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Perry zoning rules questioned

PERRY TWP. — Zoning regarding the parking of recreational vehicles (RVs) and the availability of township zoning rules came up twice Monday, once during a hearing to get public input for a zoning book update and again during the trustee meeting.

The township is currently working on updating the zoning through a company called Plan4Land, which has reviewed the current rules in place and assessed the most recent changes to zoning, along with looking at the zoning overall. The goal is to get the zoning updated and placed on the township website so people have easier access to the rules.

That access or lack thereof was raised as an issue by Kyle Schumacher and his wife Angela, who recently moved into the township and spoke during the trustees’ regular meeting. A question came up for them on their RV when Kyle said a neighbor took it upon himself to poll the neighborhood and give him a letter from his neighbors saying he needed to move the RV.

Then the township zoning inspector came to his property and said they were in violation of the zoning code and people were complaining about the RV. Schumacher said the inspector even told their daughter that if the RV wasn’t moved, the township would come and tow it and scrap it. He argued that copies of the zoning code should be readily available and that he should have received something in writing regarding the RV, questioning how the rules can be enforced when they’re not out there for people to see.

He also said Ohio has a public records act that demands information be available to the public. He said he prefers a complaint to be in writing, saying if it isn’t, are the rules being applied equally for everybody?

Zoning Inspector Allan Wolfgang said the township zoning book is available for review for free at the Salem Public Library and copies of the book are available for purchase for $5. Schumacher didn’t agree with charging for something the township is asking residents to comply with and questioned its legality.

Trustee Chair Cliff Mix explained that the zoning book will be changing due to the update, then it will be placed on the website, saying it will take several months before it gets all settled, possibly after the first of the year. Wolfgang said he misspoke regarding the RV, confirming that the township can tow it, but would place it in storage, not scrap it. He tried to explain that there’s a process he must follow and the first step is going to a property and talking to someone, which is what he did. Schumacher said that even a warning can be placed in writing.

“These are the things that scare me about small towns,” he said, adding that small towns “tend to run it any old way they please.”

If it’s in writing for all to see, he said the rules can be administered over all, uniformly.

The availability of the zoning book was raised during the hearing earlier, too, with a woman asking where she can get a copy. Wolfgang was the one who pushed the trustees to get a website with the idea of haivng the zoning rules online and accessible for everybody. The rules for the city of Salem are available on the city website.

During the public hearing, Rob Kaufman, of Highland Avenue, pointed out two concerns that should be addressed in the zoning: parking of recreational vehicles and parking of temporary moving containers. He said there should be a seven-day limitation on the temporary moving container.

According to township zoning for residential areas, trucks larger than 1 ton and recreational vehicles larger than 31 feet in length that can’t be stored in approved buildings due to their size shall not be parked on the premises. The rules also state that similar vehicles less than 31 feet in length can’t be parked between the house and the street, such as in the front yard. According to Wolfgang, the Schumachers’ RV is longer than 31 feet and was parked in the front yard area.

Also in the hearing, resident Al Hofmann said the township needs a more stringent way of getting properties cleaned up, talking about yards in disarray and garbage left out for over a year at one residence in foreclosure. He also thought the township already had rules for wind turbines, but Wolfgang said there had been an ordinance but not in the zoning book. He also said rules regarding propane tanks need looked at, too. Hofmann previously served the township as fire chief.

Comments made during the public hearing will be shared with the township zoning board and Plan4Land, additions to the zoning may be suggested and stated at another public hearing. Any changes will be presented in writing and discussed, with people able to give their opinions. The zoning board would have to approve, and then the trustees. The zoning board and board of zoning appeals plan to meet again on Thursday to review the Plan4Land assessment. The groups met last week also to discuss the zoning book.

mgreier@salemnews.net

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