In 1947, the Ohio General Assembly passed enabling legislation that allows cities, villages, counties, and townships to establish zoning. The procedures and methods and procedures to establish zoning are distinct. However, the content is the discretion of the people of the area. Ohio's law is very precise and detailed. The law is designed to involve the public in the zoning process.
Zoning regulation can be divided into two categories: unincorporated (rural) and municipal. This series of fact sheets will focus on rural zoning. Rural zoning concentrates on township and county zoning outside of municipalities (village, town, city).
Township zoning is the responsibility of township trustees. County zoning falls into the jurisdiction of the county commissioners. County zoning may include all or any number of townships in the county. County zoning includes a uniform zoning text administered county- wide. All zoning issues are accepted or rejected by referendum.
There are several different types of zoning districts. The types included in an area will depend on the complexity of the township's or county's development problem. Four major types that will be discussed here:
Agricultural districts are established by the individual landowner, not the voter. However, an agricultural district has an impact on planning and zoning for an area. While agriculture production does not prohibit other uses, production agriculture is protected by agricultural districts from nuisance complaints and assessments for public use. Two tests must be met for a landowner to enroll in an agricultural district.
1) The land must be devoted exclusively to agriculture or devoted to federal government land retirement or conservation program in the year of application and at least three years prior to year of application, and
2) The land is composed of tracts, lots or panels that total not less than 10 acres in size, or an average gross income of at least $2,500 during the past three years, or the owner can present evidence of an anticipated gross income of $2,500. Removing land from an agricultural district before the five year agreement will incur a recoupment penalty of 25% of the assessed value.
All or part of the land may be enrolled as an agriculture district. The district will continue for five years and then the owner can reapply for continuance of the district. There are other conditions concerning removal, annexation, and defferments in the Ohio Revised Code (929) that should be reviewed by planners, elected officials, and landowners.
Residential districts may be established in several categories depending on the type of development already established or anticipated. Factors that must be considered are:
The use of Cluster Development/Planned Unit Development and conditional uses are some methods that provide flexibility in zoning regulations. Distinctions in use are identified in zoning by use of density codes.
Land zoned for commercial use should be based on need for the establishments and not just on proximity to major thorough fares. Too often strip commercial development is permitted by zoning excessively large road frontages for commercial use. Service streets, performance standards, and conditional uses are part of the development planning.
Industrial districts may or may not be needed depending upon the location of the area to be zoned and its present mix of land uses. Areas properly zoned for industry is an additional incentive for industrial expansions well as new industry because the community indicates 1) it wants to protect its industry from possible nuisance suits from incompatible uses that could be established too near to the district and 2) it is providing "protected" land for future growth. Too often, more land than necessary is zoned for industrial use. Flexibility can be build into this type of zoning district by the use of performance standards for compatibility with non-industrial neighboring areas.
Within these districts or as a separate district, other uses or non-uses may be addressed. Parks and open space for non-designated recreation use. Flood plains may be zoned as restricted or non-use areas.
To best accomplish compatible uses, a comprehensive plan should be used as a guide. Compatiable uses within districts and in adjacent districts do not "just happen". Planners and leaders must comprehend long term strategies for development options to best meet the future needs of residents.
All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status.
Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension.
TDD No. 800-589-8292 (Ohio only) or 614-292-1868