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 number of groups and individuals are involved in initiating and preparing a rural zoning resolution. This fact sheet will identify those groups, and briefly discuss their roles.
There are several groups of people and individuals involved in rural zoning decisions. They include:
This fact sheet will explore the roles of each of these in more detail.
Citizen involvement is important throughout the rural zoning enactment process. Before starting the enactment process, elected officials should obtain a wide range of opinions from the public. This kind of involvement is necessary to judge community attitude. If the process is not initiated by elected officials, members of the public may require that the process be started by presenting a petition signed by at least eight percent of the qualified voters residing in the area to be included in the resolution. A concerned public can halt or initiate and support the zoning process at both the township and county levels.
If a concerned public has convinced the board of township trustees that there is widespread support for proceeding with a township zoning effort, they can on their own adopt a resolution of intention to proceed. As stated earlier, if presented with a valid petition, they must proceed (Ohio Revised Code, Sec. 519.03). If a resolution to proceed is drafted, the township trustees "shall create and establish a township zoning commission" (Ohio Revised Code, Sec. 519.04). The selection of the zoning commission is very important because the members have the responsibility of preparing the resolution and presentation to the township voters. The township trustees will conduct hearings on the prepared resolution. It is essential that the trustees participate in the development of the resolution so there are no surprises when the resolution is presented. The township trustees should carefully follow Ohio Revised Code, Sections 519.01 through 519.99 so if passed, the resolution will not be "set down" in court due to a technicality.
The role of the board of county commissioners is similar to that of the township trustees. The sections of The Ohio Revised Code that specially addresses the role of county personnel are sections 303.01 through 303.99. One major difference is the amount of time needed for the resolution. A county zoning resolution is voted on a township by township basis and therefore, all townships must have a hearing. The legal process that details hearing notices and public input must be carefully observed.
The five member county zoning commission selected by the county commissioners then prepares a county-wide resolution. The selection of this commission is important to procure a broad base of support.
The prime role of the zoning commission (township or county) is to prepare a zoning plan complete with text and maps and submit it to the elected officials. A wide range of resources can be utilized for the preparation. Consultants, planning commission personnel, and other professionals all have pertinent information. For details of this process, Ohio Revised Code, Sections 303.05 and 519.05 as well as amendments outline the specifics Ohio Revised Code that should be known to all commission members. The preparation of this resolution should also include public opinion as much as possible. Input should not be limited to public hearings, rather, public input should be a continuous process.
The county prosecutor does not have a specific legal responsibility in the development of a rural zoning resolution. However, the county prosecutor's office may be involved in the enforcement of the resolution if passed. Therefore, to avoid future problems, time should be allotted for the Prosecutor's office to review the resolution and procedures used in developing it.
The five member Board of Zoning Appeals is the judicial branch of zoning. It resolves inequities to individual property owners. Zoning regulations cannot apply equally and fairly to all entities no matter how conscientious the text and map are drawn. The Board of Zoning Appeals should adopt formal rules of procedure and strictly adhere to those rules. All concerned parties must be notified and given the opportunity to state their case. The board bases their decision on law and facts, not emotion. The board must keep an accurate and detailed record of actions because the action may be appealed in court.
The zoning inspector is a key individual in the zoning process. The inspector directly contacts all individual zoning cases. The zoning inspector interprets the regulations for citizens and explains compliance provisions to avoid legal entanglement. The zoning inspector serves several roles in zoning administration. The young inspector is a liaison between the zoning commission, board of zoning appeals and the legislative body, an educator that conveys interpretation of the code to the public, and a legal officer to enforce zoning codes. However, the zoning inspector is an administrative position with no discretionary authority. The inspector enforces the ordinances adopted and amended.
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