[ back ]
Townships urged to strengthen zoning laws
(by Joan Demirjian - February 04, 2009)
Townships urged to strengthen zoning laws
By JOAN DEMIRJIAN
Local townships now have a long-sought zoning tool that will help them with issues that they could not otherwise zone for, including impact on public services by potential development activity and preserving open space.
Geauga County Planning Director David Dietrich said he is advising Township Trustees and zoning commissions to include the general-welfare provision in their zoning resolutions.
Cities and villages use general welfare when considering zoning issues, but townships have not had that specific authority given to them. They zone for health, safety and morals only, he said.
Mr. Dietrich is sending e-mails to the townships advising them it is now the prevailing law from House Bill 148. "I think everyone will want to put general welfare into their zoning," he said.
State Sen. Timothy J. Grendell, R-Chester, has been working with township representatives for five years to obtain the provision.
"There is no reason why townships shouldn't have the ability to zone for general welfare, when cities, some smaller than the townships, can," Mr. Grendell said.
Mr. Dietrich said the general-welfare provision for townships had been held up in a court case.
He had advised the townships not to move on adopting it into zoning until it was determined if it would be appealed to the Ohio Supreme Court.
Now, that appeal period has run out, so it is back to Ohio House Bill 148, that was approved in 2005, permitting general welfare for townships.
Mr. Dietrich said the "enabling phrase" relates to convenience, comfort, prosperity and general welfare, along with public health and safety, he said.
General welfare zoning could relate to maintaining stable property values, hours of operation and noise. "It's early and the issues will have to be sorted out as to how far townships may go in adopting regulations that advance general-welfare principals," Mr. Dietrich said.
No one can explain why "general welfare" was eliminated from the codes for townships in the 1950s, he added.
Bainbridge Zoning Inspector Michael Joyce said he received the county planning department's memo last week.
"It was unexpected and I'm happy about it, and we want to use it intelligently," Mr. Joyce said.
He said he is contacting the township's zoning commission and board of zoning appeals to find out if the members want to hold a session dealing with the new general-welfare provision.
"I've asked the boards if they want to meet with the planning director," he said.
"I want to move as quickly as possible on this," Mr. Joyce said. "It expands our ability to include that phrase in our zoning resolution.
"It allows us to defend our large-lot zoning better," he said. "We want the prosecutor's office and the planning director to advise us. I want good direction."
The hope is that it will give townships more authority and widen the reach over zoning areas and with large-lot zoning," Mr. Joyce said.
Mr. Grendell said general welfare "protects properties and aesthetics of a community.
"It allows township zoning authority over noise and hours of operation in residential areas," He said. With general welfare, townships can consider the impact of new development on current property values, he said.
The townships could have a say over issues that impact the quality of life, which could include issues of protection of environmental quality, Mr. Grendell said.
"It's basically quality-of-life issues, economics and aesthetics," he said.
Until now, health and safety were the only principals townships could use for zoning. "Otherwise, they are stuck," he said.
"General welfare is one more arrow in the quiver when townships are dealing with zoning," Mr. Grendell said.
[ back ]
