90 Westchester Dr., Austintown, OH 44515	Phone 330-799-3241	Fax 330-270-1271

Zoning Do's and Don'ts

THE DO’S AND DON’TS OF TOWNSHIP ZONING
By:  Michael P. Kurilla, Jr., MA, Zoning Inspector

Zoning in Austintown Township was approved by the electorate in November, 1948, with the adoption of the first Zoning Ordinance and an official Zoning Map establishing six (6) zoning districts. The zoning districts comprise four (4) general categories, with sub-divisions within each of the general categories—agricultural, residential, business and industrial. Over the years, the Zoning Ordinance and Zoning Map have been amended by Township officials to reflect changes in the community; with the face of the 2008 Zoning Map illustrating eleven (11) specific zoning districts. The Austintown Zoning Ordinance Text was last amended in May 27, 2007.

Township zoning authority is rooted in Ohio state law, which permits a Board of Township Trustees to exercise a community power or “policing power”. The Trustees can establish, by means of a Township Zoning Ordinance, “minimum regulations”, to controll the orderly development and use of private property within the unincorporated Township. Fundamentally, the primary purpose of Township zoning authority is two- fold:  [1]  to control the use of the land for business, industry, residential, recreational, agricultural or other purposes; and [2]  to control theplacement of buildings or other structures on the land. The control of building placement includes such considerations as location, height, number of stories, square footage of floor area, set back building lines, size of yards, and open space areas.

The Zoning Ordinance text is available to the general public in book format, for a cost of $5.00, at the Zoning Office, 90 Westchester Drive, Austintown, Ohio, 44515, or can be found at the Austintown Township website:  www.austintowntwp.com, clicking on the “Zoning” link at the top of the home page. The specific rules and regulations for each zoning district are contained in the Zoning Ordinance text. The zoning district classification on the official Township Zoning Map can be verified using the Mahoning County GIS website link: www.mahoningcountyoh.gov, clicking on the “property search” link on the home page, and then the “map” layer.

One of the primary functions of the Township Zoning Office is the issuance of “Zoning Permits” authorizing new construction in residential districts for buildings, structural additions, fences, decks, and in –ground swimming pools costing or valued at “$50.00 or more”. Unlike residents of a city/village who can obtain zoning and building permits in a one-step visit, Township residents must follow a TWO-STEP process in obtaining permits for new construction improvements on residential lots. All fourteen (14) Townships in Mahoning County are serviced by the Mahoning County Building Inspection Department, which issues a “building permit” after a property owner/contractor first obtains the required zoning permit. The Mahoning County Building Inspection Department is located at 50 Westchester Drive, Youngstown, Ohio, 44515, in Austintown Township, 330-270-2894. Many residents state they do not understand why two (2) permits are required for new construction on their residential properties. The answer is quite simple—the permit of each local government jurisdiction, Township and County, regulate different aspects of the construction project. The Township zoning permit regulates the “use” and “placement” of the structure or improvement on the property; whereas the county building permit regulates the “building code” requirements, such as depth of building footers, trusses, roofing, windows, exterior siding.

The most frequently asked questions of the Zoning Department staff by residents concern whether a zoning permit is needed for a proposed improvement to their residential property. Both Zoning and Building permits ARE REQUIRED for any of the following construction improvements on a residential parcel: any room addition, an attached garage addition, detached garage, accessory building (shed), fence, in-ground swimming pool, above-ground swimming pool with a liner excavation depth more than two feet; change in “pitch” of existing roof, decks, open or enclosed porches, carports. Most residents are either unaware that a zoning permit is required, or presume it will be taken care of by their contractor for fences and accessory buildings (sheds). Ultimately, the property owner is responsible for securing the required permits for any new construction. This responsibility is often times buried in line “zz” of the work contract, nevertheless, once the work has been completed and the contractor gone; the property owner bears the responsibility for having obtained the permit and for having “properly placed” the improvement on the lot.

Zoning Permits are NOT REQUIRED for the following construction improvements on a residential lot, in that the Township deems these to be maintenance issues of the existing building, or not required by the Ordinance: reshingling of a roof; concrete driveway or sidewalk; above-ground pools having no subterranean excavation deeper than two (2) feet; residing of the dwelling exterior; window or door replacement; new spouting. Although there is no zoning permit required for these improvements, a county building permit MAY BE required. A resident can call the Mahoning County Building Inspection Department at 330-270-2894, to verify if a building inspection permit is required.

Why is it so important for a property owner to obtain the required zoning permit PRIOR to the start of construction? A property owner or contractor who starts construction without obtaining a permit can suffer serious financial and legal consequences. Two (2) examples will illustrate problems encountered by property owners who did not intend to deceive or circumvent the law, however, due to their lack of understanding of the zoning regulations, these property owners incurred extraordinary financial expenditures unnecessarily. In the first case, a property owner, whose property was located on a corner lot, installed a six foot stockade fence at the side street property line without obtaining a permit. In all residential districts, there is a difference in the fence regulations between interior and corner lots; with corner lots having to maintain a 16 foot or 20 foot setback from a side street property line. This regulation was adopted so as not to block the visibility of motorists coming around a corner or pulling out of a driveway on an adjacent lot.

In the second example, a property owner started construction of a detached private garage in the rear yard without a zoning permit. Instead of following the regulation which states a side yard setback of five (5) feet must be maintained, the garage was constructed only two (2) feet away from the side yard property line.

Upon complaints from adjacent neighbors in both of these cases, the Zoning Department had to issue “stop work” orders against the property owners and issue Notice of Violation orders. At this point, since the construction had already begun and a considerable amount of money expended, the property owners had two (2) alternatives: [1] obtain the zoning permit and adhere to the regulation, which would mean modifying the fence and garage to conform at some cost; or [2] file an appeal before the Township Board of Zoning Appeals to request a “variance” to authorize the structures to remain as placed on the lots. If the property owner chose the second alternative, and the Board of Zoning Appeals disapproved the variance request, these cases could find there way into the Court of Common Pleas. The reader can see that what started out as a simple mistake of not having the proper information, which could have been obtained by a five minute telephone call; ended up as a time consuming and financially expensive error. Instead off a $20.00 zoning permit fee; a property owner may expend several thousand dollars if the case moves to the Board of Appeals and court level.

In summary, a property owner should remember the following Do’s and Don’ts before starting a construction project:

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