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Zoning Code Laws

New management, a pandemic, and five years later, zoning to finally get an update

By Joanne Beck

Now that City Council has agreed to commit $75,000 for a zoning code update — through a vote taken during this week's business meeting — the city will be able to get up to speed with that part of its comprehensive plan.

The zoning code update was to happen about five years ago, but a change in management and the bane of everyone’s existence — COVID — came along to put a halt to those plans, City Manager Rachael Tabelski said during an overview of the need for funding. 

Rachael Tabelski
File Photo of City Manager Rachael Tabelski addressing City Council during a meeting. 
Photo by Joanne Beck

“Many of you remember when the city undertook the planning effort in about 2016-17 that culminated in the adoption of the Comprehensive Plan update. Among several recommendations in the plan, one of the significant recommendations was that we update our zoning code … we need to have flexible zoning if we are going to be able to have more housing in different areas than we've had in the past, specifically, if it's been an industrial or commercial area that might lend itself to housing,” she said. “So, as the manager at the time left, and we went through reorganization here at the city, I think it's time that we get back to this process and update, and this is just the zoning code update.”

She had provided that explanation during a previous council meeting, requesting that the $75,000 come from an unassigned fund balance and be put into a fund specifically for the purpose of updating the zoning code. 

“So we could move forward with the process. It would probably be a nine to 12 or 13-month process where we would have a formal committee that gets together. Typically, we'd like members of the existing Planning Committee and the Zoning Board of Appeals and citizens to be part of that committee,” she said. “We will do public outreach through the process. So it is a planning process. But in the end, you'd have an approval and a public hearing to change the zoning codes. So again, it's a long process, but long overdue, and we have had it as one of our goals from the Comprehensive Plan and the city's strategic plan for several years.”

A council member asked how she came up with the figure of $75,000, and she has been around other comprehensive studies that have cost at least that or double, she said, for the total plan and rezoning, “so I was thinking we plan to put it out for RFP, with our prequalified engineers, or open it up.”

“I haven’t made that decision yet, but I was hoping this would be enough to bring in the consultant to guide us through the process,” she said. “Because we definitely do need an expert sitting with us through the process, but with that, it would be staff members and, like I said, committee members and citizens that participate.”

Council voted on Monday to transfer the $75,000 from the general fund unassigned fund balance into a committed fund balance for the project of zoning code update and future land use planning.

This project will help to achieve the goals of the 2017 comprehensive plan update, in which the city outlined a future-use land map where new zoning regulations will dictate the form and use of properties within the city. 

Town of Pembroke Zoning Board of Appeals meeting on Wednesday, May 17, 2013

By Chuck Lowder

I attended the Town of Pembroke Zoning Board of Appeals meeting on Wednesday, May 17, 2013. One of the items on the agenda was in regard to a permit granted to Mr. Jeffrey Humel for his converted multi-apartment building located at 1633 Indian Falls Road in Corfu. Jeffrey Humel, who is already operating under a special use permit what was supposed to be a “storage only” business at this location, has now not only converted an old nursery warehouse into a 3-unit apartment building, but has allowed families to occupy two of those units without the proper permits or certificate of occupancies. When the Town of Pembroke became aware of the multi-family units and that they were occupied they notified Mr. Humel that he was not in compliance with town code and that he needed to remedy the violations. The town Zoning Enforcement Officer issued a "Notice of Eviction" to both tenants residing in two of the apartments.

Since then, a certificate of Occupancy has been issued to Mr. Humel so he could rent out one (1) apartment. Mr. Humel then allowed one of the tenants that were evicted before to move back in.

Using definitions found in the Town of Pembroke’s Zoning Law, a neighboring property owner’s attorney explained to the board the difference between a single unit dwelling and a multi-family dwelling. He also reminded them that since the principal use of the property is already operating under a special use permit, the town zoning law only allows for a single unit apartment not a multi-family dwelling. The board gave me the impression that it must not understand what the law means. Numerous times Board member David Sabato questioned the attorney’s statement about what the difference is between single-family and multi-family. A couple of times, the attorney stated it is in black and white and Mr. Sabato could follow along on the copy that he (the attorney) made for each board member to read. Zoning Board Chairman Nathan Witkowski raised the question as to whether or not there were multiple units in the building (Prior to this statement, Chairman Witkowski held up the layout plans for the build where everyone in the meeting could see the 3 units). He said it was “too bad that someone wasn’t there to represent Mr. Humel”. (Mr. Humel has a history of not showing up at previous board meetings to answer violations and issues.) Thankfully, Mr. Charles Reid, the issuing Zoning Enforcement Officer, was able to make it to the meeting. Mr. Charles Reid was the ZEO who issued the Certificate of Occupancy this spring and he was able to validate for everyone at that meeting, including Mr. Nathan Witkowski, that in fact there are three (3) separate apartment units in the old nursery building. He reported that he had been at the location a number of times, he inspected each unit and he signed the Certificate of Occupancy for apartment “B.” It became rather obvious that the board was not happy about admitting that there were 3 separate apartment units in Mr. Humel’s converted warehouse building, particularly when Board member Terrance Daniel said that all Jeff has to do is “knock out a wall between the apartments or put a connecting door between them and then they could fall under code as a single unit apartment.” After being asked again, Zoning Enforcement Officer Mr. Charles Reid reiterated that he indeed had inspected the inside of the made over building and there were in fact three (3) separate apartment units in it.

I got a very strong message that the members of the Zoning Board of Appeals were all in favor of allowing Jeff Humel to continue operating the multi-unit apartments along with his multi-commercial businesses even though this type of activity is not allowed in an agricultural/residential area per town zoning laws.

The board seemed reluctant, but the certificate of occupancy was rescinded by a vote of 3 – 2. David Sabato and Richard Doktor both voted "nay" while Terrance Daniel, Ronald Kasinski and board chairman Nathan Witkowski all voted "aye."

The Town of Pembroke has allowed Jeff Humel, dba Creekside Septic, Mike’s Roll Offs and Creekside Rentals (which includes rentals of port-a-johns and closed storage units) to operate multi-commercial businesses in an agricultural / residential zoned district since 2008. Not only are commercial businesses not allowed on secondary roads by town law, but it has aggrieved neighboring property owners as well. And now he wants to add apartments!

For complete documented information, please go to www.crlowder.com/pembroke/

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