July 23, 2014 at 2:10 p.m.

Commissioners OK tower zoning (4/19/04)

Tower has already been constructed

By By Mike [email protected]

A communications tower in Bearcreek Township that was constructed without local approval took another step toward gaining that approval this morning.

Jay County Commissioners this morning re-zoned a four-acre parcel along county road 450 East owned by Celina, Ohio resident Ralph Godwin. The property, which was formerly zoned agricultural/residential, is now zoned commercial — a requirement for sites where communications towers are placed.

The re-zoning request had been recommended for approval last week by the Jay County Planning Commission. The property is located at 5183 North 450 East.

On the same issue this morning, Commissioners Mike Leonhard, Gary Theurer and Milo Miller Jr. approved a motion to request that the Jay County Board of Zoning Appeals impose a $200 fine on Godwin for building the tower without zoning changes and without a building permit.

The planning commission had agreed last week to file an ordinance violation case against Godwin.

But commissioners’ attorney Brad Burkett said this morning that attorney fees in the case would exceed $200, if that amount was awarded by a judge.

The board of zoning appeals is given power in the county’s zoning ordinance to impose fines without going to court.

Godwin, who is using the tower for two-way radio communications, had it constructed in January. While he received approval from the Federal Communications Commission and the Federal Aviation Administration, he did not obtain the proper zoning or a building permit.

Also this morning, the commissioners talked with a potential applicant for the county’s septic replacement loan program.

Matt Weaver, 11141 West 600 South, Redkey, told the commissioners that his septic system needs to be replaced and that he has been turned down for a loan by several banks.

Weaver will need to obtain three estimates for the replacement.

The funds would be re-paid in 20 semi-annual installments, plus 10 percent simple interest.[[In-content Ad]]
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