Zoning and Land Use
Zoning restrictions can often place burdens upon agricultural
activities of landowners. This brochure seeks to help landowners understand what are permissible zoning restrictions that
can be applied to agricultural activities on their land.
County and Township Zoning
Both county and township governments
have the ability to set reasonable zoning
regulations. This power is specifically
granted to them through Ohio law.
However, both of these local authorities
are also restricted by the laws of the state,
and cannot exceed the limitations that
have been placed upon them by state law.
In general, state law has created a
very limited ability for county or township
governments to make zoning regulations
concerning agriculture.
Two similar statutes provide this
limitation to local governments. The
statutes prohibit these local authorities
from making any zoning regulations
concerning agriculture that apply to lots
larger than 5 acres.
On lots that are less than 5 acres and
located either in a platted subdivision or a
non-platted area that consists of at least 15
contiguous lots, local governments have
more flexibility regarding their zoning of
agriculture. Specifically, local authorities
can regulate:
• Any agricultural activities on lots that
are one acre or less.
• Agricultural building height, size, and
set-backs on lots less than 5 acres but
more than one acre;
• Animal or poultry husbandry or
dairying, on lots less than 5 acres, but
more than 1 acre when those lots are
in a subdivision which has at least 35
percent of the total lots developed.
Once 35% of the lots are developed,
any existing dairying or animal/
poultry husbandry will be considered
a nonconforming use.
County and township authorities
are also limited in their ability to exercise
zoning power over certain related
21