Minutes of the Meeting of the Rootstown Township Zoning Commission
July 18, 2011

The Rootstown Township Zoning Commission met in regular session on Monday, July 18, 2011, at 7:00 p.m. at Rootstown Town Hall.

Present:
Karen Henry
AnneMarie Mullenix
George Tishma
Helen Vari

Absent:

Also present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretary

Chair, AnneMarie Mullenix, called the meeting to order.

Everyone stood to recite the Pledge of Allegiance.

Zoning Inspector Report - several permits have been issued for additions, decks, sheds, etc. Mr. Mahood reminded the group of the upcoming zoning seminar on July 29th. The township trustees encourage attendance and those attending can carpool from the office.

George Tishma reported that tall grass on vacant lots located in his development has been cut recently. The zoning inspector contacted the banking company that owns the properties and their maintenance crew did the work.

Regarding tall grass problems, the group looked at how the township could possibly have some regulations that might help the zoning inspector get companies to follow-through after getting a nuisance letter. After much discussion, it was suggested that a proposed amendment to Section 230. (General Provisions) include wording to cover overgrown grass as a prohibited nuisance.

Karen Henry made a motion to propose an amendment to Section 230.02 to include overgrown grass. George Tishma seconded the motion and voting was: Vari, YES; Tishma, YES; Henry, YES, and Mullenix, YES - passed 4/0 (proposed wording in bold)

SECTION 230.02 NUISANCES Prohibited.

  1. No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of this Resolution and any additional conditions and requirements prescribed, may be hazardous, noxious, or offensive due to the emission of odor, dust, smoke, fumes, cinders, gas, noise, vibration, electrical interference, refuse matters and water carried wastes, overgrown grass (not to exceed 10 inches) or which will interfere with adjacent landowners enjoyment of the use of their lands.

The Portage County Regional Planning Commission and the township's legal counsel will be asked for review, input, and recommendation to be presented at next month's public hearing prior to submitting to the trustees for approval.

Next on the agenda was discussion regarding temporary and/or transient vendors. The group wishes to be proactive and perhaps limit hours or days and perhaps zoning districts in which these vendors can operate. Many concerns came into the discussion. This type of business is not the same as roadside stands. Health Department license, vendor's license, pedestrian traffic safety, background checks for workers near schools, etc. were some of the considerations.

Types of goods and services sold was also a big topic for discussion. The most common might be food and cold treats, hand-made articles, crafts, etc. at a temporary exhibition. The Ohio Revised Code has some general regulations that will help in determining what to include or adapt in the township's potential regulations. The zoning inspector will review the application of all vendors.

The group decided that first and foremost a definition would need to be made.

Helen Vari made a motion to create a definition and then create a separate section in 230 (General Provisions) to include temporary vendors as permitted. Karen Henry seconded the motion. Vote as follows: Tishma, YES; Vari, YES; Henry, YES; and Mullenix, YES – passed 4/0

The following will be submitted as a proposed amendment (shown in bold):

TEMPORARY VENDOR: any person who opens a temporary place of business for the sale of goods or services. See Section 230.08.

Section 230.08 TEMPORARY VENDORS.

  1. A person who opens a temporary place of business for the sale of goods or services shall be permitted not to exceed 4 days or 96 hours per calendar year.
  2. Temporary vendors are permitted at shows, fairs, fleamarkets, church festivals, or similar events.

The above proposed amendment will be forwarded to the Portage County Regional Planning Commission and the Prosecuting Attorney's office for input and recommendations prior to the public hearing.

Karen Henry made a motion to accept the June 20, 2011 Zoning Commission meeting minutes as presented. George Tishma seconded the motion and all ayes were heard.

The next regularly scheduled meeting will be August 15, 2011.

Karen Henry made a motion to adjourn. Helen Vari seconded the motion and all ayes were heard.

__________________________________
Ann Marie Mullenix, Chair
Rootstown Township Zoning Commission

Judy Adamson, secretary