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Voters to weigh in on the fate of Deerfield zoning: "Yes' on Issue 29 would repeal code

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Diane Smith
October 28, 2009

 

By Diane Smith

Record-Courier staff writer

DEERFIELD — Voters will decide whether the township needs a zoning code when they consider Issue 29 on the November ballot.

A “Yes” vote on the issue would repeal zoning in Deerfield. A “No” vote would keep zoning. And if voters decide to keep zoning in place, another referendum could not be put on the ballot again for two years.

Miles Felmly, chief of the township’s fire departement, said he was part of the group that helped form the township’s original zoning code at the urging of Ralph Binkley, who was fire chief at the time. Now, although he didn’t initiate the referendum, he’s a supporter of the campaign to repeal the zoning code.

“It never was the intent at the time zoning was established to continually amend it over and over,” he said.

Felmly contends that enforcement of the code is inconsistent. 

“I know people who have had to tear down a foundation because it was a foot too close to the property line,” he said. “And other people were allowed to build too close to the line. Some businesses have been allowed to expand 1,000 percent, and other businesses that were not allowed to expand.”

In the 1980s, he said, there was a move to repeal the zoning code, and the township offered to fix the code to address the concerns. More than 26 modifications followed.

Although Issue 29 would not put a new zoning code in place, Felmly said he would support a new zoning code only if it could not be modified unless there is a vote by the people.

Trustee Mike Rach said he knows of no instances where zoning was enforced unfairly. If people disagree, he noted, they are free to appeal the decision to the Board of Zoning Appeals.

He said many amendments resulted from court decisions, which forced the township to make its regulations more specific. Others came about as a result of growth in the township.

“Now we’re talking about solar panels and windmills,” he said. “Who would have thought of that in 1979?”

 




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    Posted by May - Fong November 4, 2009
Wow what Rock is Rach living under... If he Knows of no instances of zoning being enforced unfairly.

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