A wedding venue facing two court cases with Miami Twp. over zoning issues is questioning a Montgomery County order to halt work at the facility.
The county has issued a stop work order for Stoney Hill Bed and Breakfast, saying its wedding venue violates Ohio code, records show.
“You have constructed a barn for use of a wedding chapel without first obtaining approval,” states the county’s June 25 order, a copy of which was obtained by this news organization.
“Use of this building must cease until all code requirements have been met and a certificate of occupancy has been issued.” .
RELATED: Wedding venue operator appealing Miami Twp. ruling as court date looms
A appeals hearing on the issue is scheduled for today.
The operator of the business on Upper Miamisburg Road has been charged in Miamisburg Municipal Court with violating Miami Twp. zoning codes.
Darren Powlette, 50, pleaded not guilty in May to a misdemeanor criminal charge that the venue violated a permitted use in an agriculturally zoned district. He faces a Nov. 26 trial date, court records show.
Powlette has questioned the township’s jurisdiction in the zoning issue because he said his business is qualified to operate under the Ohio Revised Code’s agritourism guidelines.
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He has filed an administrative appeal with. the county’s common pleas court, challenging the township board of zoning appeals finding that the venue’s “activities do not satisfy the definition of agritourism under” the Ohio Revised Code.
Court records list one attorney for Powlette in the county case and another in the Miamisburg case. Messages left with both were not returned Tuesday.
The county’s stop work order states Stoney Hill has built a barn “without any permits and inspections and (is) using it as (a) wedding chapel, which is a place of public assembly, and is regulated by the Ohio Building Code.”
RELATED: Miami Twp. zoning board upholds wedding venue owner’s citation
The county order outlines four issues of non-compliance by Stoney Hill and stipulates required actions. They include:
• Applying for construction of and use of the building
• Submitting construction documents bearing the seal “of a registered design profession” for review. Documents must contain “all information necessary” to obtain building compliance
• Inspection of all work
• Building use must cease until all code requirements are met and a certificate of occupancy has been issued.
RELATED: Wedding venue owner facing court charge: Miami Twp. has ‘no jurisdiction’
Complaints about Stoney Hill surfaced this spring when Miami Twp. residents raised issues about noise and patrons’ conduct at the facility.
A neighbor called authorities after he said members of a wedding party entered his property and petted his horses before his wife told them to leave.
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