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Townships still wary of new zoning clout
(by Joan Demirjian - September 03, 2008)
Townships still wary of new zoning clout
By JOAN DEMIRJIAN
The Ohio Township Association has notified local townships that they now have the power to zone for "general-welfare" purposes, including residential development.
The association is encouraging townships to take advantage of the measure by amending their zoning to include the provision.
If adopted by local townships in their zoning, they could include design, noise, property values, hours of operation, environmental and natural-resource preservation, buffering and screening, preserving historic structures and community character and open space when considering proposed developments. Unlike municipalities, townships have never had that authority.
Heidi M. Fought, director of governmental affairs for the Ohio Township Association, said that, prior to 2004, the Ohio Revised Code gave townships the authority to zone only for public "health, safety and morals."
Those purposes are more limited than the authority of municipalities. Cities and villages can zone for "public health, safety, convenience, comfort, prosperity or general welfare," Ms. Fought said.
The Ohio Township Association has worked as a proponent of the general-welfare provision for townships, she said. In 2004, the association worked with others, culminating in Ohio House Bill 148, which gave townships general-welfare powers.
However, an amendment was added to Senate Bill 18 that changed the general-welfare zoning for townships and counties. It rescinded the authority of townships and counties to use general-welfare zoning when regulating residential development, "basically stripping general-welfare zoning in residential areas," Ms. Fought said.
A lawsuit followed out of the Medina County Prosecutor's Office, challenging S.B. 18 for several violations of the Ohio Constitution, including the "single-subject" rule.
As a result, townships and counties regained the authority to zone for general-welfare purposes. They can use the zoning when regulating residential development without restrictions, Ms. Fought said.
However, some townships are taking a wait-and-see stance before changing their zoning to include the general-welfare provision. There is the possibility that the court's decision could be challenged and appealed to the Ohio Supreme Court, township officials said.
Bainbridge Trustee Matthew Lynch said general welfare would "give us significantly greater zoning authority."
The zoning commission would have to recommend to Township Trustees that the provision be included in the township zoning regulations.
Bainbridge Trustee Jeffrey Markley said the general-welfare provision, if it stands, would give the townships "tremendous flexibility."
Townships would have the ability to look at architectural review for residential development. That is something they have never been able to do.
Builders do not like townships to have that authority, because it increases their costs, Mr. Markley said.
"It would help our zoning," he said. "We could use environmental concerns as a defense." It would support existing zoning for large-lot zoning and riparian buffers, he said.
Signage and aesthetics could be considered when zoning issues come up, Mr. Markley said. "The general-welfare component gives a lot more flexibility in reviewing the applications."
Townships can make sure development is consistent with the character and quality of the community, Mr. Markley said. The provision also could be used for abating nuisances in zoning, he said.
State Sen. Timothy J. Grendell, R-Chester, had sponsored original efforts to give townships general-welfare zoning, Geauga County Planning Director David Dietrich said.
The zoning would put townships on an equal footing with villages and cities, he said. Larger townships, in particular, which are under pressure for development, could use the provision, he said.
It gives them more arguments at their disposal for residential zoning, including density, Mr. Dietrich said. Townships could turn to general welfare when a developer wants more density than the zoning permits, he said.
However, Mr. Dietrich is recommending caution to local townships on amending zoning now to include the general-welfare wording. The recent decision by the 10th District Court of Appeals could be appealed, he said. "We should give it until the end of the year."
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