Minutes of the Meeting of the Rootstown Township Zoning Commission
October 17, 2011

The Rootstown Township Zoning Commission held a public hearing on Monday, October 17, 2011, at 7:00 p.m. at Rootstown Town Hall.

Present:
Steve Brown, new alternate
Karen Henry
Robert Moses
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.

Trustee Brett Housley was present and given the floor. He introduced Steve Brown as an alternate member of the zoning commission. Mr. Brown is a business owner and has been a township resident for over 10 years and wished to serve on a board to give back to the community.

Mr. Housley also reported on the trustees’ approval of the most recent proposed amendment regarding temporary vendors with slight modifications. He thanked the zoning commission for their efforts and hard work to ready these regulations for approval.

Zoning Inspector, Jim Mahood, announced that there would be a candidate’s night at the high school for the public to meet those persons running for offices in the township. Mr. Mahood also reported on an upcoming zoning seminar in Cleveland on November 18. He gave the members copies of the brochure listing the classes, times, etc. The trustees encourage attendance and those who wish to go need to let Jim know ASAP so that registration can be done as a group by the fiscal officer.

The zoning inspector reported a permit has been approved and issued for a used car lot on Prospect Street/SR 44. The Zoning Board of Appeals will likely approve another new business that needs a variance as well.

Next, the group began discussion on the proposed amendment to add regulations for garage/yard sales as an accessory use in Section 310. Both Portage County Regional Planning Commission and the township’s legal counsel, Chris Meduri, provided input and recommendations for a few wording changes on the submitted text. George Tishma reported that initial reactions he received from residents regarding a charge for a permit to conduct garage/yard sales was not good. On the other hand, Mr. Moses heard comments about other places charging fees and that our township would be following the norm. The reasoning on the original potential charge for a permit would be to cover additional expenses for the paperwork and administrative costs, and not to generate revenue. Mr. Meduri approved the fee in that regard.

Much discussion followed on whether to include a fee for a permit application for garage/yard sales. The public may feel it’s not appropriate or fair. If no fee is charged, how can the number of sales be tracked? The potential of someone having continuous sales and creating traffic congestion and disturbing neighboring residences is a concern; therefore tracking the number of sales per year is the reason to add regulations to the resolution. The time involved for the zoning inspectors to follow-up on leftover signs posted on poles is minimal now, but adding new duties like checking on permits on weekends might create more expense than the permit fee would cover. Another suggestion would be to issue permits, but charge no fees as in the agricultural district. Also, if a permit were issued, it would need to be posted on the property during the event.

The current signage regulations will cover the potential regulations for garage/yard sales according to Mr. Mahood, Zoning Inspector.

When the new regulations are approved, it will be posted on the township’s website and added to the marquee at the town hall yard facing S.R. 44.

Another possible solution to charging fees that residents feel are not fair, might be to waive the fee for the permit for the first sale of the year but charge for any additional sales within the time period given in the regulations. The zoning inspector would still need to register garage/yard sales to keep a log of those who might possibly disregard the regulation concerning the number of sales per year.

To complete the proposed amendment for regulating garage/yard sales, a definition is needed. Portage County Regional Planning Commission suggested a definition is needed and the prosecutor’s office gave samples of wording from which to choose.

Karen Henry made a motion to forward a proposed amendment to create regulations for garage/lawn sales to the trustees after some slight modifications from what was originally submitted. (as follows in bold)

(definition): GARAGE/LAWN SALES: the sale of tangible personal property, which is advertised by any legal means where the public is or can be made aware of the sale, including such things as tag sales, auctions, estate sales, moving sales, and other personal property sales.

Section 310.09 – P. Garage/lawn sales (residential selling events). To include tag sales, auctions, estate sales, moving sales, and other personal property sales. Garage/lawn sales are limited to three (3) consecutive days per calendar month. See Section 420 regarding signage.

The zoning inspector will keep a log and maintain applications and money for the permit fees. The zoning commission recommends that the permit fee for the first sale be waived and sales thereafter will be assessed a permit fee of $10 each.

George Tishma seconded the motion. Voting as follows: Karen Henry, YES; George Tishma, YES; Helen Vari, YES; Bob Moses, YES; and AnneMarie Mullenix, YES – passed 5/0 This will now be forwarded to the trustees for their review and approval.

George Tishma made a motion to accept the September 19, 2011 Zoning Commission meeting minutes as presented. Helen Vari seconded the motion and all ayes were heard.

The next regularly scheduled zoning commission meeting will be November 21, 2011.

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

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Ann Marie Mullenix, Chair
Rootstown Township Zoning Commission

Judy Adamson, secretary