Manchester Township board, planning commission discuss zoning at second joint meeting
By Sybil Kolon, Community Reporter Corps
On November 12 the board and planning commission met to receive an update on zoning compliance and enforcement from township planning consultant John Enos. This meeting was held in order to ensure there is a good understanding of these issues, and was a follow up to an initial joint board/planning commission meeting held in September. Six of seven planning commission members were present, as well as board members Danell Proctor, Ron Milkey, Mike Fusilier, and John Seefeld, who also serves on the planning commission. Carl Macomber, the zoning administrator, as well as Krista Jarvis, the incoming trustee, also were present.
Enos used a slide presentation to highlight important points. State law allows townships to plan and zone, based on a master plan which specifies the goals, objectives and policies about where development and other uses should occur. The Manchester Area Joint Master Plan was jointly adopted by the village and township in 2016. It needs to be reviewed in 2021.
Even if the village becomes a city, Enos pointed out, a joint master plan is allowed under state law. It was agreed that joint planning can provide benefits to both communities.
A key component of zoning compliance and enforcement is the zoning administrator, who is appointed by the township board. Macomber has been the township zoning administrator for many years. He is responsible for interpreting the zoning ordinance, doing inspections, issuing permits, identifying and processing violations. Prior to issuing a building permit, Macomber confirms the site plan conforms with the zoning, and then ensures the building was constructed according to the permit.
If an applicant disagrees with the interpretation of the zoning administrator, they may take the issue to the zoning board of appeals. If the decision of the ZBA is different than the administrator’s, the ZBA interpretation is then adopted by the administrator.
In 2009, the township board adopted Ordinance 82, which allows the zoning administrator to issue civil infractions. The first violation requires payment of $50. Continued non-compliance increases that amount to $125, then $250. Macomber has been using this approach and reports that it has worked as intended.
Macomber indicated many people are not aware of zoning requirements. His approach is to first inform the resident of the non-compliance, prior to issuing a civil infraction. Most people then correct the violation and no further action is required. If no action is taken, he can issue a civil infraction. If the non-compliance continues the township may take legal action. Prior to 2009, if compliance was not obtained voluntarily, without fines as an incentive to comply, legal action was the next step to enforce the zoning ordinance.
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