Minutes of the Meeting of the Rootstown Township Zoning Commission
August 15, 2011

The Rootstown Township Zoning Commission held a public hearing on Monday, August 15, 2011, at 7:00 p.m. at Rootstown Town Hall.

Present:
Karen Henry
Robert Moses, new member
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.

Mr. Robert Moses introduced himself as the newly appointed zoning commission member. He and his wife have lived in Rootstown for many years. He is a business owner and wishes to contribute to the township by serving on the zoning commission.

Zoning Inspector, Mr. Jim Mahood, reported that the July zoning seminar sponsored by the Ohio Township Association held in Stark County that he and George Tishma attended was one of the best ones in recent years. It covered a myriad of topics including sweepstakes parlors, nuisances, etc.

Mr. Mahood also reminded the members that another quarterly zoning meeting with at the Portage County Regional Planning Commission office is this week and it will deal with permitted agricultural uses.

Several issues are pending with zoning infractions and the zoning inspector is keeping busy with following through and forwarding non-compliant violation letters to the prosecuting attorney’s office.

There’s a possibility of a used car lot coming to the township soon. It will require a variance from the Zoning Board of Appeals.

Next on the agenda was the proposed amendment to create regulations for temporary vendors. The Portage County Regional Planning Commission provided a review of the suggested wording for a definition and specifics. The township’s legal counsel, Chris Meduri of the County Prosecutor’s Office, also submitted his approval of the proposed section.

Discussion followed on the issue of temporary vendors. Jim Mahood, Zoning Inspector, located a previous resolution adopted by the trustees in 1991 that provided some rules for transient vendors at that time. However, the rules were never actually incorporated into the "Zoning Resolution" that was adopted in 1999. The group reviewed the resolution and felt it was important to incorporate some of the wordage into the proposed amendment as well as what was submitted for approval.

After much more discussion, it was decided to include wording of parts of the 1991 resolution that will be more specific. The zoning inspector will create an application/registration form that will be completed by potential vendors.

Karen Henry made a motion to forward a proposed amendment to the trustees for creating a definition for temporary vendors and also a section for the requirements. Helen Vari seconded the motion and the vote was as follows: Vari, YES; Tishma, YES; Henry, YES; Moses, YES; and Mullenix, YES --- passed 5/0. The proposed wording:

DEFINITION: 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 VENDOR(S):

  1. A person who opens a temporary place of business for the sale of goods or services shall be permitted not to exceed 4 consecutive days or 96 hours per calendar year.
  2. Are permitted at authorized shows fairs, flea markets, church festivals, or similar events.
  3. Registration shall be valid for 90 days from the date of the application approved by the zoning inspector.
  4. In carrying on activities in this township, a temporary vendor shall not:
    1. Obstruct or interfere with public travel on, or public use of any public street, road, sidewalk or way;
    2. Enter any private premises or parts of premises where entry is prohibited by notice or which are manifestly restricted to uses which are incompatible with the vendor’s activities;
    3. Remain on premises or parts of premises after notice to depart;
    4. Possess, sell, offer to sell, or solicit orders for any product or thing in violation of the law.

Next on the agenda was the discussion for the proposed amendment to include overgrown grass as a nuisance. Both the prosecuting attorney’s office and Portage County Regional Planning Commission have provided input and recommendations regarding this proposal. The subject has been a topic of concern for many months since several abandoned properties have overgrown grass and neighbors have been making complaints to the zoning inspector. If the properties are owned by banks or mortgage companies on record, crews sometimes are hired to maintain them, but not in all cases. The township does not wish to take on the liability of property maintenance. Chris Meduri, Assistant County Prosecutor, mentioned the possibility of including overgrown grass as a nuisance as part of a Property Maintenance Code. He will be glad to discuss this issue with the zoning inspector and/or the zoning commission in the near future.

George Tishma made a motion to table the proposed amendment for adding overgrown grass as a nuisance in the Zoning Resolution until further clarification is received from Chris Meduri regarding a Property Maintenance Code on this issue. Helen Vari seconded the motion. All ayes were heard.

Karen Henry made a motion to approve the July 18, 2011 Zoning Commission meeting minutes as presented. George Tishma seconded the motion and all ayes were heard.

The next regularly scheduled Zoning Commission meeting will be September 19, 2011.

Karen Henry made a motion to adjourn. George Tishma seconded the motion and all ayes were heard.

__________________________________
Ann Marie Mullenix, Chair
Rootstown Township Zoning Commission

Judy Adamson, secretary