Planning Commissioners' Procedures Manual - Hamilton County, Ohio

Zoning decisions are made daily throughout every county. Some of these decisions are well founded
while others are reactionary in nature and are less grounded in careful thought. These everyday decisions
have a far reaching effect in that most forms of land development last a minimum of twenty years and
often exist period of fifty to one hundred years.
Zoning Types
http://ohioline.osu.edu/cd-fact/0302.html
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 countywide.
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
• residential
• business
• industrial
Agricultural Districts
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