Zoning and Agriculture in Ohio

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Zoning and Agriculturein Ohio

• Peggy Kirk Hall, Swank Program in Rural-Urban
  Policy
• Jill Clark, Exurban Change Project

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Zoning in Rural Ohio

• Past and current studies focus on where zoning
  exists in rural Ohio
• OSU Extension, Zoning Survey and Ohio Rural
  Zoning Map, 1998
• Gough and Cowley, Zoning Survey, 2004
• What about how zoning exists in rural Ohio?
• What is the content of Ohios rural zoning?

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Our Zoning Project

• Project Goal
• To describe and analyze the content and
  characteristics of township and county zoning in
  Ohio.

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Our Zoning Project

• Research Goals
• Describe characteristics of local zoning that
  relate to development of agricultural land.
• Identify relationships between local zoning
  characteristics and a townships stage of
  exurbanization.
• Identify relationships between local zoning
  characteristics and the actual use of land.

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Phase I Agricultural Zoning

• Methodology
• 97 ordinances selected
• Selection criteria
• Region (NW, NE, Central, SW, SE)
• Level of exurbanization (Irwin typology)
• Review of ordinances conducted
• Phase I How does the zoning ordinance address
  agricultural land?
• 82 ordinances reviewed to date

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Regions used in methodology
Northeast
Northwest
Central
Southwest
Southeast
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Exurban Stage
rural
Most rural
Most urban
urban
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Typical Zoning Typology

• Exclusive
• Conditional nonexclusive uses
• Non-exclusive
• Large lot zoning
• Area-based zoning
• Fixed or sliding scale
• Other
• Agricultural buffers
• Cluster zoning

These all can be A (agricultural) zoning on
the face. But how do they function?
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Agricultural Zoning Typology

• How does the ordinance address agriculture?
• Zoning type assigned based on
• Purpose of the ordinance
• Preamble, intent language
• Actual function of the ordinance
• District regulationspermitted and conditional
  uses, zoning techniques

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Proposed 2-Step Typology
1. What is the purpose of the zone/district?
Exclusive Purpose
A Purpose
No Agricultural Purpose
2. What are the uses in the zone/district?
What is the technique used?
ag is sole use - voluntary
ag is sole use - mandatory
a major use of the zone/district
one of many uses of a zone/district
permitted as an incidental use
exclusion- ary clause
no mention of agriculture
ag is one of many uses
ag is sole use - conditional
four different functions permitted, prohibited
and conditional uses, techniques
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Examples of Zoning Resolution Language

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Exclusive Purpose,Mandatory District

• Green Township, Ashland County
• Prime Farm District
• Purpose To protect and preserve the prime
  agricultural lands in the township for
  agricultural use. To prevent or minimize
  conflicts between common farm practices and
  non-farm uses.

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Exclusive Purpose,Mandatory District

• Green Township, Ashland County
• Permitted Uses
• Agriculture
• Farm dwellings
• Home occupations, essential services, accessory
  uses
• Conditional Uses
• Non-farm dwellings for immediate family members
• Oil/gas wells, public and semi-public uses,
  commercial and custom butchering, cell towers

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Exclusive Purpose,Mandatory District

• Green Township, Ashland County
• Minimum lot size 1 acre
• Also has a General Farm District, aimed at
  protecting openness and rural character and
  providing areas for rural development.
• More permitted and conditional uses in this
  district, maintains a 1 acre lot minimum
• Also has a Rural Center District, to provide
  areas for convenience goods and services for
  residents of surrounding area.
• Last revised 1999

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Exclusive Purpose,Voluntary District

• Pittsfield Township, Lorain County
• Primary Agricultural Use District
• Purpose To provide for protection of
  agricultural economic uses from incompatible land
  uses and more intense development patterns which
  would deteriorate agricultural viabilityto
  provide an environment which encourages residents
  to continue farming investments

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Exclusive Purpose,Voluntary District

• Pittsfield Township, Lorain County
• Landowners must apply to be in a Primary
  Agricultural Use District
• 300 contiguous acres required multiple
  landowners may combine
• Landowners must commit to remain in the district
  for 10 years

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Exclusive Purpose,Voluntary District

• Pittsfield Township, Lorain County
• Permitted Uses
• Principal farm dwellings, relative farm help
  dwellings (2)
• General agricultural operations
• Forestry, vet clinics, home occupations,
  commercial nurseries, private kennels and
  stables, roadside stands, community supported
  agriculture, government facilities and public
  parks.

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Exclusive Purpose,Voluntary District

• Pittsfield Township, Lorain County
• Conditional Uses
• Development transfer area dwellings
• Farm help dwelling (1)
• Bed and breakfast (4 room maximum)
• Homestead retention dwelling
• Commercial uses cell towers, ag tourism,
  u-pick, family business, ag support services,
  exotic animal uses
• Churches

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Exclusive Purpose,Voluntary District

• Pittsfield Township, Lorain County
• Minimum lot sizes
• Dwellings 40 acres
• Vet clinics, kennels, stables, churches 5 acres
• Ag services 2 acres
• Cell towers 1 acre
• Residential Conservation Developments
• May seek rezoning for up to 16 acres for this
  type of development in a Primary Ag Use District.
• Last revised 2002

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Exclusive Purpose,Conditional Non-Ag Uses

• Milford Township, Defiance County
• Agricultural District
• Purpose To preserve and protect the decreasing
  supply of prime agricultural landto control the
  indiscriminate infiltration of urban development
  in agricultural areas which adversely affects
  agricultural operations.

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Exclusive Purpose,Conditional Non-Ag Uses

• Milford Township, Defiance County
• Permitted Uses
• Agriculture
• Public uses, public service facility,
  non-commercial recreation
• Conditional Uses
• Single family dwellings
• Sand/gravel/mineral extraction, quasipublic use,
  commercial recreation, cemetery, church, cottage
  business

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Exclusive Purpose,Conditional Non-Ag Uses

• Milford Township, Defiance County
• Minimum lot size 3 acres
• Criteria for dwellings as conditional uses
• Must be consistent with goal of substantially
  preserving agricultural character of land, will
  not create excessive congestion of adjacent
  roads, will be adequately served by public
  utilities and services.
• Last revised 1997

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Exclusive Purpose,Inclusive Uses Ex. 1

• Miami Township, Montgomery County
• Agricultural District
• Purpose To provide for agricultural activities
  and related uses and to protect and preserve
  areas of prime agricultural soils for continued
  agricultural and agriculturally related uses.

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Exclusive Purpose,Inclusive Uses Ex. 1

• Miami Township, Montgomery County
• Permitted Uses
• Agriculture
• Single family dwellings on 20 acres or more
• Religious, public and educational uses on 3 acres
  or more
• Conditional Uses
• Certain dwellings on less than 20 acres
• Airports, cemeteries, animal facilities, riding
  academies, recreational uses, ag meeting halls,
  community buildings, rodeos, ag services, boat
  storage and sales, bed and breakfasts, cell towers

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Exclusive Purpose,Inclusive Uses Ex. 1

• Miami Township, Montgomery County
• Minimum lot size 20 acres
• Also has a Planned Agricultural District for
  cluster housing (voluntary district)
• Last revised 2004

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Exclusive Purpose, Inclusive Uses Ex. 2

• Liberty Township, Licking County
• Agriculture District
• Purpose
• To preserve and protect the decreasing amount of
  prime agricultural land, preserve and protect
  open space, wildlife habitat, forestry, water
  resources, and rural lifestyle
• To control the indiscriminate infiltration of
  urban development in agricultural areas, which
  adversely affects agricultural operations
• Land within this district shall not be viewed as
  land waiting to be developed, but instead, land
  that is currently being used for a viable purpose

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Exclusive Purpose, Inclusive Uses Ex. 2

• Liberty Township, Licking County
• Permitted Uses
• Agriculture
• Single family dwellings
• Public parks and playgrounds, private stables,
  accessory uses and structures, home occupations.
• Conditional Uses
• Commercial stables and kennels, golf courses,
  animal hospitals, implement sales, feed and
  fertilizer sales, government buildings, schools,
  churches, cemeteries, mining, transient uses.

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Exclusive Purpose, Inclusive Uses Ex. 2

• Liberty Township, Licking County
• Minimum lot size 2.75 acres
• Also has a Low Density Residential District
• Last revised May 2003

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Agriculture as a Purpose,Inclusive Uses

• Reading Township, Perry County
• Farm Residential District
• Purpose To preserve land currently used for
  agricultural purposes while allowing limited
  residential, business, and other development that
  would have a minor impact on the surrounding
  environment.

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Agriculture as a Purpose,Inclusive Uses

• Reading Township, Perry County
• Permitted Uses
• Agriculture
• Single family dwellings and temporary living
  spaces
• Accessory structures, signs, home occupations,
  roadside farm stands
• Churches and schools
• Conditional Uses
• Public and semi-public uses, cemeteries,
  airports, recreation facilities, clubs, animal
  hospitals, telecommunication towers, mining,
  commercial uses, adult entertainment, large signs.

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Agriculture as a Purpose,Inclusive Uses

• Reading Township, Perry County
• Minimum lot size 1 acre
• Only other district is a Residential District
• Last revised October 2000

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No Agricultural Purpose, Incidental Agricultural
Use

• Deerfield Township, Warren County
• No Agricultural District
• Several Residential Districts
• Purpose To establish and maintain areas for high
  quality homes with varying degrees of population
  density.

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No Agricultural Purpose, Incidental Agricultural
Use

• Deerfield Township, Warren County
• Permitted Uses
• Agriculture
• Dwellings
• Accessory uses
• Conditional Uses group homes, educational
  institutions, churches, government buildings,
  clubs, non-commercial recreation, cemeteries,
  stables, roadside stands, bed and breakfasts, day
  care facilities, hospitals, rest homes, mixed
  uses, offices, cellular structures.

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No Agricultural Purpose, Incidental Agricultural
Use

• Deerfield Township, Warren County
• Minimum lot sizes
• Single Family
• Without central sewage ¾ acre
• With central sewage 14,000 sq. ft.
• Two Family
• Single 10,000 sq. ft.
• Two family 12, 000 sq. ft.
• Multi-Family
• Single 5,000 sq. ft.
• Two family and multi-family 12,500 sq. ft./2
  units 2,500 each additional unit
• Other uses 1 acre
• Last revised August 1997

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No Agricultural Purpose,Exclusionary Clause Only

• No agricultural district
• Agriculture not mentioned as a permitted use in
  district regulations
• Separate Exclusionary Clause
• To the extent exempted under Section 303.21 of
  the Ohio Revised Code, nothing in this resolution
  shall prohibit the use of land for agricultural
  purposes or the construction or use of any
  building or structure incidental to such
  agricultural use. No zoning certificate for any
  such agricultural use, building or structure
  shall be required.

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No Agricultural Purpose,No Mention of Agriculture

• Granger Township, Medina County
• No Agricultural District
• No mention of agriculture as a permitted use in
  district regulations
• No mention of exclusionary clause

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Initial Results

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Initial Results
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By Region
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By Region
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By Exurban Stage
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By Exurban Stage
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Observations Thus Far

• Regional and urbanization trends appear in this
  initial analysis.
• Few ordinances protect agriculture exclusively,
  but those that do are creative.
• Purpose and intent is not always consistent with
  actual function of a district.
• Differences between Agricultural and
  Residential districts is often difficult to
  discern, nominal only.
• Compatibility issues Stated intent to protect
  ag from incompatible uses, but residential
  development is permitted, thus considered
  compatible?

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Zoning and Agriculturein Ohio

• Peggy Kirk Hall, Swank Program in Rural-Urban
  Policy
• aglaw_at_osu.edu
• Jill Clark, Exurban Change Project
• exurban_at_osu.edu