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.
The steps required by the Ohio Revised Code to adopt rural zoning are the most complex procedures required of local government. Reviews and public hearings are mandated as well as the referendum.
It is essential to assess the degree of general interest or concern of residents. Community concern can be assessed through a number of activities and entities. Various organizations have information on community issues. Radio and television stations periodically review community concerns. Elected and community leaders can assist with information gathering. Survey research among registered voters can achieve a reliable indication of current and long term concerns. Variations of public hearings can be utilized as an information gathering tool.
The vast majority of rural areas with zoning have used the township form. It is possible that county administered zoning maybe more effective and efficient; but in terms of controversy and emotion citizens often prefer to keep the decision making processes close to home and forego some of the economic efficiencies. Even with the county approach, rural zoning is accepted or rejected and more of majority vote in each township.
After a form of zoning is determined, the Zoning Commission along with supporting advisory and educational groups should be appointed. To enhance understanding of the proposed resolution and better representation across all segments of the population, many people should be involved on various levels of formulating the resolution.
The advisory committee can also serve as an educational coordinating group and steering committee. Citizen representation on the committee should be adequate enough to represent a broad cross section of persons living in the township or county. State law requires an accurate accounting of campaign funds. The use of tax monies is a legitimate expenditure when preparing a zoning resolution. However, volunteers do the majority of work.
It is very important to follow the specific procedures as outlined by the Ohio Revised Code. Legal challenges at the local level are often on procedural or technical grounds. The reverse order calendar is simply a planning guideline to meet all minimum requirements. Starting with the date the referendum is voted upon, compute the steps backward that are required for that referendum. The calendar provides target dates and absolute minimum time that is required for each step. It usually requires at least a year to accomplish all steps adequately. Reference for important dates and timelines can be found in the Ohio Revised Code, consultation with elected officials, consultation with Ohio Planning Association, the local planning commission, the local law library or other entities. Each of the following steps should be checked carefully:
The selection of the election date is critical. There are three options possible: primary, general, or special election. Special elections are very expensive. Primary elections that do not have any state or local issues would require the local government to open the polls for the zoning issue only.
The zoning commission and advisory committee should develop the proposed resolution in detail, weak or vague articles written with the intent to avoid controversy only cause problems in the future. The Model Zoning Regulations, 2nd edition, Ohio Department of Development, State of Ohio, is an excellent resource.
Many words taken for granted in daily conversation are the object of legal disputes. To avoid litigation, spell out terms in detail. Specifics are important because zoning resolutions have the force of law when adopted.
The first section to be developed is the purpose. If a comprehensive plan has already been developed, the zoning resolution can be a tool to carry out that plan. The zoning resolution may be studied far more carefully than the existing plan. The zoning commission should be flexible and alert to public reaction.
A controversial section of any zoning code are non-conformities. Should an existing structure become partially destroyed by fire or storm, can it be restored? What percentage must be destroyed before restoration is prohibited? These situations should be indicated in the resolution.
The five members of the zoning commission must hold legally advertised public hearings in each township where the zoning issue will be voted upon. The format of the hearing is to inform participants, rather than a debate of the merits. Debate is not prohibited, as it can be used for constructive purposes, if the discussion is kept to the issue at hand. Guidelines for conduct during the hearing should be distributed prior to the hearing. The text of the resolution should be available also. If any substantial changes are made to the text and map, a second round of hearings must be held. After the township or county officials accept the text they again hold a public hearing. If any substantial changes are made, the zoning commission may approve the changes. If the zoning commission disapproves, the county commissioners or township trustees may overrule if there is unanimous consent and another hearing is held. Finally, the resolution is filed with the Board of Elections at least seventy-five days prior to election day.
Voting is the responsibility of the citizens. If the proposal is defeated, an evaluation should be done. Several items should be considered: Was there opposition to a particular piece of the text? Would it pass if part was omitted or changed? Were voters knowledgeable?
If the resolution does not pass, the attempt should not be considered a failure. Voters exercise the right to decide on options for the future. If the process is conducted in a careful and precise manner, voters will not feel manipulated and should perceive that they are involved in the decision making process.
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