What is zoning? Zoning regulates land by dividing land into districts or zones and imposes regulations on land, building, and uses within the district. Zoning is a means of avoiding land use conflicts between neighboring land uses. Zoning is a police power. As a police power, zoning must promote a valid public purpose. Chapter 303 of the Ohio Revised Code allows counties to implement zoning regulations in the interest of public health, safety, and in some cases general welfare. Zoning is created in accordance with a comprehensive plan. What is a Rural Zoning Code? A Rural Zoning Code regulates unincorporated (townships) land outside of municipalities (village, city). The Warren County Rural Zoning Code falls under the jurisdiction of the Warren County Commissioners, and includes five townships in the County (Franklin, Harlan, Turtlecreek, Union, and Washington). The Rural Zoning Code includes text applied uniformly to all five townships. The Rural Zoning Code also includes a Zoning Map showing zoning district boundaries in each township. What does a Rural Zoning Code contain? A Rural Zoning Code generally consists of two parts: text which conveys regulations and a map that shows zoning district boundaries. The text contains numerous chapters including, but not limited to definitions, general provisions, zoning districts, and administrative procedures. Other chapters are commonly included in the text include off-street parking, landscaping, signage, and site development standards. What can be regulated by the Rural Zoning Code? Building and other structure location, height, bulk, and number of stories. Lot coverage. Building set back lines, sizes of yards, courts, and other open spaces. Uses of buildings and land. Population density. Landscaping standards and architectural standards (excluding exterior building materials). Signs. -1- Why is the Warren County Rural Zoning Code being updated? The Warren County Rural Zoning Code was initially adopted in 1972. Since that time, the Rural Zoning Code has been amended on an as-needed basis. Updating the Rural Zoning Code protects the County from possible litigation due to changes in state law, court case law, technological advances and new development practices. Additionally, the population of the County is expected to continue to grow. An update to the Rural Zoning Code can help to promote economic development, achieve high-quality growth, and preserve the natural features and characteristics of the County. The Rural Zoning Code update will also aim to implement land use plans, promote flexible regulation, and be user-friendly. -2- How can I be involved or learn more? The Warren County Board of Commissioners invites public input and participation throughout the Warren County Rural Zoning Code Update process. Following are a number of ways in which you can learn more and become involved: Check the project web page regularly for schedule updates and meeting notifications at http://www.co.warren.oh.us/bldGinsp/rewrite.htm Submit questions/comments on-line using the form provided on the project web page. Submit your email address on the project webpage if you want to receive project updates and meeting notifications. Attend public Open House meetings planned during the months of April, May and June 2007. Attend public meetings and hearings during the adoption process. Will the Rural Zoning Code Update be consistent with the goals and objectives of a Land Use Plan? Yes, Warren County is finishing a year long effort to update the Warren County Land Use Plan for the five townships under County zoning. The Land Use Plan, like the Rural Zoning Code, promotes policies linked to the public health, safety, and general welfare. The Land Use Plan encourages the sustainable use of resources in accordance with their character and adaptability. Specifically, the Land Use Plan identifies desired arrangement and intensity of various types of development to: Balance the rights of the community with the rights of the landowner. Provide a broad mix of land uses for a good tax base. Provide a variety of housing types. Accommodate development based on population and market trends. Avoid overcrowding of land. Protect key and sensitive natural resources. Minimize congestion on public roads and streets. Ensure that land is suitable for development (soils, wells, etc.) or that it can be served by necessary public improvements (water, sanitary sewer). Ensure that land uses can be accommodated by public services and community facilities. -3- What is the difference between a Land Use Plan and a Rural Zoning Code? The most notable differences between a Land Use Plan and a Rural Zoning Code are listed in the following table. Land Use Plan Rural Zoning Code Development guide for the FUTURE Development regulation for TODAY Sets policy Establishes laws May be general Specific, follows property lines Flexible to respond to changing conditions Specific and often rigid standards Adopted/Amended by Rural Zoning Commission and Board of County Commissioners Adopted/Amended by Rural Zoning Commission and Board of County Commissioners Based upon ORC 713 Based upon ORC 303 Absence of a Land Use Plan puts County decisions at risk of invalidation if challenged as being arbitrary or capricious. As such, Rural Zoning Code regulations should be based upon Land Use Plan policies as mandated by ORC 303. -4-
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