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Two words defuse explosive situation
(by Joseph Koziol Jr. - December 23, 2008)
Two words defuse explosive situation
By JOSEPH KOZIOL JR.
Two little words are expected to close a loophole in Chardon Township zoning that would have created, literally, an explosive situation.
Those words, "or use," were added to a provision in the township's zoning code at the recommendation of Zoning Inspector Donald Mohney to avoid a situation that briefly concerned township officials late last year. They became part of a township zoning commission rewrite of the zoning code, which consisted primarily of clerical revisions and an effort to make the document more readable.
"The storage, sale or use of explosives or fireworks shall be prohibited," the new provision states.
Mr. Mohney said he requested the additional words after he was called on to deal with an Auburn Road property owner who briefly planned to start an explosives-testing company on an approximately 100-acre parcel.
He said the property owner had called the Chardon Fire Department near the end of last year to request permission to blow up a few tree stumps, using explosives. The fire department, in turn, notified Mr. Mohney to inquire whether such activities were permitted in the township.
At that time, he informed fire officials that such activities are permitted as an agricultural use, which is exempt from local zoning regulations in Ohio.
However, the situation changed about two weeks later, when the same property owner called to say he again wanted to use explosives. Only this time, Mr. Mohney said, the property owner said the explosions would be part of military testing on the property.
Township Trustee Michael Brown said there was a growing concern among nearby residents as regular explosions shook their homes.
Mr. Mohney was called to do a personal inspection of the property and speak with the owner.
He said he was able to view only about two acres on his visit, so it was difficult to determine whether the explosives were ever used to remove stumps. But, he said he did see an approximately 40-by-10-foot metal container and an M-1 military truck with a camouflaged exterior. The property owner was upfront and forthcoming about his plans for testing explosives there, he said.
Mr. Mohney said that, after explaining the township's concerns with such an operation, the property owner was cooperative and promised no further intrusions into the normally quiet neighborhood. The property owner kept his word, he said, and there have been no further reports of that activity on the property in the past year.
Mr. Mohney said, while that property owner was cooperative, there was a concern that another one could push the issue of bringing an undesirable operation into the township.
With the addition of the two words, officials said, they hope the law will be clear to anyone else looking to make money at the expense of the neighborhood peace.
The Geauga County planning commission, which reviewed the change in regulations, expressed a concern in a Nov. 14 letter that it may be difficult to enforce. "The enforcement of the use of explosives or fireworks may be difficult for the zoning inspector," Geauga County Planning Director David Dietrich said. "This is ordinarily addressed by law-enforcement officials."
Trustee Steven Borawski said there would be no problem with enforcement, because township officials will alert authorities if such a situation occurs again. "Enforcement will be a phone call," he said.
Mr. Mohney said that arrangement is fine with him. "I won't go knocking on someone's door if there are explosives involved. I don't want a Waco happening to me," he said, referring to an incident in Texas in 1993 in which more than 80 people were killed.
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