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.
A study of court cases related to zoning shows that the underlying purpose must be to safeguard and promote the health, morals, safety, and general welfare of the community.
The purpose of zoning is to protect public health, safety, and welfare. For a zoning resolution to be legal, it must be wholly in the concept of general welfare. This means the zoning resolution must:
The "public purpose" is to prevent landowners or tenants from using their site to the detriment of the general welfare of the community at large. Actions that have no bearing on public health, safety, and general welfare are outside the scope of zoning.
Zoning regulation must be reasonable. For example, the size and location of signs may be regulated, but to ban them completely is considered unreasonable.
Zoning must not be confiscatory. If land is regulated to the extent it cannot be used for anything of economic value, the effect is to take the land. The courts have ruled that these regulations have exceeded the boundaries of power and are unconstitutional.
Ordinances must be uniform for each class of property throughout any zone. For example, all structures must be the same setback distance from the road in all townships. All housing developments must have the same distance of road frontage as all other housing districts in the same category.
Zoning is defined as the division of a jurisdiction into districts to enable the regulation of land according to the nature and use of the land in order to promote the orderly development of the area, and the protection of public health, safety and general welfare. Zoning permits the enjoyment of all property rights, so long as the owner does not infringe upon or impair the exercise of the same rights of others.
There are a few distinct differences between county and township zoning. The administration is similar, but carried out by different bureaucratic entities.
The county commissioners are responsible for county zoning. The administration consists of a county zoning inspector, a county zoning commission, and a board of appeals.
County zoning is enacted by the majority vote on a township by township basis. Zoning is only in effect in those townships where it is approved.
Master planning is conducted on a county or regional basis. It is logical that zoning should also be established on a county wide basis to provide for implementation of this planning. Utilities, roads, and similar public services are usually determined on a larger than township basis.
The township trustees are responsible for township zoning. As with county zoning, there is a township zoning inspector, a township zoning commission, and a township board of appeals. Each township will have its own resolution.
Townships have more control of development goals than counties. Responsible zonings within the township should coordinate with the planning direction of the county, yet retain the right to make decisions in the townships interest.
Rural zoning is a tool in the planning and development process. There are other tools for development that can be used with rural zoning to accomplish the goals and desires of community residents. Once the definition and purpose is established, rural zoning can be an effective tool for attaining the resident's goals.
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Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension.
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