Minutes of the Meeting of the Rootstown Township Zoning Commission
May 16, 2011The Rootstown Township Zoning Commission met in regular session on Monday, May 16, 2011, at 7:00 p.m. at Rootstown Town Hall.
Present:
Karen Henry
Amanda Lewis
AnneMarie Mullenix
George Tishma
Helen VariAbsent:
Also present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretaryChair AnneMarie Mullenix called the meeting to order.
Everyone stood to recite the Pledge of Allegiance.
At the invitation of Chairperson AnneMarie Mullenix, Dick Messner from Brimfield Township attended. Mr. Messner is the Zoning Inspector and his job includes various other aspects of development and planning as well.
Mr. Messner explained that since there have been changes in the County Regional Planning Commission, the zoning issues are being shared as to the way they are regulated. The bigger townships, including Ravenna, Rootstown, Brimfield, and Franklin usually react the same way to issues involving nuisances, etc.
Nuisances interfere with economic development and the full use and enjoyment of one’s property. Private nuisances and public nuisances run the gamut of many things. The Environmental Protection Agency and the Department of Natural Resources also have areas that are included as nuisances. Of course the cities with police departments have enforcement powers, whereas townships usually do not.
Perhaps the majority of citizens do not know the law when it comes to nuisances being enforced. Brimfield Township has added to their resolution a specific definition of the word nuisance to give a clearer meaning for better enforcement; i.e., anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.
Prohibited uses need to be matched up to public nuisances, EPA requirements, Clean Air requirements, garbage and tire dumping. The Ohio Revised Code also states what townships can do regarding nuisances. Portage County also has a Codeified Ordinance on nuisances but it is doesn’t necessarily cover the same issues which have already faced the townships.
Mr. Messner gave us a brief overview of how Brimfield handles the complaints they receive regarding abandoned homes. It’s difficult to find out where to mail infraction notices when many times it could be out-of-state mortgage companies, third-party administrators, etc. Sheriff sales are checked for recent transfers so as to notify new owners of existing nuisances as quickly as possible. The Health Department is notified for garbage and vermin problems when overgrown grass is involved. If there is a real estate company involved, they are contacted and some of the mortgage brokers have service companies that maintain properties that don’t sell quickly. Usually the smaller and local banks maintain the properties better than big ones or those from out of state.
Mr. Messner provided forms that they use to notify owners of public nuisance violations and examples of follow-up notifications. The Brimfield subdivisions have conditions placed on the developer that make them the association and calls for dues to be taken until 75% of the lots are sold. These funds can be used to pay for unresolved issues in certain cases. Then the developer can turn the association over to the homeowners.
A nearby township passed a resolution to hire a third party or use the township employees to bring an abandoned property with unkempt grounds up to standards of the neighborhood. It was done and a bill sent to the auditor’s office to have an assessment put on the real estate tax bill; however, many defaulted houses once sold have the assessments removed by the court.
Even though the neighboring townships have different types and amounts of zoning districts, they basically mirror the same routes to make the regulations that fit each specific issue.
Mr. Messner was thanked for his presentation.
The Portage Development Board meets quarterly and it gives the city planners and elected officials and township representatives a chance to work together to keep the area regulations similar. The zoning commission members were invited to attend this week’s meeting at Regional Planning as they are working on similar current issues.
George Tishma made a motion to accept the zoning commission April 2011 meeting minutes as presented. Amanda Lewis seconded the motion and all ayes were heard.
Trustee Brett Housley arrived to report to the group the trustees’ decision to deny the proposed amendment to Section 390.06W originally submitted for a January 2011 public hearing to change the distance for duplexes to be located near existing two-family dwellings in residential districts. The Zoning Commission was following the Comprehensive Land Use Plan Addendum recommendation to curb density and limit duplexes to V-C and R-V districts. This amendment had been reviewed and recommended by the Portage County Regional Planning Commission; however denied until a clarification on wording by the assistant prosecutor was received. Another delay occurred when the subsequent public hearing was not advertised in the newspaper. Mr. Housley said the work has been done and it can be re-considered in the future if there’s a benefit to it. The zoning commission feels that duplexes used for rentals should be limited and this proposed amendment would do that. Mr. Housley stated that he also wants stability in single-family housing and sees no need for big change in the township.
Amanda Lewis asked for direction from the trustees as the group feels it slows down the efforts when the hard work done is dismissed as not needed at this time. They want to be proactive on issues.
Internet Cafes, oil & gas fracking, and nuisance regulations are the big priorities at this time. Mr. Housley said the trustees are working on issues with Delphi soil problems as well.
Zoning Inspector Jim Mahood asked the zoning commission members to let him know if they will attend the upcoming zoning seminars. They will be discussing pertinent issues including those listed above.
The next regularly scheduled zoning commission will be June 20, 2011.
Helen Vari made a motion to adjourn. Amanda Lewis seconded the motion and all ayes were heard.
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Ann Marie Mullenix, Chair
Rootstown Township Zoning CommissionJudy Adamson, secretary