Township to cite 'zombie nativity'

A citation for a zoning violation is expected to be issued for a zombie nativity scene in Sycamore Township.

Last year Jasen Dixon, 8555 Vorhees Lane, first put up his nontraditional nativity scene at his home in the Rossmoyne area of Sycamore Township. The nativity includes an accessory structure which he was informed last year presented zoning issues, Trustee Tom Weidman said.

“It’s an accessory structure. He doesn’t have a permit for it. It has nothing to do with what he’s got underneath the accessory structure. He can put a hundred zombies in his front yard if he wants. It’s none of my business. It’s none of our business,” Weidman said. “The fact of the matter is the guy’s got an accessory structure in his front yard. Which his illegal.”

Dixon’s unique nativity captured the attention of people around the globe in December 2014. It also caught the attention of township leadership resulting in warnings for two zoning violations – one for the size of the accessory structure in which the zombie nativity figures were displayed and the second for debris in front of the garage.

The nativity and debris were all removed before citations were issued.

Looking to avoid a similar situation this year, in early November Dixon began exchanging emails with Sycamore Zoning Administrator Harry Holbert. Last year’s structure exceeded 200 square feet, Dixon said. This year it’s under 70 square feet. He said that according to Hamilton County building codes if the floor area of a structure does not exceed 200 square feet, then it’s in compliance.

Not so, Holbert said. The county building guideline actually states that the floor area of an accessory structure should not exceed 120 square feet. The state building code references 200 square feet. However, neither rule applies here. Sycamore Township zoning rules are in place and the accessory structure does not meet township zoning guidelines as set forth in the zoning resolution.

Township guidelines prohibit accessory structures from being located in the front or side yard of a home and must meet specific setbacks. Township accessory uses and structures guidelines additionally state that a decorative feature located in a front or side yard cannot exceed five feet. The accessory structure on the Dixon front lawn is about 15 feet to its highest point, Holbert said.

The debris near the garage is also in violation of guidelines, he said.

Dixon was surprised to learn that the township was considering citations. He said that his understanding from conversations with Holbert indicated that the nativity would be fine if it was under 200 square feet. There was no mention that the structure needed to be under five feet, he said.

Holbert said that Dixon did submit an application on Dec. 1 to build an accessory structure in his front yard, which was denied on Dec. 2. The township’s zoning resolution prohibits accessory structures in the front or side yard, he said.

“Since the structure has already been built, he is in violation of the zoning resolution and as such, will be cited every day it remains up,” Holbert said.

The citation could cost Dixon upwards of $500 a day for each day he is in noncompliance, Township Administrator Greg Bickford said. It would be like a speeding ticket, a misdemeanor offense, he said.