PERRY TWP. — Trustees voted unanimously Tuesday to approve changes and additions to the Perry Township zoning ordinance as a roomful of residents looked on, but trustees made no comments and asked for none before taking the vote.

Later, resident Dan Bowers questioned trustees about the lack of discussion or opportunity to discuss or comment on the zoning changes, but all three trustees pointed out that a hearing to take comment from the public was held a week ago and was advertised.

Bowers said the actual changes weren’t highlighted until the story appeared in the newspaper last week after the fact, resulting in the roomful of people at the meeting Tuesday. He asked why they thought all those people were there.

Per the custom they’ve followed for several years, Trustee Chairman Cliff Mix asked people at the beginning of the meeting for their name and why they were there. Many residents, including Bowers, said they were there regarding the zoning, but none asked questions or made comment. Routinely, that’s when people bring up their concerns. Bowers told trustees he would wait until the issue came up in the meeting, but when it was time for the resolution, Mix conducted the vote and that was it. The resolution passed.

He said the changes and additions will become effective in 30 days. The additions included limiting garage and yard sales to twice per year, requiring approval for dog kennels and prohibiting breeding and caring for pigs, chickens, cattle and other farm animals on properties less than 5 acres in residential, business or industrial zones. Some of the changes included increasing the size permitted for garages in residential areas and rules regarding the nuisance caused by smoke from wood burners.

During the public hearing last week, Trustee Don Kendrick said they were “more or less going by Ohio Revised Code.”

He also said the changes and additions had been agreed upon by members of the township Zoning Board and the township Board of Zoning Appeals. Kendrick had previously served as both trustee and zoning inspector and worked on the zoning book. The current zoning inspector is Allan Wolfgang.

The changes listed on a document provided last week included: in R-1, garages shall not exceed 900 square feet (previously 768 square feet); in R-1A, garages shall not exceed 768 square feet (previously 500 feet); in all districts, garage, yard, moving sales can only be held two times in a 12-month period, up to four days per week, from 8 a.m. to 6 p.m., with no permit required; dog kennels must be approved by the zoning appeals board; and no burning of refuse, wood or coal that results in objective odors or fumes that endanger the health or property of others shall be permitted indoors or outdoors, such burning must be in the back yard in the center of the lot.

Under prohibited uses, the resolution said that the keeping of any animals that may be a danger to the health and welfare of the citizens are strictly prohibited. Land less than 5 acres in a residential, business or industrial zoning district cannot have animal husbandry (cattle, pigs, chickens, sheep, horses, llamas, cows, poultry) and shall not include the feeding and sheltering of animals exclusive of an adjacent residential property. Refuse, wood and coal burners shall not cause a nuisance in any residential district.

One rule for fences, wall hedges or shrubbery in R-1A that had been left out of the zoning book previously as an oversight was added back in, requiring they not exceed 6 feet and not extend in front of the setback line. New fences must be set back at least 1 foot from the property lot line. Questions had been raised during the public hearing by Wolfgang and a resident in attendance regarding items already in existence and whether they have to follow the new regulations.

Mix said they would be grandfathered, meaning if something was already in place before the rule was passed, then it would not have to adhere to the update, but on Tuesday he clarified that they would have to look into some of the questions, such as regarding the keeping of chickens. Kendrick said some of the rules already existed through the Ohio Revised Code.

In another zoning matter, trustees gave final approval for a change requested by Allen Road property owner Bill Slanker to rezone a couple acres from agricultural to light industrial so Quality Trailer could use the property for trailer storage. A variance had originally been requested to allow the parking of the trailers on the property without a zone change, but was denied by the Board of Zoning Appeals, which suggested seeking a change in the zoning. The Board of Zoning opted for light industrial.

During discussions, it was determined at least a 6-foot fence would be required and would have to be covered so nothing from the inside could be seen from the outside, but then trustees were told the stacks would be over 13 feet and visible above the fence, which would not be allowed.

A hearing before the Board of Zoning Appeals has been scheduled for 5:30 p.m. Oct. 18 on a variance requested regarding the setback and to allow the stacking of the trailers above the 6-foot fence and for there to be no covering on the fence.

In other business, Columbiana County Health Commissioner Wes Vins shared some information regarding monetary help available to residents for costs related to hooking into a sanitary sewer system. The county general health district has a $300,000 grant from the Ohio Environmental Protection Agency that can be used to pay for a contractor, to connect to a sewer system, pay for assessments and other costs. Awarding of money from the grant is based on income eligibility, for people with incomes up to 300 percent of the poverty level, which can be higher than people expect depending on the number of people in the household.

“I think it’s important that people realize those are available,” Vins said about the grants.

He also added that the county has a senior services levy in place where dollars may be available for senior citizens and there are federal dollars through USDA Rural Development and Community Housing Improvement Program. The county health district also has funds for septic system repairs. He suggested if any residents have questions about what’s available, they should call either him or the county health district’s Environmental Health Director Lori Barnes.

Kendrick questioned whether a home has to connect if within so many feet of a municipal sewer line, but Vins said it depends on many factors, such as whether there’s a problem with a failing septic system or whether the health department has declared the area a public nuisance due to failing septic systems. He also mentioned the space available for on-lot or off-lot discharge.

Sandy Capel questioned trustees about a road project for the installation of a turning lane at state Route 45 and Lincoln Avenue, but Mix said the township has received nothing from the state on that, noting it’s the state of Ohio doing it. He suggesting calling the Ohio Department of Transportation District 11 office. Kendrick suggested the county engineer’s office for guidance on who to contact.

In sign matters, Bowers asked about getting street signs replaced on streets in the area known as the Heights, such as Johnson and Michigan. Trustees also heard a thank you from a woman regarding a no parking sign that was installed in her neighborhood.

In police matters, trustees approved the hiring of Jonathan Smith of North Canton as a part-time police officer. Smith graduated from the University of Akron police academy and previously worked for the Mahoning County Sheriff’s Office and Apple Creek police department. He currently works as a bus driver for SARTA, the Stark Area Regional Transit Authority. When asked why he wanted to join the township department, he told trustees it seems like a nice area, not too far from home. Chief Mike Emigh said he’s still looking for one additional part-time officer.

The trustees agreed not to object to a proposed annexation by the Mark Shivers Trust involving 1.3456 acres of land on Benton Road involving two adjoining but separate parcels. Township Fiscal Officer Susan Johnston said everything around the property is located in the city.

The trustees also met in executive session for personnel at the end of the meeting, with no action to be taken.

The next trustee meeting will be held at 6:30 p.m. Oct. 23.

mgreier@salemnews.net