Administrative hearing examines whether Stow code requires four-sided dumpster enclosures

Stow City Administrative Hearing Board members heard competing interpretations June 19 over whether Stow City Code requires refuse storage facilities at multifamily properties to be screened on all four sides. The dispute centers on section 11.69.06(f) and whether the code’s screening requirement applies as a four-sided physical enclosure or allows three-sided screening, landscaping or other configurations.

The planning department presented a packet of permits, site plans and photographs showing recent planning applications and approvals that, the department said, consistently list four-sided refuse screening for multifamily and commercial projects. “I think we show that’s been applied consistently and that the code is clear that it requires screen on all four sides of the dumpster facilities for multifamily,” Planning Department representative (Mr. Cowan) told the board.

Property owner and respondent Michael Wetzel (identified in the record as “Mr. Wetzel”) disputed that interpretation. Wetzel pressed that chapter 11.69 was drafted to apply in specific areas identified in the comprehensive plan and that the city historically accepted three-sided screening or landscaping in many places. “The whole chapter doesn’t apply,” Wetzel said during the hearing, arguing the…