KINSMAN
Zoning Department
Kinsman Township Zoning Department
7890 State Rte 5
Kinsman, OH 44428
P. 330.876.0391
Office Hours
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
Mark Posey
Zoning Inspector
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:
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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).
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Per Kinsman Township to also include old cars, tractors, and lawn mowers in the classification of junk.
Junkyard is defined as:
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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.
PERMITS & FORMS
These are just a few of the things you may need a permit for:
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Signs
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Fences
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New construction-homes
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Garages
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Other buildings
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Porches
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Steps
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Changes to exterior shape of buildings
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Agricultural buildings
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Any structure that is built on or moved onto your property
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Handicapped accesses need permit and fees will be waived.
GARAGE SALES
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
ZONING BOARD
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:
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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;
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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;
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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.
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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
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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