Logan County Sales Tax Seminar February 18, 2009 Presented by: Jenny R. Snapp, LUC Director A GRICULTURE E XEMPTION 1

Z ONING P OWER R ELATED TO A GRICULTURE Township zoning only has the power expressly granted by statute. (ORC) Township zoning authority is outlined in Chapter 519 of the Ohio Revised Code There is no similar agriculture exemption in the municipal zoning enabling statutes 2

A GRICULTURAL E XEMPTION F ROM T OWNSHIP Z ONING R EGULATIONS Ohio Revised Code confers no power to townships to: Prohibit the use of any land for agricultural purposes Prohibit the construction or use of any building or structures that are incident to the use of Agriculture on the property Townships may not require a zoning certificate for any such building or structure 3

519.01T OWNSHIP Z ONING – A GRICULTURE DEFINED As used in section to of the Revised Code, agriculture includes farming; ranching; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production. 4

E XAMPLES OF A GRICULTURE Farming or Ranching Horticulture, Viticulture, Aquaculture & Apiculture Dairy Production Production of field crops, including, but not limited to: Vegetables, Tobacco, Fruits, Shrubs, Trees, Flowers, Sod, Timber & Mushrooms Any combination of the uses described ORC

E XCEPTIONS TO THE A G E XEMPTION Townships may regulate agriculture in the following circumstances: In a platted subdivision In an area of 15 or more lots approved under subdivision law that are contiguous to one another even if divided by a road 6

E XCEPTIONS TO THE A G E XEMPTION In those circumstances, a township may: Regulate agriculture on lots of one acre or less Regulate building setback lines, height and size of buildings incident to agriculture on the land On lots of one to five acres, a township may regulate dairying, and poultry husbandry, provided that at least 35% of the lots in the area are developed. Townships may not regulate agriculture on any lot greater than five acres 7

O THER A G R ELATED E XCEPTIONS Farm Markets No power is granted to townships to prohibit the use of any land for farm market in any district, provided: 50% or more of gross income from the market comes from produce raised on operations owned or operated by the operator the farm market in a normal crop year. ORC (C) Exceptions: Zoning may regulate size of the structure, size or parking areas, building set back lines, and ingress and egress, IF the regulations are deemed to necessary to protect the health safety and welfare or the public. 8

L ARGE L IVESTOCK F ACILITIES The Ohio Livestock Environmental Permitting Program (LEPP) has additional restrictions on Township Zoning Authority: Owners or Operators of animal feeding facility that have permits or are operating under an approved plan through LEPP, shall not be required by any political subdivision to obtain, licenses, permits or other approval Confined Animal Feeding Operations (CAFO) are considered agriculture, as the ORC definition of Agriculture includes animal husbandry, including but not limited to, the care and raising of livestock, equine, and fur bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production. 9

A GRICULTURAL E XEMPTION I N T HE C OURTS Lexington Township v. OBrien Township sought the removal of van box that was being used as barn for a horse, deer & goats. Court held that the box was exempt as incident to agriculture. The court ruled that animal husbandry includes keeping of farm animals – breeding and selling of livestock is not necessary. Mentor Lagoons, Inc. v. Board of Appeals of Mentor Township The issue at hand in this case was the meaning of Animal Husbandry The Ohio Supreme Court ruled animal husbandry could extend to the keeping of horses. Therefore, a Township Zoning Resolution could not prevent the keeping of horses, even in a residential district. All references to court cases are cited from Ohio Planning and Zoning Law, 2008 Edition 10

A GRICULTURAL E XEMPTION I N T HE C OURTS Atwater Township v. Demczyk Agricultural Exemption used to allow the construction of a lake and track as incident to use to a horse training and breeding farm. Trumball County appeals court ruled that the harvesting of timber is an agricultural use, and not subject to township zoning Columbia Township Board of Zoning Appeals v. Otis Owner began offering haunted hayrides Later, owner incorporated themes, including actors, lights and sounds. Lorain County appeals court ruled that even if the original ride constituted and agricultural use, there came a point at which the activity evolved into something which could no longer fall within the definition of agriculture Result, not deemed an ag. exemption. All references to court cases are cited from Ohio Planning and Zoning Law, 2008 Edition 11

QUESTIONS? L-U-C Regional Planning Commission 9676 E. Foundry St. East Liberty, OH Jenny Snapp, Director Wes Dodds, Planner Kyle Hanigosky, Planner Heather Martin, Office Manager 12