2006 Ohio Revised Code - 303.02. County regulation of land use in unincorporated territory; landscaping and architectural standards; modifications to ensure constitutionality of adult entertainment establishment regulations.

§ 303.02. County regulation of land use in unincorporated territory; landscaping and architectural standards; modifications to ensure constitutionality of adult entertainment establishment regulations.
 

(A)  Except as otherwise provided in this section, in the interest of the public health and safety, the board of county commissioners may regulate by resolution, in accordance with a comprehensive plan, the location, height, bulk, number of stories, and size of buildings and other structures, including tents, cabins, and trailer coaches, percentages of lot areas that may be occupied, set back building lines, sizes of yards, courts, and other open spaces, the density of population, the uses of buildings and other structures, including tents, cabins, and trailer coaches, and the uses of land for trade, industry, residence, recreation, or other purposes in the unincorporated territory of the county. Except as otherwise provided in this section, in the interest of the public convenience, comfort, prosperity, or general welfare, the board, by resolution, in accordance with a comprehensive plan, may regulate the location of, set back lines for, and the uses of buildings and other structures, including tents, cabins, and trailer coaches, and the uses of land for trade, industry, residence, recreation, or other purposes in the unincorporated territory of the county, and may establish reasonable landscaping standards and architectural standards excluding exterior building materials in the unincorporated territory of the county. Except as otherwise provided in this section, in the interest of the public convenience, comfort, prosperity, or general welfare, the board may regulate by resolution, in accordance with a comprehensive plan, for nonresidential property only, the height, bulk, number of stories, and size of buildings and other structures, including tents, cabins, and trailer coaches, percentages of lot areas that may be occupied, sizes of yards, courts, and other open spaces, and the density of population in the unincorporated territory of the county. For all these purposes, the board may divide all or any part of the unincorporated territory of the county into districts or zones of such number, shape, and area as the board determines. All such regulations shall be uniform for each class or kind of building or other structure or use throughout any district or zone, but the regulations in one district or zone may differ from those in other districts or zones. 
 

For any activities permitted and regulated under Chapter 1513. or 1514. of the Revised Code and any related processing activities, the board of county commissioners may regulate under the authority conferred by this section only in the interest of public health or safety. 

(B)  A board of county commissioners that pursuant to this chapter regulates adult entertainment establishments, as defined in section 2907.39 of the Revised Code, may modify its administrative zoning procedures with regard to adult entertainment establishments as the board determines necessary to ensure that the procedures comply with all applicable constitutional requirements. 
 

HISTORY: GC § 3180-1; 122 v 597; Bureau of Code Revision, 10-1-53; 127 v 363. Eff 9-17-57; 150 v H 148, § 1, eff. 11-5-04; 150 v H 411, § 1, eff. 5-6-05; 150 v S 18, § 1, eff. 5-27-05; 151 v H 23, § 1, eff. 8-17-06.
 

The provisions of § 4 of 151 v H 23 read as follows: 

SECTION 4. Section 303.02 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 411 and Am. Sub. S.B. 18 of the 125th General Assembly. * * * The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. 

The provisions of § 3 and 4 of H.B. 148 (150 v  - ) read as follows: 

SECTION 3. It is not the intent of the General Assembly in amending sections 303.02 and 519.02 of the Revised Code in this act to confer any authority on a county or township to preempt state law, including any statute requiring a person to obtain a permit, by including the "general welfare" of the public as a purpose for which a board of county commissioners or board of township trustees may adopt zoning regulations. 

SECTION 4. Nothing in this act allows or shall be construed to allow any county or township authority to establish a minimum price for a house or lot. 

 

Effect of Amendments

151 v H 23, effective August 17, 2006, added (B). 

150 v S 18, effective May 27, 2005, rewrote the first paragraph. 

150 v H 411, effective May 6, 2005, deleted "1509" following "Chapter" in the last paragraph. 

150 v H 148, effective November 5, 2004, rewrote the section.