Zoning is either illegal and unconstitutional or a matter of waking up and adjusting to the times, according to opinions aired Tuesday in Brookfield during a hearing on a proposed ordinance.

A five-member local zoning commission -- along with legal counsel Mark S. Finamore of Warren, and David Dubiago of the Trumbull County Planning Commission -- heard from opponents and supporters of the issue and a few in between. Some of their suggestions were adopted.

Local voters will have the final say on zoning in November if the ordinance is ready in time.

"Zoning is illegal because it can be changed," said long-time Brookfield resident Theresa Salow of Stewart-Sharon Road and state Route 7. "It's unconstitutional because no one can tell you what to do on your property."

She added, to applause, that: "Zoning is a blank check you can vote on so they can do what they want."

Robert Maskery of 1175 state Route 7 complained that instead of increasing the value of his business, The Toolshed, he has owned for 22 years, zoning would decrease it. "It would be in a non-conforming district that can't expand. That will de-value my property."

At Maskery's suggestion the commission added provision that business owners can expand their original premises by 25 percent.

Most residents were concerned with licensed and unlicensed junkyards and adult businesses, like strip clubs, book and video shops.

"I don't want any adult businesses in this area," said Sonya Black of Warner Road.

Municipalities can't legally prohibit adult businesses, which are protected by the First Amendment, but can regulate them with zoning, Finamore said.

"Currently without zoning, they can go anywhere, including residential areas," he said.

One resident asked if there were any such businesses in the township. Commission members said as far as they knew there weren't.

"Darn, I got some girls that want to dance," the resident said with a laugh.

Ellen Johnson of Ulp Street asked if zoning would help clean up junkyards on private properties, such as homes with two or more inoperable cars sitting on their lots.

"If they are in violation they would have to pay a fine or remove the junk," Finamore said, adding that Ohio has a public nuisance law that can be used to deal with that situation in the absence of zoning.

Annette Kochera of Lee Road also was concerned with the township's appearance.

"Thirty years ago, we were fine without zoning; people kept their properties neat, but now, after living over 30 years here, I see Pampers and junk in people's yards," she said. "I like Brookfield, but I'm not happy with living here. People need to wake up and adjust to the times."

Joseph Sassone of Youngstown, and an official in the Brookfield Conservation Club gave the commission a list of items that would require conditional use permits -- recreational areas, cemeteries, and homes for the elderly -- that are not included in the proposal.

"The zoning proposal just gave us all the information of what we can't do. But it doesn't give us any information about what we can do," he said.

The commission adopted his proposal, with minor revisions, into the zoning resolution.

They also added restrictions banning telecommunication towers, such as cell phone or radio towers, in residential areas, and prohibiting poultry slaughterhouses in industrial and manufacturing districts.

The proposed ordinance will be sent to the county planning commission for review. If the local commission doesn't hear from the county in 20 days, it is presumed accepted. A second hearing must be held after 30 days to give residents time to review the resolution and any revisions proposed by county planners.

The commission's aim is to get the resolution approved by trustees by the end of August and get it onto the ballot in November.

"I thought the meeting was very positive. I thought we had some well thought out input from people," said local zoning commission chair Chris O'Brien.

Brookfield voters have rejected zoning several times in the last decade.