765.01 PROHIBITED BUSINESS ACTIVITIES IN RESIDENTIAL DISTRICTS.
(a) This chapter shall be known as the "Mansfield Home Value and Family Protection Act.”
(b) Definitions:
(1) "Property owner." Property owner, as used in this chapter, shall mean any person, individually, corporate, or otherwise who holds legal title, leasehold or possessory or other rights to real property upon which the below prohibited activity occurs.
(2) "Residential Property Owner." Residential property owner, as used in this chapter, shall mean any person, individually, corporate, or otherwise who has a legal or equitable interest in real estate located within an Rl, R2, or MF residentially zoned district within the City of Mansfield who, as a result of prohibited activity, suffers a substantial diminution of real estate market value of at least 25%.
(3) "Substantial Diminution of Real Estate Market Value." Substantial diminution of real estate market value as used in this chapter shall mean a reduction or decrease of the fair market value of a residential property owners' real estate located within an Rl, R2, or MF residentially zoned districts within the City of Mansfield as a proximate result of the industrial or other business activity prohibited in subsection (c) hereof.
(4) "Industrial or Other Business Activity." Industrial or other business activity, as used in this chapter shall mean any and all business activity, for-profit or nonprofit, including but not limited to industrial, manufacturing, gaming, biomedical research, marijuana cultivation or farming, storage of radioactive waste or inventory, sale of pornography, mining involving wells for extraction or injection, or any other activity which proximately causes a substantial diminution of real estate market value of the aforementioned residential property. Industrial or other business activity includes, but is not limited to any initial act in furtherance of the below defined business activity prohibited by this chapter, including but not limited to applications for required permits or acquisition of legal or equitable property rights of any kind.
(c) No property owner, manager, operator, licensee, or independent contractor, whether corporate or otherwise, shall without the consent of the City of Mansfield by or through its zoning ordinances, commence industrial or other business activity within any Rl, R2, or MF residential districts within the City of Mansfield which substantially diminishes the fair market value of residential property within said districts, including but not limited to single-family homes, duplexes, condominiums, and multifamily apartments or other residential real estate providing for residential living.
(1) These above prohibited activities shall include but are not limited to any business activities which result from permits issued by the State of Ohio or its political subdivisions when the City of Mansfield has not consented to the same by or through its zoning ordinances.
(d) Joint and Several Liability. Any and all persons or entities of any kind, corporate or otherwise, who have a direct pecuniary profit interest generic to the prohibited activity and/or which have a legal or equitable ownership interest in the prohibited business activity or real estate within the residentially zoned district upon which the prohibited business activity occurs shall be jointly and severally liable to any residential property owner for all consequential damages, including but not limited to diminution of the residential property owners' real estate located within the affected residential district.
(e) Injunctive Relief and Monetary Damages. Any affected residential property owner and/or the City of Mansfield shall have the authority to enforce this chapter for purposes of seeking injunctive relief and consequential damages. This chapter is not intended and shall not be interpreted to limit the monetary damages, consequential or otherwise, of the affected party.
(f) If any sentence, clause, section or part of this chapter, herein is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section or part of this chapter so found and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter. It is hereby declared to be the intention of the legislative authority of the City of Mansfield that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included in this chapter. (Ord. 15-229. Passed 11-3-15.)