I need some help deciphering all of the legalese that I am looking at. We are considering purchasing a home that has .91 acre of property. I am trying to determine whether there is any chance of having chickens (or other small animals) on this parcel. I spoke with a zoning lady weeks ago who stated that they would not be allowed based on the zoning code saying you must have 50 feet between the animal housing and any property line. Since this property is only 100 ft wide, that would be impossible. However, as I was researching to see if that rule was actually in the zoning code (which it is), I have begun to question some other things I'm reading.
For reference, this lot is in an unincorporated township area so it is under the jurisdiction of the county. It is not in a platted subdivision.
The text of the zoning resolution states:
3.
(a) Except as otherwise provided in subparagraph (b) of this Section, nothing in these
regulations shall prohibit the use of any land for agricultural purposes or structures
incident to the use for agricultural purposes of the land on which such buildings or
structures are located and no zoning certificate shall be required for such building or
structure.
Section B
(b) The provisions of these regulations shall, in any platted subdivision approved under
Section 711.05, 711.09, or 711.10 of the Revised Code, or in any area consisting of
fifteen or more lots approved under Section 711.131 of the Revised Code that are
contiguous to one another, or some of which are contiguous to one another and
adjacent to the opposite side of the same dedicated public road, apply to and regulate
agriculture on lots of one acre or less; buildings or structures incident to the use of land
for agricultural purposes on lots greater than one acre but not greater than five acres by:
setback building lines, height, and size; dairying and animal and poultry husbandry on
lots greater than one acre but not greater than five acres when at least thirty five percent
of the lots in the subdivision are developed with at least one building, structure, or
improvement that is subject to real property taxation or that is subject
to the tax on manufactured homes under Section 4503.06 of the Revised Code. After thirty
fivepercent of the lots are so developed, dairying and animal and poultry husbandry shall be
considered nonconforming use of land and buildings or structures pursuant to Chapter
1, Section I and Chapter 9, Section G, 3 of these regulations.
This makes it sound like they only have the authority to regulate agriculture on lots of one acre or less if it falls under those subdivision definitions. Ohio Revised Code states very similar wording which limits the power of rural zoning authorities to prohibit or regulate agricultural uses-unless you are in a subdivision. Poultry husbandry is listed under the definitions of an agricultural use.
http://codes.ohio.gov/orc/303.21
Yet the county zoning code goes on to say:
7.
Keeping of Animals: no animals, except household pets, shall be kept on any parcel of less
than five (5) acres unless the building housing said animals is at least fifty (50) feet from any
lot line. This Subsection shall apply only to those parcels where the total landholdings of the
using party is five (5) acres or less, and shall not be construed to apply to individual pens,
pastures, or fields of less than five (5) acres if part of a larger tract of land devoted to
agricultural uses.
Doesn't this contradict the idea stated above that they will not regulate agricultural uses unless you are in a defined subdivision? All other accessory buildings are only required to be five feet from the property line.
I am so confused as to how they can say both of these things. Can anyone shed light on this for me or point me to what I am missing? Would appreciate help from anyone who is familiar with the ORC or just isn't as easily confused as me. LOL
For reference, this lot is in an unincorporated township area so it is under the jurisdiction of the county. It is not in a platted subdivision.
The text of the zoning resolution states:
3.
(a) Except as otherwise provided in subparagraph (b) of this Section, nothing in these
regulations shall prohibit the use of any land for agricultural purposes or structures
incident to the use for agricultural purposes of the land on which such buildings or
structures are located and no zoning certificate shall be required for such building or
structure.
Section B
(b) The provisions of these regulations shall, in any platted subdivision approved under
Section 711.05, 711.09, or 711.10 of the Revised Code, or in any area consisting of
fifteen or more lots approved under Section 711.131 of the Revised Code that are
contiguous to one another, or some of which are contiguous to one another and
adjacent to the opposite side of the same dedicated public road, apply to and regulate
agriculture on lots of one acre or less; buildings or structures incident to the use of land
for agricultural purposes on lots greater than one acre but not greater than five acres by:
setback building lines, height, and size; dairying and animal and poultry husbandry on
lots greater than one acre but not greater than five acres when at least thirty five percent
of the lots in the subdivision are developed with at least one building, structure, or
improvement that is subject to real property taxation or that is subject
to the tax on manufactured homes under Section 4503.06 of the Revised Code. After thirty
fivepercent of the lots are so developed, dairying and animal and poultry husbandry shall be
considered nonconforming use of land and buildings or structures pursuant to Chapter
1, Section I and Chapter 9, Section G, 3 of these regulations.
This makes it sound like they only have the authority to regulate agriculture on lots of one acre or less if it falls under those subdivision definitions. Ohio Revised Code states very similar wording which limits the power of rural zoning authorities to prohibit or regulate agricultural uses-unless you are in a subdivision. Poultry husbandry is listed under the definitions of an agricultural use.
http://codes.ohio.gov/orc/303.21
Yet the county zoning code goes on to say:
7.
Keeping of Animals: no animals, except household pets, shall be kept on any parcel of less
than five (5) acres unless the building housing said animals is at least fifty (50) feet from any
lot line. This Subsection shall apply only to those parcels where the total landholdings of the
using party is five (5) acres or less, and shall not be construed to apply to individual pens,
pastures, or fields of less than five (5) acres if part of a larger tract of land devoted to
agricultural uses.
Doesn't this contradict the idea stated above that they will not regulate agricultural uses unless you are in a defined subdivision? All other accessory buildings are only required to be five feet from the property line.
I am so confused as to how they can say both of these things. Can anyone shed light on this for me or point me to what I am missing? Would appreciate help from anyone who is familiar with the ORC or just isn't as easily confused as me. LOL
