Minutes of the Meeting of the Rootstown Township Zoning Commission
September 19, 2011

The Rootstown Township Zoning Commission held a public hearing on Monday, September 19, 2011, at 7:00 p.m. at Rootstown Town Hall.

Present:
Robert Moses
AnneMarie Mullenix
George Tishma
Helen Vari

Absent:
Karen Henry

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.

Trustee Brett Housley was given the floor. He apologized for missing the August meeting as he had something pop up unexpectedly.

Mr. Housley then referenced the recent proposed amendment for regulating temporary vendors that was forwarded to the trustees for approval. They tabled the item due to having additional questions. In addition to the information given to them, the trustees wanted to know how agricultural districts might be affected by the proposed regulations. Mr. Mahood stated that agricultural districts are completely separate and exempt and it has nothing to do with this issue. They may still make a slight modification to include a reference to the previous Resolution 1991-118 as well. Garage/yard sales are not considered as temporary vendors. Mr. Mahood has created a tentative application form to be completed by potential temporary vendors; however an amount for the fee has not been determined. Discussion followed regarding fee amounts for vendors and what constitutes an “authorized” event. Once the application form is completed and the fee paid, the zoning inspector has authorized the event.

Mr. Housley thanked the zoning commission members for their time in presenting the proposed amendment and he feels the trustees can finalize the process at their next meeting.

Zoning Inspector, Jim Mahood, reported that he has received a complaint from a resident regarding a continuous yard sale of a neighbor. It’s a traffic concern and the zoning commission may wish to set some restrictions on timelines for these sales.

AnneMarie Mullenix asked about wineries in the area. This is an agricultural issue and exempt from the zoning resolution. Selling products that are used to promote this type of business is exempt. This was discussed at the recent regional meeting for the county as well.

Mrs. Mullenix asked about the POD units that are seen occasionally in our area. She feels that persons are using them as extra storage and sometimes they remain for months, which creates unsightly, unscreened units. The amount of units in one location is another concern. Mr. Mahood pointed to Section 310.09C that regulates detached accessory structures following the percentages of the parcel size. They are permitted in the side and rear yard only.

The Zoning Commission members decided to discuss the topic of limiting garage/yard sales. Should the length of the day be considered? How many days per month? Is a permit required? Is there a fee for the permit? Limit the amount of consecutive days? Some townships and municipalities have regulations in place. If regulations are approved it will need to be announced in the newspaper and posted on the township marquee sign, etc.

After much discussion, Helen Vari made a motion and George Tishma seconded the motion to propose an amendment to regulate garage/yard sales as follows:

Section 310.09 –

P. Garage/yard sales (residential selling events). Not to exclude tag sales, auctions, estate sales, moving sales, or similar household sales. Limited to 3 consecutive days per calendar month. $10 fee for each event permit. See Section 420 regarding signage.

Vote as follows: Moses, YES; Vari, YES; Tishma, YES; Henry, ABSENT; and Mullenix, YES.

The proposed amendment to regulate garage/yard sales will now be forwarded to the Portage County Regional Planning Commission for review and to Chris Meduri, the township’s legal counsel, for his consideration and recommendations regarding the legal aspects of the potential regulations.

Discussion followed on the tabled item from the August meeting regarding adding tall grass as a nuisance.

George Tishma made a motion to table the proposed amendment regarding adding tall grass as a nuisance until the October meeting after more discussion and research can be obtained. Helen Vari seconded the motion and all ayes were heard.

George Tishma made a motion to approve the August 15, 2011 Zoning Commission minutes as presented. Bob Moses seconded the motion and all ayes were heard.

The next regularly scheduled meeting will be October 17, 2011.

George Tishma made a motion to adjourn. Bob Moses seconded the motion and all ayes were heard.

__________________________________
Ann Marie Mullenix, Chair
Rootstown Township Zoning Commission

Judy Adamson, secretary