Kinsman Township Zoning Department
7890 State Rte 5
Kinsman, OH 44428
By appointment only.
Please call to schedule your appointment.
ENFORCEMENT OF ZONING REGULATIONS &
TOWNSHIP ZONING INSPECTOR
For the purpose of enforcing the zoning regulations, the board of township trustees may provide for a system of zoning certificates, may establish and fill the position of township zoning inspector, together with assistants as the board deems necessary, may fix the compensation for those positions, and may make disbursements for them. The township fiscal officer may be appointed secretary of the township zoning commission, secretary of the township board of zoning appeals, and zoning inspector, and the fiscal officer may receive compensation for the fiscal officer’s services in addition to other compensation allowed by law.
Effective Date: 10-01-1953; 12-20-2005 ORC 519.16
ZONING CERTIFICATE REQUIRED
No person shall locate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure within the territory included in a zoning resolution without obtaining a zoning certificate, if required under section 519.16 of the Revised Code, and no such zoning certificate shall be issued unless the plans for the proposed building or structure fully comply with the zoning regulations then in effect.
Effective Date: 10-01-1953 ORC 519.17
JUNK & JUNKYARD DEFINITION AMENDMENT
[RN2021-053] Greg Leonhard made a motion, seconded by Linda Miller, to add the following amendment to the current kinsman Zoning Resolution definitions, which includes language to strengthen the definitions of "Junk" and "Junkyard": "junk" as defined by ORC 4737.05(A) and junkyard as defined in ORC 4737.05(B)
Trustee adoption of amendment to zoning definitions language - Amended August 2020
Junk is defined as:
Per ORC 4737.05(A) old or scrap copper, brass, rope, trash, waste, batteries, paper, rubber, iron, steel, and other old or scrap ferrous or non-ferrous materials, but does not include scrap tires as defined in section 3734.01(ORC).
Per Kinsman Township to also include old cars, tractors, and lawn mowers in the classification of junk.
Junkyard is defined as:
Per ORC 4737.05(B) An establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying, or selling junk. Junkyard includes scrap metal processing facilities that are located within one thousand feet of the nearest edge of the right of way of a highway in the interstate or primary system.
Vote was as follows:
Greg Leonhard - Yes
Linda Miller - Yes
Fred Stahl - Yes
Passed this 26th day of April, 2021.
What is Zoning?
Much of the recent controversy over property rights revolves around the issue of ownership of land and the constraints imposed upon its use and development. The subject of increasing controversy is in the rural and urbanizing communities of America. Here, officials are wrestling with the challenge of how they can organize, control, and coordinate the process of development so as to protect the environmental, cultural, aesthetic, and fiscal character of the locality – while meeting the need for new housing, industrial facilities, and commercial growth.
Zoning is the most common technique local governments use to influence the location and density of development. A zoning ordinance has two parts: a text and a map. The text describes the different land use zones, density standards, allowable and non-allowable uses, development standards, and the administration of the process. The map shows the location of the various zoning districts. The ordinance is normally drafted by a community’s planning commission or planning department. Once the draft is ready, a public hearing is held. Finally, the plan commission recommends it to the legislative body, which may reject, amend, or approve the ordinance. Some communities have drafted or amended their zoning ordinances without referring to the comprehensive plan. Ignoring the comprehensive plan can render the zoning provisions invalid if they are challenged in court. The comprehensive plan, the zoning ordinance, and other land-use regulations must work together to achieve orderly growth.
What Can Zoning Do?Zoning Can: Assist economic growth by helping reserve adequate and desirable sites for industrial and commercial users. Protect property from inconsistent or harmful use. Protect individual property owners from harmful or undesirable uses of adjacent property. Provide orderly and systematic transition in land use that benefit all land uses through public hearings and local decisions. Help prevent objections to normal and necessary farming operations. Make the community more attractive by assisting the preservation of open space, unique natural resources, and natural terrain features. Inform residents where industry will be allowed to develop in an orderly fashion. Protect a community’s historic and architectural heritage. Provide standards for population density and traffic circulation.
What Can't Zoning Do?Zoning Cannot: Change or correct land uses already in existence. Prohibit farm buildings or interfere in farming decisions, such as crop or livestock selection. Establish higher development standards than the community desires. Guarantee that industrial, commercial, or tourism development will take place. Assure that land uses will be permanently retained as assigned under the zoning resolution. (Rezoning is possible in response to changing conditions and unanticipated opportunities.) Replace a building code. Assure the proper administration of the zoning ordinance.
Who Controls Zoning?Zoning is a purely a county, city, or municipal affair. Though such laws are somewhat universal, the classifications used to describe zoning are not uniform from place to place. For instance, it is not uncommon to find that zoning rules that apply to one part of the community are different in another part of the town, or that one town has a mix of residential uses with some commercial uses, but a neighboring community might outlaw such mix.
What Are Some Major Types Of Classifications?Classifications are not the same from place to place. The most frequently-used groups are: Commercial Industrial Residential Agricultural These groups may be used in various combinations. Within each of these general categories are more narrowly defined divisions. For example, a residential zone might be segregated into separate zones for single-family homes on one acre, single family homes on a half acre, hotels, boardinghouses, mobile homes, low-rise apartment complexes, high-rise apartment complexes, or institutional housing. An industrial zone may be zoned "heavy", "light", or "research". A commercial zone can be divided into small stores, shopping centers, gas stations, restaurants, drive-in facilities, adult-entertainment districts, and warehouses.
Is Zoning Permanent?No. A zoning classification is not set in stone. Do not assume that because you are in a residential-use-only zone that the 10-acre vacant lot sitting across the street cannot be built up as a rooming house, or dorm for college students. Zoning laws can be, and have been, relaxed and exceptions made.
How Do I Find Out What My Property Is Zoned?By dropping in at your local zoning office, city hall, or some other local planning board and asking for a copy of your local ordinance. Zoning ordinances and zoning maps are public records. In some localities, if you have a legal description of the property (name, address, tax map and parcel number), you can phone the appropriate zoning department or city hall or e-mail your request for information.
I Want To Change Or Use My Land In A Way Not Allowed By The Local Zoning Ordinance. What Are My Alternatives?Zoning ordinance will tell you what you can do with your property. Should the planned improvement or change you have in mind be considered a violation of the ordinance, consider these options: Modify your proposal to fit the zoning regulations of the land. Look for other land subject to zoning laws that permit your proposed use. Request that your land be rezoned which allows your proposed use or Apply for a variance, conditional use, or nonconforming use permit.
What Do All The Zoning Symbols, Such As R2 Or M3, Mean?Zoning symbols vary among communities. An R2 zone in one community is not necessarily the same as an R2 in another community. Frequently, communities use letters of the alphabet as code abbreviations to identify the use allowed in a physical geographic area, such as A for agricultural (or airport or apartments), R for residential, C for commercial, I or M (industrial or manufacturing) and P for park or parking lots. These symbols are usually followed by a number to specify the level of use; for example, the common generalizations are R1 for a single-family home, R2 for two-dwelling units, R3 for a apartment complexes, and so forth. Some communities may also designate another number to indicate certain square footage for that particular zone, as for example, R1-3 to signify a single-family dwelling with a lot size of less than 3 acres.
What Are Some Loss Control Steps Can Be Taken To Avoid Potential Financial Losses From Zoning Issues?Decisions of planning commissions, zoning commissions, township trustees, village and city councils regarding proposed amendments to the official zoning should be based upon legitimate planning issues and not influenced by peer pressure or public opinion. Reports and data should contain accurate and factual information, which can be relied upon by the appropriate decision-making body in determining what promotes the health, safety, and welfare of the community. Make sure that the zoning of property is consistent with an updated, comprehensive land use plan based upon a professionally prepared land use study. Some communities consider the zoning map to be the land use plan and often it is not based upon data which is reasonably current or consistent with other planning documents such as thoroughfare plans, water and sewer plans, traffic impact studies and demographic trends. The constitutionality of the zoning of property is more easily defensible if the zoning of the property is based upon a current comprehensive land use plan supported by appropriate data. The zoning of the property must permit some economic use of the property. The zoning need not permit a use which would enable an owner to derive the maximum amount of profit from the development of his land. However, on the other hand, the zoning cannot be utilized to prevent development by allowing only uses which are highly improbable or practically impossible, under the circumstances. A decision to deny an application for an amendment to a zoning map may result in allegations of a “taking” so as to pressure public officials into agreeing to judicially rezone property by means of a court order. The threat of a potential award of damage can cause public officials to negotiate a settlement by agreeing to some modification of the proposed development plan in exchange for a release of any claim for damages. Whereas this practice is generally not well-received by those in opposition to a proposed zoning change, realities may dictate that negotiations be undertaken to obtain the best possible project when the change of asserting a successful defense to a constitutional challenge seems doubtful.
In Conclusion...How well a zoning ordinance works depends upon beneficial public discussion and the decisions the planning commission, the zoning administrator, and the elected legislative officials make in responding to development proposals and proposed changes to the zoning text and map. These everyday decisions have far reaching effects that can be felt for many years. Planners and plan commission members must work wisely to best meet future needs of residents.
PERMITS & FORMS
These are just a few of the things you may need a permit for:
Changes to exterior shape of buildings
Any structure that is built on or moved onto your property
Handicapped accesses need permit and fees will be waived.
A Garage Sale Permit allows you to conduct your sale for four consecutive days. You are allowed up to four events per year. This does not include town-wide yard sale weekend. Town-wide yard sale weekend may be Thurs.-Sat., Fri.-Sun. or Sat.-Mon. Permits are $3.00 per sale.
You must come to the Zoning Office during set office hours to pay for and pick up your yard sale permit.
Contact us to receive your Garage Sale Permit by phone at 330.876.0391
LOREN HOPKINS | ANGELA MURPHY | PETE KOTANCHEK | RALPH BARKER | MARCIE CAMPBELL (NOT PICTURED)
The Zoning Board meets the third Monday of each month at 6:30p.m. at the Township Administration Building at 7890 State Route 5. The board does not meet during the month of December.
TOWNSHIP ZONING COMMISSION
The board of township trustees of any township proceeding under sections 519.01 to 519.99 of the Revised Code, shall create and establish a township zoning commission. The commission shall be composed of five members who reside in the unincorporated area of the township, to be appointed by the board. The board of township trustees may appoint two alternate members to the township zoning commission, for terms to be determined by the board of township trustees. An alternate member shall take the place of an absent regular member at any meeting of the township zoning commission, according to procedures prescribed by resolution by the board of township trustees. An alternate member shall meet the same appointment criteria as a regular member. When attending a meeting on behalf of an absent member, the alternate member may vote on any matter on which the absent member is authorized to vote. The terms of the regular members shall be of such length and so arranged that the term of one member will expire each year. Where there is a county or regional planning commission the board may appoint qualified members of such commission to serve on the township zoning commission. Each regular or alternate member shall serve until the member’s successor is appointed and qualified. Members of the zoning commission shall be removable for nonperformance of duty, misconduct in office, or other cause by the board, upon written charges being filed with the board, after a public hearing has been held regarding such charges, and after a copy of the charges has been served upon the member so charged at least ten days prior to the hearing, either personally, by registered mail, or by leaving such copy at the member’s usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the board and shall be for the unexpired term.
Effective Date: 07-22-1998 ORC519.04
RECOMMENDATIONS FOR ZONING PLAN BY COMMISSION
POWERS & DUTIES OF COMMISSIONS
The township rural zoning commission shall submit a plan, including both text and maps, representing the recommendations of the zoning commission for the carrying out by the board of township trustees of the powers, purposes, and provisions set forth in sections 519.01 to 519.99, inclusive, of the Revised Code, including additions to territory in which a township zoning plan is in effect.
The zoning commission may, within the limits of the moneys appropriated by the board for the purpose, employ or contract with such planning consultants and executive and other assistants as it deems necessary. The zoning commission shall organize, adopt rules for the transaction of its business, and keep a record of its actions and determinations. Members of the zoning commission may be allowed their expenses, or such compensation, or both, as the board may approve and provide. No township trustee shall be employed by the zoning commission of his township.
The zoning commission shall make use of such information and counsel as is available from appropriate public officials, departments, and agencies and such officials, departments, and agencies having information, maps, and data pertinent to township zoning shall make them available for the use of the zoning commission.
In any county where there is a county or regional planning commission, the zoning commission may request such planning commission to prepare or make available to the zoning commission a zoning plan, including text and maps, for the unincorporated area of the township or any portion of the same.
Effective Date: 09-17-1957 ORC 519.05
ZONING BOARD OF APPEALS
The Zoning Board of Appeals has their reorganization meeting at the end of January to elect officers and reconvenes during the year as needs dictate.
In any township which adopts zoning regulations the board of township trustees shall appoint a township board of zoning appeals composed of five members who shall be residents of the unincorporated territory in the township included in the area zoned. The board of township trustees may appoint two alternate members to the township board of zoning appeals, for terms to be determined by the board of township trustees. An alternate member shall take the place of an absent regular member at any meeting of the board of zoning appeals, according to procedures prescribed by resolution by the board of township
(Standing Left to Right) Kenneth Stafford & Robert Mullett
(Seated Left to Right) Alvin Sullivan & Nora Bennett
(Missing - James Huscroft)
trustees. An alternate member shall meet the same appointment criteria as a regular member. When attending a meeting on behalf of an absent member, the alternate member may vote on any matter on which the absent member is authorized to vote. The terms of all regular members shall be of such length and so arranged that the term of one member will expire each year. Each regular or alternate member shall serve until the member’s successor is appointed and qualified. Members shall be removable for the same causes and in the same manner as provided by section 519.04 of the Revised Code. Vacancies shall be filled by the board of township trustees and shall be for the unexpired term. The members may be allowed their expenses, or such compensation, or both, as the board of township trustees may approve and provide.
The board of zoning appeals may, within the limits of the moneys appropriated by the board of township trustees for the purpose, employ such executive, professional, technical, and other assistants as it considers necessary.
Effective Date: 07-22-1998 ORC 519.13
POWERS OF TOWNSHIP BOARD OF ZONING APPEALS
The township board of zoning appeals may:
Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of sections 519.02 to 519.25 of the Revised Code, or of any resolution adopted pursuant thereto;
Authorize, upon appeal, in specific cases, such variance from the terms of the zoning resolution as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the resolution will result in unnecessary hardship, and so that the spirit of the resolution shall be observed and substantial justice done;
Grant conditional zoning certificates for the use of land, buildings, or other structures if such certificates for specific uses are provided for in the zoning resolution. If the board considers conditional zoning certificates for activities that are permitted and regulated under Chapter 1514. of the Revised Code or activities that are related to making finished aggregate products, the board shall proceed in accordance with section 519.141 of the Revised Code.
Revoke an authorized variance or conditional zoning certificate granted for the extraction of minerals, if any condition of the variance or certificate is violated. The board shall notify the holder of the variance or certificate by certified mail of its intent to revoke the variance or certificate under division
of this section and of the holder’s right to a hearing before the board, within thirty days of the mailing of the notice, if the holder so requests. If the holder requests a hearing, the board shall set a time and place for the hearing and notify the holder. At the hearing, the holder may appear in person, by the holder’s attorney, or by other representative, or the holder may present the holder’s position in writing. The holder may present evidence and examine witnesses appearing for or against the holder. If no hearing is requested, the board may revoke the variance or certificate without a hearing. The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law.
In exercising the above-mentioned powers, the board may, in conformity with such sections, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end has all powers of the officer from whom the appeal is taken.
Effective Date: 07-22-1974; 04-06-2007 ORC 519.14
RULES MEETINGS & PROCEDURES OF BOARD
The township board of zoning appeals shall organize and adopt rules in accordance with the zoning resolution. Meetings of the board of zoning appeals shall be held at the call of the chairperson, and at such other times as the board determines. The chairperson, or in the chairperson’s absence the acting chairperson, may administer oaths, and the board of zoning appeals may compel the attendance of witnesses. All meetings of the board of zoning appeals shall be open to the public. The board of zoning appeals shall keep minutes of its proceedings showing the vote of each regular or alternate member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of township trustees and be a public record.
Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer of the township affected by any decision of the administrative officer. Such appeal shall be taken within twenty days after the decision by filing, with the officer from whom the appeal is taken and with the board of zoning appeals, a notice of appeal specifying the grounds. The officer from whom the appeal is taken shall transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed from was taken.
The board of zoning appeals shall fix a reasonable time for the public hearing of the appeal, give at least ten days’ notice in writing to the parties in interest, give notice of such public hearing by one publication in one or more newspapers of general circulation in the county at least ten days before the date of such hearing, and decide the appeal within a reasonable time after it is submitted. Upon the hearing, any person may appear in person or by attorney.
Effective Date: 07-22-1998 ORC519.5