what is going on in that neighborhood. Under type A they wouldn’t even know because there is no application or process involved. That doesn’t make sense to me.
Hiles: Under Federal Firearms Licensing that municipality is notified. I only know this because I am a gun enthusiast, I am not a FFL at all so I haven’t been through that process. I think the other distinction is, based on what I am gathering from listening to the conversation about a prior application, unless somebody is actually wanting to put in display cases and offer products for sale, you are really talking about the service that you
are providing doing transfers between third party buyers and sellers. As a service it would probably fall under the existing code. The distinction for me was reselling products that you didn’t manufacture in the home so that is what broadened my mind was the resell aspect.
Fisher: If all you are doing the transfer and background check, that is a service and that would fall in under our current zoning.
Hiles: I am not clear on what the prior application was, but just hearing and knowing, just because I probably buy and sell 8 to 10 firearms a year.
Fisher: One thing I tried to leave in, if you look on page 6 the miscellaneous, The provisions of the Chapter shall not be construed as limiting in any manner the powers or authority of the City of Eaton to protect the health, safety and welfare of its residents, including the investigation and elimination of nuisances. If there is a business running under type A and it is creating problems in the neighborhood of a type that the health, safety and welfare, we can go in and get it even if it is a type A. If what they are doing is a nuisance we are limited in trying to stop that nuisance even if it is a type A. I included that specifically because I couldn’t set down and write this for every situation. If something would happen yes, we are trying to help our residents and support business but we still need something there if something goes wrong. I tried to include that.
Jordan: After reading over this the other examples of the other Cities I noticed that some of them had that if you weren’t the owner of the property you had to have permission or a letter stating permission to have this home occupation, is that in here?
Fisher: We can add that.
Jordan: In other words your landlord can’t let you sell guns if he doesn’t want guns sold out of his house.
Fisher: We usually require that with any application. Be it rezoning, be it conditional use or anything.
Jordan: As long as it is a part of the code.
Fisher: I didn’t include that specifically because we already do that.
Hiles: I was just wondering if you get into landlord, tenant issues? What I am looking at is the resale of package software over the internet. I don’t have any provisions in my lease saying that I cannot operate.
Fisher: If you were going to apply for a permit in type B, you were going to do a more intense, any kind of application you file with the City. We do have so many people in town that live in apartments or condos, I say dwelling or unit.
Wagner: Under the class A occupation there would be no application made so there would be no landlord letter or anything.
Fisher: We had talked about that in house and if we get into the situation where the City is requiring permits for everything we are going to be so busy dealing with those that we are not going to have time to do anything else because there are so many.
Jordan: Something that wouldn’t fit into an A, it happened several years ago, a gentleman out on S.R. 35 had a woodworking shop and he didn’t bother a soul. The he started having semi’s pulling in and that sent up the red flag.
Fisher: No semis under A or B. I tried to think of everything.
Deffner: I guess I am still having a problem as how one decides if I am an A or B type of business?
Fisher: If the neighbors call in and complain, so and so is doing this and we don’t think it meets this, Bob will go out and inspect it, staff will look at it, yes they are doing this and they fall outside of A, then they have to come in and apply for a permit.
Deffner: Who is making that decision?
Fisher: Staff.
Daily: Neighbors do pretty good job of keeping people honest. I have in my desk a file from last year where Bob has followed up on calls from residents and he has had communication with people requiring them to come in and apply for a permit.
Hiles: I think the whole conversation last month and as I continued on with Donnette was that you are really talking about a situation where there is no noticeable or visible impact to the neighborhood, it is just because the way the ordinances currently reads that you can’t resell goods manufactured outside of the home without a permit but no body knows how many violators of this ordinance there are.
Deffner: But, the potential is different between what kind of product is being sold to, potential danger.
Hiles: I think there are FFL and licensing restrictions beyond what the City of Eaton would even haven to govern.
Fisher: If there is a gun dealer in the City of Eaton complains to the Federal Agency that we are having problems with this you can bet they will be there in minutes. My understanding is that they oversee those home occupation applications closely.
Hiles: I haven’t been through the FFL process but I have friends in Cincinnati that have and they come out and inspect your premise’s and mandate alarm systems, security with FFL is pretty through and the field officer comes out and they have a lot of guidelines. I am hearing a lot of concerns on your minds but there is a regulatory body called the Bureau of Alcohol, Tobacco and Firearms that tightly controls licensing as who gets to sell firearms, where and what.
Deffner: With your knowledge, we have a right at sometimes to bear arms, is that a law now.
Hiles: As far as concealed carry, is that what you are asking about?
Deffner: Yes.
Hiles: That went into effect last Thursday, April 8.
Deffner: Where can someone that has made that application and been approved, where can they carry a gun. Can they carry that gun in this room, can they carry that gun in a bank?
Fisher: By law, the way the concealed carry law works, first of all you have to take a class before you make the application.
Hiles: As far as the distinction as to who gets it and who doesn’t, you have to have 12 hours from a certified NRA instructor, then you have to make an application to the Sheriff’s department and they have 40 days to respond. In the 40 days they will do a backround check, fingerprints, medical court to say you are mentally competent. You can legally own a firearm and purchase a firearm but they just have 40 days to give you the permit. Now where you can and cannot carry, I believe the government buildings, City buildings.
Fisher: One of the things they will teach you is that you can’t carry it in any government building, can’t carry on a school district at all, you can’t even have it in your car on a school grounds, can’t carry it in a bank, can’t carry it on any premises that sells liquor of any type.
Hiles: There is clarification on both of those. A bank is considered private property so it is the discretion of the private property owner to determine whether or not.
Fisher: Private businesses can put up signs, it is up to the private business owner whether or not they want to allow people to carry weapons on their property, if they put up a sign, you are not allowed to carry in there, then you are not allowed to carry in there.
Deffner: If they would violate that would it be a felony?
Fisher: I think it would be a felony.
Hiles: I haven’t been for my training yet, I go Sunday.
Fisher: Depending where it is. If it is a school or a courthouse.
Hiles: There is one classification violation and they were real clear but I am not sure what it is.
Coleman: I was thinking about this the other day. What if a guy gets himself a trailer and he does lawnmower repair and he goes to the houses and all he needs is electric and he uses their electric, is that going to be a conditional use?
Fisher: It is not a home occupation..
Jordan: It would be no different than spraying your lawn. They are just providing the service to you.
Wagner: If we were to make a motion to move this to Council what section of the zoning code would you insert this in?
Fisher: This would go into additional use Chapter 1163. What I would suggest that it gets taken out of Chapter 1171, supplementary regulations and put into Chapter 1163, conditional use. I would make it Chapter 1163.05. Then I would remove Chapter 1171.10. You can do that or you can just replace it by leaving it as Chapter 1171.10 and just replace the old with this.
Jordan: I would think moving it to Chapter 1163 would be better and then it will fall in line with the new codes.
Jordan: I have a motion on the table by Mr. Wagner, to apply Z-04-01 Zoning Amendment into Chapter 1163.05 of our current zoning code and remove Chapter 1171.10 of the current zoning code.
Harold Geeting seconded the motion and it passes as follows:
Ayes: Coleman, Atkins, Lane, Geeting, Deffner, Wagner, Jordan (7)
Nays: None
OLD BUSINESS:
Spitler: For the Board, the zoning code review meetings will now be held at Station 2 and if that would not be available we would meet at the EMS building. We do have a schedule set up that I have: April 20 – May 18 – June 1 – June 15 – June 29 – July 13 – July 27 – Aug. 10 – Aug. 24. That is the current schedule. We met one time last Tuesday to get the review started. They are all at 6:30 p.m. at Station 2.
NEW BUSINESS:
Steve Deffner made a motion to adjourn and Ron Coleman seconded it.
Meeting adjourned.
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Secretary Chairman