Proposed Butler zoning ordinance amendment denied
The Butler Planning and Zoning Commission voted unanimously Wednesday against a proposed ordinance amendment that would have added a Central Business Entertainment District to the zoning ordinance.
About two dozen people joined the commission's virtual meeting and none of those who spoke were in support of the proposal.
Some members of Butler Downtown and downtown business owners said that the city's zoning ordinance needs to be updated and the city should begin the updating process by having discussions with residents and business owners. Many said the proposal would have restricted too many businesses from opening downtown.
The proposed C-2E Central Business Entertainment District would have been a 20-block area bordered by Brady, Cedar, McKean, Diamond and Jackson streets within the larger C-2 Central Business District, and would have had many fewer permitted uses than the C-2 district currently allows.
Listed as permitted uses in the C-2 district — but not in the proposed C-2E district — are offices, schools, medical and dental offices, opticians and optometrists, funeral homes and crematories, parking garages, newspaper and printing businesses, public utility offices and facilities, philanthropic institutions, municipal buildings, recreation facilities, libraries, correctional facilities, day care centers and preschools, postal service, data centers, automobile sales and service, boat and trailer sales and service, gas and fuel sales, drive-in retail establishments, business support enterprises, check-cashing shops, pawn shops, electric and household appliance repair shops, and multiple-family dwellings.
Those kinds of businesses currently in the district would have been allowed to stay under the proposal.
C-2E has 21 permitted uses, including retail stores, service shops, hotels, bed and breakfasts, restaurants, banks, churches, museums, amusement enterprises, cultural facilities, convenience stores, microbreweries, day spas, massage therapy offices, rental halls, entertainment facilities, colleges and offices above commercial stores at the street level.
The C-2 district has 25 conditional uses that require commission approval, and the proposed C-2E district had four conditional uses.
John Smith, Butler Downtown president, said the proposal was not an initiative of Butler Downtown. Board members discussed the proposal, but didn't come to a consensus, he said.
The proposal was meant to be a starting point that could be changed to make businesses more profitable and attract new businesses without alienating existing businesses, he said.
Butler Downtown discussed the proposal with the commission three years ago, but it stalled, he said, and recent miscommunication led to the proposal being placed on the commission's meeting agenda.
He said city Councilman Jeff Smith brought up the proposal when he discussed amending the city's business privilege and mercantile tax ordinance with Butler Downtown earlier this year.
After Wednesday's meeting, Jeff Smith said he agreed to help Butler Downtown by formatting the proposal. He said John Smith was included in an email he sent to city building code official John Evans, informing him that he sent a draft of the proposal to Evans and the commission.
“I thought I was helping them,” Jeff Smith said.
“I think it was really a miscommunication,” John Smith said after the meeting.
During the meeting, Butler Downtown members Lance Calvert and Nick Fazzoni said they had hoped that the city was going to hold public meetings to get input from business and property owners to update the zoning ordinance.
Calvert said the proposal discussed Wednesday is different from the version that was discussed with the commission three years ago.
Fazzoni said the proposal is several years old and no longer relevant.
“This ordinance really uninvites businesses to the downtown,” said Joe Caparosa, commission chairman.
He said the commission is an advisory board that makes recommendations to the city council, but council isn't required to follow its recommendations.
Evans said the proposal is not on the council's agenda.
Jordan Grady, executive director of the Butler County Chamber of Commerce, said the city shouldn't exclude any businesses.
“This is not even a starting point,” Grady said.
Councilman Bob Dandoy said he believes Butler Downtown was looking for input for updating the ordinance. He said any proposal should be discussed and ready for consideration before being presented to the commission.
“This is not the starting point,” Dandoy said.
