Does "AG" Stand for "Agriculture" or "Anything Goes"

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Does "AG" Stand for "Agriculture" or "Anything
Goes"?

• The State of Agricultural Zoning in Ohio

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Motivation for Studying Township Zoning and
Agriculture

• Urbanization affects agriculture
• positively
• negatively
• Communities respond to growth and change with
  planning and zoning
• Communities seek assistance from Extension
  Educators
• Not much is known about the content of
  agricultural zoning in Ohio, or in the US

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Ohio Exurban Development
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Ohio Resources
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Zoning by Exurban Stage, 1997
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Township Zoning in Ohio

• Past and current studies focus on where zoning
  exists in rural Ohio
• OSU Extension, Zoning Survey and Ohio Rural
  Zoning Map, 1998
• Gough and Cowley, Zoning Survey, 2004
• What about how zoning exists in rural Ohio?
• What is the content of Ohios rural zoning?

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Study conducted by Clark and Hall Phase I

• Research Goals
• What role do townships envision for agriculture
  in their community?
• Review of ordinances conducted
• Describe characteristics of local zoning that
  relate to agriculture.
• How does this role vary across the state?
• Identify relationships between local zoning
  characteristics and a townships stage of
  exurbanization.
• Over 80 ordinances selected
• Region (NW, NE, Central, SW, SE)
• Level of exurbanization

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Regions used in methodology
Northeast
Northwest
Central
Southwest
Southeast
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Exurban Stage
rural
Most rural
Most urban
urban
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Typical Zoning Typology

• Exclusive
• Non-exclusive
• Large lot zoning
• Area-based zoning
• Fixed or sliding scale
• Other
• Agricultural buffers
• Cluster zoning

These all can be zoned AG. But how do they
function?
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Our Agricultural Zoning Typology

• How does the ordinance address agriculture?
• Zoning type assigned based on
• Purpose of the agricultural zone
• Preamble, intent language
• Actual function of the ordinance
• District regulationspermitted and conditional
  uses, zoning techniques

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Goals of Agricultural Zoning

• Used to be
• Food security
• Resource protection
• Now
• Rural lifestyle
• Promoting orderly growth
• Other resource protection
• Keeping housing away from CAFOs or keeping CAFOs
  away from housing
• Protecting a working landscape

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Agricultural Zoning Typology
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Agriculture is the sole purpose/ Preserves

• Green Township, Ashland County
• Prime Farm District
• Purpose To protect and preserve the prime
  agricultural lands in the township for
  agricultural use. To prevent or minimize
  conflicts between common farm practices and
  non-farm uses.

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Agriculture is the sole purpose/ Preserves

• Green Township, Ashland County
• Permitted Uses
• Agriculture
• Farm dwellings
• Home occupations, essential services, accessory
  uses
• Conditional Uses
• Non-farm dwellings for immediate family members
• Oil/gas wells, public and semi-public uses,
  commercial and custom butchering, cell towers

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Agriculture is the sole purpose/ Preserves

• Green Township, Ashland County
• Minimum lot size 1 acre
• Also has a General Farm District, aimed at
  protecting openness and rural character and
  providing areas for rural development.
• More permitted and conditional uses in this
  district, maintains a 1 acre lot minimum
• Also has a Rural Center District, to provide
  areas for convenience goods and services for
  residents of surrounding area.
• Last revised 1999

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Agriculture is the sole purpose/ Preserves

• Pittsfield Township, Lorain County
• Primary Agricultural Use District
• Purpose To provide for protection of
  agricultural economic uses from incompatible land
  uses and more intense development patterns which
  would deteriorate agricultural viabilityto
  provide an environment which encourages residents
  to continue farming investments

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Agriculture is the sole purpose/ Preserves

• Pittsfield Township, Lorain County
• Landowners must apply to be in a Primary
  Agricultural Use District
• 300 contiguous acres required multiple
  landowners may combine
• Landowners must commit to remain in the district
  for 10 years

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Agriculture is the sole purpose/ Preserves

• Pittsfield Township, Lorain County
• Permitted Uses
• Principal farm dwellings, relative farm help
  dwellings (2)
• General agricultural operations
• Forestry, vet clinics, home occupations,
  commercial nurseries, private kennels and
  stables, roadside stands, community supported
  agriculture, government facilities and public
  parks.

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Agriculture is the sole purpose/ Preserves

• Pittsfield Township, Lorain County
• Conditional Uses
• Development transfer area dwellings
• Farm help dwelling (1)
• Bed and breakfast (4 room maximum)
• Homestead retention dwelling
• Commercial uses cell towers, ag tourism,
  u-pick, family business, ag support services,
  exotic animal uses
• Churches

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Agriculture is the sole purpose/ Preserves

• Pittsfield Township, Lorain County
• Minimum lot sizes
• Dwellings 40 acres
• Vet clinics, kennels, stables, churches 5 acres
• Ag services 2 acres
• Cell towers 1 acre
• Residential Conservation Developments
• May seek rezoning for up to 16 acres for this
  type of development in a Primary Ag Use District.
• Last revised 2002

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Agriculture is the sole purpose/ Preserves

• Milford Township, Defiance County
• Agricultural District
• Purpose To preserve and protect the decreasing
  supply of prime agricultural landto control the
  indiscriminate infiltration of urban development
  in agricultural areas which adversely affects
  agricultural operations.

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Agriculture is the sole purpose/ Preserves

• Milford Township, Defiance County
• Permitted Uses
• Agriculture
• Public uses, public service facility,
  non-commercial recreation
• Conditional Uses
• Single family dwellings
• Sand/gravel/mineral extraction, quasipublic use,
  commercial recreation, cemetery, church, cottage
  business

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Agriculture is the sole purpose/ Preserves

• Milford Township, Defiance County
• Minimum lot size 3 acres
• Criteria for dwellings as conditional uses
• Must be consistent with goal of substantially
  preserving agricultural character of land, will
  not create excessive congestion of adjacent
  roads, will be adequately served by public
  utilities and services.
• Last revised 1997

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Agriculture is the sole purpose/ Protects

• Miami Township, Montgomery County
• Agricultural District
• Purpose To provide for agricultural activities
  and related uses and to protect and preserve
  areas of prime agricultural soils for continued
  agricultural and agriculturally related uses.

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Agriculture is the sole purpose/ Protects

• Miami Township, Montgomery County
• Permitted Uses
• Agriculture
• Single family dwellings on 20 acres or more
• Religious, public and educational uses on 3 acres
  or more
• Conditional Uses
• Certain dwellings on less than 20 acres
• Airports, cemeteries, animal facilities, riding
  academies, recreational uses, ag meeting halls,
  community buildings, rodeos, ag services, boat
  storage and sales, bed and breakfasts, cell towers

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Agriculture is the sole purpose/ Protects

• Miami Township, Montgomery County
• Minimum lot size 20 acres
• Also has a Planned Agricultural District for
  cluster housing (voluntary district)
• Last revised 2004

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Agriculture is the sole purpose/ Recognizes

• Liberty Township, Licking County
• Agriculture District
• Purpose
• To preserve and protect the decreasing amount of
  prime agricultural land, preserve and protect
  open space, wildlife habitat, forestry, water
  resources, and rural lifestyle
• To control the indiscriminate infiltration of
  urban development in agricultural areas, which
  adversely affects agricultural operations
• Land within this district shall not be viewed as
  land waiting to be developed, but instead, land
  that is currently being used for a viable purpose

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Agriculture is the sole purpose/ Recognizes

• Liberty Township, Licking County
• Permitted Uses
• Agriculture
• Single family dwellings
• Public parks and playgrounds, private stables,
  accessory uses and structures, home occupations.
• Conditional Uses
• Commercial stables and kennels, golf courses,
  animal hospitals, implement sales, feed and
  fertilizer sales, government buildings, schools,
  churches, cemeteries, mining, transient uses.

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Agriculture is the sole purpose/ Recognizes

• Liberty Township, Licking County
• Minimum lot size 2.75 acres
• Also has a Low Density Residential District
• Last revised May 2003

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Purpose includes agriculture/Recognizes

• Reading Township, Perry County
• Farm Residential District
• Purpose To preserve land currently used for
  agricultural purposes while allowing limited
  residential, business, and other development that
  would have a minor impact on the surrounding
  environment.

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Purpose includes agriculture/Recognizes

• Reading Township, Perry County
• Permitted Uses
• Agriculture
• Single family dwellings and temporary living
  spaces
• Accessory structures, signs, home occupations,
  roadside farm stands
• Churches and schools
• Conditional Uses
• Public and semi-public uses, cemeteries,
  airports, recreation facilities, clubs, animal
  hospitals, telecommunication towers, mining,
  commercial uses, adult entertainment, large signs.

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Purpose includes agriculture/Recognizes

• Reading Township, Perry County
• Minimum lot size 1 acre
• Only other district is a Residential District
• Last revised October 2000

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No Agricultural Purpose/Recognizes

• Deerfield Township, Warren County
• No Agricultural District
• Several Residential Districts
• Purpose To establish and maintain areas for high
  quality homes with varying degrees of population
  density.

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No Agricultural Purpose/Recognizes

• Deerfield Township, Warren County
• Permitted Uses
• Agriculture
• Dwellings
• Accessory uses
• Conditional Uses group homes, educational
  institutions, churches, government buildings,
  clubs, non-commercial recreation, cemeteries,
  stables, roadside stands, bed and breakfasts, day
  care facilities, hospitals, rest homes, mixed
  uses, offices, cellular structures.

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No Agricultural Purpose/Recognizes

• Deerfield Township, Warren County
• Minimum lot sizes
• Single Family
• Without central sewage ¾ acre
• With central sewage 14,000 sq. ft.
• Two Family
• Single 10,000 sq. ft.
• Two family 12, 000 sq. ft.
• Multi-Family
• Single 5,000 sq. ft.
• Two family and multi-family 12,500 sq. ft./2
  units 2,500 each additional unit
• Other uses 1 acre
• Last revised August 1997

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No Agricultural Purpose/Ignores

• No agricultural district
• Agriculture not mentioned as a permitted use in
  district regulations
• Separate Exclusionary Clause
• To the extent exempted under Section 303.21 of
  the Ohio Revised Code, nothing in this resolution
  shall prohibit the use of land for agricultural
  purposes or the construction or use of any
  building or structure incidental to such
  agricultural use. No zoning certificate for any
  such agricultural use, building or structure
  shall be required.

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Initial results cases chosen
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Expected results
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Expected results
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Initial results
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By Region
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By Region
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By Exurban Stage - purpose
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By Exurban Stage - function
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By Growth Stage - purpose
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By Growth Stage - function
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Observation thus far

• Previous typologies are not enough to describe
  how agriculture is considered in current codes.
• Unlike expectations, often purpose and function
  do not match.
• For as long as zoning has been in place in Ohio,
  one would expect creative approaches to be more
  pervasive for providing protections for
  agriculture.

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Observation thus far

• Compatibility issues Stated intent to protect
  ag from incompatible uses, but residential
  development is permitted, thus considered
  compatible?
• Regional and urbanization trends appear in this
  initial analysis.

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Recommendations

• Create a direct linkage between stated district
  purpose and the function of the district
• At minimum, for legal reasons
• Recognize the difference between productive and
  non-productive purposes of agricultural zoning
• Reframe agricultural zoning in terms of
  agriculture
• Explore agricultural zoning techniques that are
  creative and locally relevant
• Agriculture need not be limited to one zone

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Recommendations

• View ag zoning in combination with other non-ag
  zones
• Be more proactive with zoning
• Learn from others

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Contact

• The Ohio State University
• Department of Agricultural, Environmental and
  Development Economics
• Jill Clark - clark.1099_at_osu.edu 247.6479
• http//aede.osu.edu/programs/exurbs/
• Peggy Kirk Hall aglaw_at_osu.edu 247-7898
• http//aede.osu.edu/programs/aglaw/