October 21, 2008 – 7:00 p.m.
Members present were Glen Johnstone,
David Ross, Nick Botean, Robert Murphy and Linda Zaleski, presiding. Also present was alternate, Ron Morrow;
Trustee, Doug Baum; Zoning Inspector, Sharon Perrine; BZA member, Louis Grooms;
Zoning Secretary, Carol Barto; and John Heppe.
Ms.
Zaleski opened the Hearing introducing the Board and stating the three items on
the agenda were amendments to the Zoning Resolution regarding Home Occupation,
Outdoor Furnaces and Small Wind Energy Systems.
I. HOME OCCUPATION
SECTION SEVEN, TITLE IV, (A) (37) (page 52)
HOME OCCUPATION
(37)
The
Commission reviewed the conditional use subsection for home occupation (37), as
requested by Zoning Inspector, Sharon Perrine and voted unanimously (5–0) to
adopt the following changes (marked in green)
at their meetings August 6 and September 22, 2008:
SECTION
SEVEN, TITLE IV, (A) (37), -- (page 52)
(37) Home
Occupation uses shall be permitted subject to the following conditions:
(a) Such use shall be conducted entirely within the dwelling unit,
and/or accessory
structure. (delete yard and replace with accessory structure)
(b) Such use shall be clearly incidental and secondary to the use of
the dwelling
for dwelling purposes.
(c) Such use shall be conducted by persons residing in the dwelling
unit and may include up to
2 non-residents. (delete only((after
conducted)) and add
and may include up to 2 non-residents)
(d) (delete
in entirety) There
shall be no display nor stock in trade nor commodities sold except
those which are produced on the premises.
(e) (delete in
entirety) No
newspaper, radio, or television service shall be used to advertise
such home occupation.
(f) One (1) unlighted name plate not more than four (4) square
feet in area, announcing
the name and home occupation shall be permitted.
(g) Such uses shall not create a nuisance by reason of noise, odor,
dust, vibration,
fumes, smoke, electrical interference, or other causes.
(h) Parking spaces shall be provided off-street for any traffic
generated by such
use.
The
Commission reviewed and discussed the following sections of the recommendation
from Stark County Regional Planning Commission:
STARK
5. “While
home occupations currently operating under existing regulations may not impact neighborhoods, the
proposed changes may be too intensive for home on smaller lots, such as those located in allotments
or mobile home parks.”
6. “This
amendment as proposed could drastically change the use of the property from residential to commercial without going through
the zone change process. Even though accessory structure coverage is limited
to 25 percent of the rear yard area, it is questioned
whether larger accessory structures would be built, or existing structures expanded, to accommodate a home
occupation.”
7. “Most
of the other townships have regulations regarding home occupations in residential districts, and most require
that this use be confined to the dwelling and do not permit anyone not living at the residence to be employed by
the home occupation. Other townships also do not generally permit
display stock or retail sale of items not produced
on the premises. While it is understood
that all townships are different and regulations
can differ from one township to another, when residents choose to live in a residential district of a zoned township,
they expect protection of their major investment.”
8. “It
is again suggested that township official consider whether home occupations
should be permitted in a mobile
home park, since additional parking or parking along the streets, operating a business, and/or
non-resident employees may violate the rules of the park.”
After reviewing SCRPC recommendations,
David Ross made a motion to adopt the changes as submitted to SCRPC, without
modification. Seconded by Robert Murphy.
VOTE: Glen
Johnstone Yes
David
Ross Yes
Nick
Botean Yes
Robert
Murphy Yes
Linda
Zaleski Yes
II. OUTDOOR FURNACE
ADD: DEFINITION: (Section Two, Page 13)
OUTDOOR FURNACE: Any
equipment, device or apparatus which is installed, affixed or situated outdoors
for the primary purpose of combustion of fuel to produce heat or energy used as
a component of a heating system providing heat to a principal residential
structure or any other site structure on the residential premises.
SECTION THREE, TITLE IV SUPPLEMENTARY REGULATIONS
ADD: Y. OUTDOOR FURNACES
Outdoor
Furnaces shall be considered as structures for the purpose of zoning
certificates and
shall be permitted in all zoning districts and subject to the following:
……restricted
to rear or side yard
……. minimum lot size of one acre.
…….Thirty
foot (30’) setback from all property lines.
……shall be
no closer than 150 feet from any building, not being served by the outdoor furnace on an adjacent parcel.
The
construction, plumbing and electrical requirements, inspection and other safety
facilities
shall be in compliance with all Federal, State, County and Local regulations and/or permits.
The
Commission reviewed and discussed the following sections of the recommendation
from Stark County Regional Planning Commission.
STARK
3.
“While the township has
increased the proposed setback for these furnaces in their residential districts, they still may not be
adequate to protect adjacent property owners.
It is also noted that the setbacks
may be decreased in commercial and industrial districts,
when adjacent to residential properties.” (Commission added item 4 above)
4. “Outdoor
Furnaces should also be added to the list of permitted uses in each
zoning district in which they will
be permitted.” (Commission discussed but thought it wasn’t necessary because of the first
paragraph above)
Robert Murphy made a motion to adopt the
above supplementary regulation with modification, adding item four (no closer
than 150’, etc.) and changing last paragraph from, shall be regulated by, to,
shall be in compliance with. Seconded by
Nick Botean.
VOTE: Glen
Johnstone Yes
David
Ross Yes
Nick
Botean Yes
Robert
Murphy Yes
Linda
Zaleski Yes
III. SMALL WIND ENERGY SYSTEM
ADD: DEFINITION: (SECTION TWO)
SMALL WIND
ENERGY SYSTEM: A wind energy
conversion system consisting of a wind turbine, and associated control or
conversion electronics, which has a rated capacity of not more than100 KW and
which is intended to reduce on-site consumption of utility power.
…………TOWER: The support structure, including guyed,
monopole and lattice types, upon which a
wind turbine or other mechanical device is mounted.
………….TOWER HEIGHT: The
height of the tower, measured from the natural grade surrounding the support pad to the tip of the
blade in a vertical position along the vertical axis of the tower.
………… WIND TURBINE: A device that converts kinetic wind energy
into rotational energy that drives
an electrical generator. A wind turbine
typically consists of a tower, nacelle body, power
center and rotor with two or more blades.
ADD: SECTION THREE – TITLE IV SUPPLEMENTARY REGULATIONS
X. SMALL WIND ENERGY SYSTEM
Small wind energy
systems shall be considered as structures for the purpose of zoning certificates and
shall be permitted in all zoning districts and be subject to the following:
……..restricted
to back or side yard.
Delete from 9/22/08 adopted regulation in entirety…….minimum setback shall be
110% of tower height.
…….minimum
lot size of one acre.
ADDED:
to 9/22/08 adopted regulation the following additional regulations:
……minimum setback from all property lines, structures, (not
to include other small
wind energy systems) and above ground utility lines shall be no less
than 110 percent of the tower height.
……anchor
points for guy wires for the tower shall be located no closer than 10 feet
to the property lines and not on or across any above ground electric transmission
or distribution lines.
……minimum
height from the base of the tower to the lowest part of the blade tip
or rotor system shall be 12 feet.
……the tower
shall have either: (a) tower climbing
apparatus located no closer than
12 feet to the ground level at the base of the structure; (b) a locked anti-climb
device installed on the tower; or (c) shall be completely enclosed with a locked fence at
least six feet in height to prevent uncontrolled
access from unauthorized personnel.
The
construction, plumbing and electrical requirements, inspection and other safety
facilities shall
be in compliance with all Federal, State, County and Local regulations and/or permits, and shall be installed,
operated and maintained per the manufacturer’s instructions.
The
Commission reviewed and discussed the following sections of the recommendation
from Stark County Regional Planning Commission.
STARK
1.
“The proposed amendment is
similar to the third part of an amendment reviewed and recommended for denial by the RPC last month. The only change made since then was to propose a setback of 110 percent of the
tower height.”
3. “RPC
staff prepared model amendments for small wind energy systems which were reviewed by the Prosecutor’s Office and
provided to the townships to be used as a guide. The
model amendments provided many regulations which would permit or conditionally permit these systems while protecting adjacent property
owners. The model regulations
included many safety requirements which are not provided for in the proposed amendment, including requirements
for an anti-climb device, setting a minimum
height for climbing apparatus or completely enclosing the tower within a fenced area; setbacks for tower guy
wires; establishing a minimum height above grade for the blade; and requiring that the systems be installed,
operated and maintained in accordance
with the manufacturer’s instructions.
After discussions with the Stark County
Building Department, it appears that none of the above mentioned safety features are governed by other
agencies.”
4. “The
amendment, as proposed, also does not limit the number of small wind energy systems permitted on a single tract.
Establish where setbacks are measured from (property
lines, other structures), or provide setbacks from other structures on the property or from utility lines.”
The Commission reviewed the suggested
changes and agreed to add the safety and setback recommendations from the
SCRPC. Those changes are included in the
above text changes (green).
David Ross
made a motion to adopt above regulations.
Seconded by Nick Botean.
VOTE: Glen
Johnstone Yes
David
Ross Yes
Nick
Botean Yes
Robert
Murphy Yes
Linda
Zaleski Yes
Nick Botean
made a motion to adjourn the Hearing.
Seconded by Robert Murphy.
Ms. Zaleski
re-opened the meeting to ask for any additions/corrections to the meeting minutes
of the Zoning Commission Hearing on August 25, 2008 and the Zoning Commission
Meeting on September 22, 2008. None were
noted. Minutes were approved.
Glen
Johnstone made a motion to adjourn the meeting.
Seconded by Nick Botean. The
meeting was adjourned at 9:02 p.m.
Draft……….Minutes have not been
approved