July 23, 2014 at 2:10 p.m.
Tower, fine OK'd
JC planning commission recommends tower be allowed
A county zoning advisory group has given its approval to a communications tower in Bearcreek Township that has already been constructed.
But not before recommending that the property owner be fined for ignoring local zoning laws.
Members of the Jay County Planning Commission voted Thursday to recommend that a four-acre parcel where the tower is located be re-zoned as commercial from its current agricultural classification.
But those same members, saying they couldn’t ignore a blatant violation of the law, also urged Jay County Commissioners to file an ordinance violation case with the local courts and recommend a $200 fine be imposed on Ralph Godwin of Celina, Ohio, the owner of the property located at 5183 North 450 East.
“The trouble is, you’re in violation of our (zoning) ordinance,” Gary Theurer, a member of the planning commission who is also a county commissioner, told Godwin. “The way I see it, we can’t let you off the hook.”
Thursday’s meeting had been continued from April 8. No action was taken April 8 because neither Godwin nor a representative were present.
Godwin, who still must get formal approval of the re-zoning request from the county commissioners and a height variance from the board of zoning appeals, said Thursday that he had overlooked the need for local zoning compliance.
“I wasn’t aware of anything I needed. I’m sorry that I didn’t. I should have come in and done that, but somehow or another I didn’t,” Godwin said.
The only member of the public to speak Thursday was Edwin Davidson, who lives near the tower. Davidson said he was in support of the tower and hoped that a cellular phone company would rent space on the tower to improve reception.
Planning commission attorney Robert Clamme told members that any motion to impose a fine on Godwin should be made separately from the request for re-zoning.
Voting to approve both the motion to recommend a fine of $200 (plus court costs) and the motion to recommend re-zoning the property were members Jerry Thornburg, Don Loy, John Knipp, Scott Hilfiker and Theurer. Planning commission president Jim Zimmerman also was present at Thursday’s meeting.
Godwin also will have to obtain a building permit for the tower, at a cost of $25.
Godwin said he would be at Monday’s county commissioners meeting at 9 a.m. in support of his re-zoning request.[[In-content Ad]]
But not before recommending that the property owner be fined for ignoring local zoning laws.
Members of the Jay County Planning Commission voted Thursday to recommend that a four-acre parcel where the tower is located be re-zoned as commercial from its current agricultural classification.
But those same members, saying they couldn’t ignore a blatant violation of the law, also urged Jay County Commissioners to file an ordinance violation case with the local courts and recommend a $200 fine be imposed on Ralph Godwin of Celina, Ohio, the owner of the property located at 5183 North 450 East.
“The trouble is, you’re in violation of our (zoning) ordinance,” Gary Theurer, a member of the planning commission who is also a county commissioner, told Godwin. “The way I see it, we can’t let you off the hook.”
Thursday’s meeting had been continued from April 8. No action was taken April 8 because neither Godwin nor a representative were present.
Godwin, who still must get formal approval of the re-zoning request from the county commissioners and a height variance from the board of zoning appeals, said Thursday that he had overlooked the need for local zoning compliance.
“I wasn’t aware of anything I needed. I’m sorry that I didn’t. I should have come in and done that, but somehow or another I didn’t,” Godwin said.
The only member of the public to speak Thursday was Edwin Davidson, who lives near the tower. Davidson said he was in support of the tower and hoped that a cellular phone company would rent space on the tower to improve reception.
Planning commission attorney Robert Clamme told members that any motion to impose a fine on Godwin should be made separately from the request for re-zoning.
Voting to approve both the motion to recommend a fine of $200 (plus court costs) and the motion to recommend re-zoning the property were members Jerry Thornburg, Don Loy, John Knipp, Scott Hilfiker and Theurer. Planning commission president Jim Zimmerman also was present at Thursday’s meeting.
Godwin also will have to obtain a building permit for the tower, at a cost of $25.
Godwin said he would be at Monday’s county commissioners meeting at 9 a.m. in support of his re-zoning request.[[In-content Ad]]
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