Yellow Springs Public Notices

Amending Planning and Zoning Code

— Public Notice —
Interested persons will take note that the Village Council of Yellow Springs on Tuesday, July 5, 2011, gave first reading to an ordinance, text to follow. Council will consider said ordinance for second reading and possible passage into law during a public hearing to begin at 7:10 p.m. Monday, July 18, 2011, in the Bryan Community Center, 100 Dayton Street.

AMENDING SECTION 1242.09 GENERAL PROVISIONS & DEFINITIONS, SECTION 1258.03 CONDITIONALLY PERMITTED USES, AND SECTION 1272.05 STANDARDS FOR SPECIFIC CONDITIONAL USES OF TITLE FOUR – ZONING OF PART TWELVE – PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF THE VILLAGE OF YELLOW SPRINGS, OHIO.

WHEREAS, based on investigation and reports of staff, news reports, discussions with representatives of other communities, and on findings incorporated in cases decided by Ohio courts, Village Council finds that in other communities where businesses such as Computerized Internet Sweepstakes Terminal Cafés currently exist in the State of Ohio, there has been numerous incidents of illegal gambling at such Cafés, an increase in reports of criminal activities in the areas near the Computerized Sweepstakes Terminal Café, an increase in the number of constituent complaints related to the businesses, and an increase in the need for police oversight to ensure
illegal gambling is not occurring; and

WHEREAS, Village Council finds that the enactment of this Ordinance to regulate Computerized Internet Sweepstakes Terminal Café is a substantial government interest for the Village in preserving the quality of urban life and that it is in the interest of the health, safety, morals, and general welfare of the citizens of Yellow Springs; and

WHEREAS, on May 16, 2011,Village Council passed Ordinance 2011-12 which established Chapter 850 of the Business Regulation and Taxation Code of the Codified Ordinances of the Village of Yellow Springs which established standards for licensing, regulation and control of Computerized Internet Sweepstakes Terminal Cafés and premises upon which they are located and operated.

WHEREAS, there is a need to determine in what Zoning Districts Computerized Internet Sweepstakes Terminal Cafés should be permitted and the Planning Commission has recommended allowing these as Conditional Uses in the General Business District.

NOW, THEREFORE, THE COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY ORDAINS THAT:
Section 1. New Sections 1240.09 (27A) and 1240.09 (27B) are hereby enacted to read as:

1240.09 DEFINITIONS.

(27A) “Computerized Internet Sweepstakes Device” means any computer, machine, or apparatus which, is capable of connection to the internet, regardless of whether such connection is utilized, through a wireless router telephone line, digital subscriber line, satellite, cellular telephone, cable connection or any other method, which is engaged or accessed upon the insertion of a coin, token, or similar object, or the sliding of a magnetic card or entry of a code, or similar process, or upon payment of anything of value, either directly or indirectly, and which may be operated by the public generally for use as entertainment, amusement or a contest of skill, whether or not generally for use as a contest of skill, entertainment of amusement, whether or not registering a score and which when so utilized produces, announces, reveals or discloses the eligibility, award or payment of a cash prize redeemable on or at the Computerized Sweepstakes Terminal Café, whether or not said prize was in fact announced, revealed or disclosed through the usage of the Computerized
Sweepstakes Device. Computerized Sweepstakes Device does not include machines designated for use by the State Lottery Commission.
(27B) “Computerized Internet Sweepstakes Terminal Café” means any premises upon which there are situated two (2) or more Computerized Sweepstake Devices that are available for the use or entertainment of the public within such premises, whether or not such premises has any other business purpose.

Section 2. A new Section 1258.03 (f) is hereby enacted to read as:

1258.03 CONDITIONALLY PERMITTED USES.

(f) Computerized Internet Sweepstakes Terminal Cafés.

Section 3. A new Section 1272.05 (j) is hereby enacted to read as:

1272.05 STANDARDS FOR SPECIFIC CONDITIONAL USES.

(j) Computerized Internet Sweepstakes Terminal Cafés (conditional in the General Business District) may be approved if they meet the following conditions:
(1) Computerized Internet Sweepstakes Terminal Cafés shall provide one (1) off-street parking space for every two (2) Computerized Internet Sweepstakes Devices. (2) A floor plan of the premises and the immediate vicinity drawn to scale, showing the square footage and placement of the computerized sweepstakes devices, exits, windows, storage spaces, and off-street parking shall be submitted to the Zoning Administrator. (3) No living quarters shall allow direct entry to the premises. (4) Each and every portion of the premises shall at all times be open for inspection by the Zoning Administrator and other Village personnel for the purposes of assuring compliance with, and/or enforcement of, any provisions of this Chapter. (5) No Computerized Internet Sweepstakes Terminal Café shall be located closer
than one thousand (1,000) feet from another Computerized Internet Sweepstakes Terminal Café. (6) Parking areas shall be screened from adjacent residential property by an appropriate landscaped buffer of not less than four (4) feet and not more than six (6) feet in height.

Section 4. This ordinance will be approved and in full force at the earliest time permitted by law.

Judith Hempfling, President of Council

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