5226 - 77 Oppose SB 71 - group homes

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RESOLUTION NO. 5226 BY: Messrs. Salmon, Sinagra, Usher, Brockman, Magnotto, AN EbiERGENCY RESOLUTION urging the elected representative to the Ohio House of Representatives and the Ohio House leadership to oppose the enactment of Substitute Senate Bill 71 permitting the location of group homes for the developmentally disabled in resideptial districts without regard to municipal zoning. WHEREAS, there is presenting pending before the Ohio House of Repre- sentatives Substitute Senate Bill 71 which permits family care homes and group care homes for me~tally retarded adults to be located in ~residential districts without regard to lecal municipal zooming, except fo~ narrowly defined control of,group homes under conditional use permits, and WHEREAS, it is the opinion uf tills Counci... that it strongly oppose Substitute Senate Bill 71 for the reasons that such limitations on municipal zoning powers severely limits the anthority ef municipal councils and c~itizens of the community from control ef its zoning regulations; that such limitations are a violation oz the mnnicipality's "Home Rule" powers granted municJpalit~e~ by the Ohio Constitution; that the General Assembly is not the appropriat~ forum to deal with a zoning issue since it cannot consider other related land uses and their inter-relation, oae to another; for the reason that snch legislation opens the flood gate of requests from special interest groups for special exemptions from local zmq[ng powers and for the reason that it establishe~. dangerous precedents which cou]d le~d to fnrther l~mitat~ons on the Council's right to t~nact and enforce zoning ordinances, ail of which a~e det~:imental t~ the best interest of. the City of Lakewood and its residents; now, therefore, BE IT RESOLVED BY THE COUNCIL OF TIlE CITY OF LAKEWOOD, STATE OE 01tlO: ~ Sectien 1. That the Council of the City ef Lakowood, for tile reasons above stated, does hereby express its strong oppes~tiou to Substitute SC, hate Bill 7~. Section 2. That this Council. erges the leadership of the Ohio House of representatives, as well. as this arca's State Representative, to oppose Substitute Senate Bill 71 for tha reasons above set forth. Section ~. That the Clerk of Co,moji be! and she is hereby antborized and directed to forward a certzfied copy of this Resolution to the following leaders in the Hcuse: Vernal G. Rifle, ~peaker; Barney Quilter, Speaker Pro Tempore; William L. Mallory, Majority Floor Leader~ Charles F. Kurfess, Minority Leader; Norman A. Murdock, Assistant Minority Leader, and to Francine Panehal, State Representative, State House, Columbus, Ohio 43215. Section 4. Tlw~t this Resolutiou is here]'y declared to he an emergency measure for the re'asons stated in the preambJe hereof and provides ia receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediat~ely upon its adoption and approval by the Mayor; otherwise it shall take effect and be period allowed by law. Adopted: Approved: in force from and after the earliest / k./ P r,~-~t Mayor