Name Street Address
City, State, Zip Code
Phone Number/ e-mail address
Senate
Building
1
Capitol Square, 1st Floor
Columbus,
OH 43215
(614)
466-8082
Greetings Senator Uecker,
My name is (name)and I am a resident of Miami Township in Clermont County, Ohio.
I am contacting you in hopes that you might be able to help me with a somewhat
odd zoning situation I am in with my township.
I will
try to keep this as brief as possible as I know your time is precious. My
family and I are avid gardeners and try to live as self-sufficiently as
possible. We believe in working hard for what we have and not relying on anyone
to provide for us but God and our own two hands. About 3 yrs. ago I was
researching our township’s rules on keeping chickens, etc., and stumbled across
an underutilized Ohio law found in Ohio Code 519.21.; which makes Ohio State’s
agricultural laws stand above township zoning restrictions. This law does not
apply to those in cities or villages and only in certain circumstances.
It states:
**519.21 Powers not conferred on township zoning commission by chapter.
**519.21 Powers not conferred on township zoning commission by chapter.
(A) Except as
otherwise provided in division (B) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the use of any land for agricultural purposes or the
construction or use of buildings or structures incident to the use for
agricultural purposes of the land on which such buildings or structures are
located, including
buildings or structures that are used primarily for vinting and selling wine.
About 3 yrs. ago I went to my township to ask if
we were allowed to get chickens. I was told by Lou Ethridge, the township zoning
administrator that at the time Miami Township did not allow them but that he
received a call at least once a week from people wanting to get a backyard
flock. He was working on getting an amendment passed because it would cost the
average homeowner $1200 to do so on their own. I began to research changing the
zoning restriction to allow backyard chickens and found that most of the cities
around us already allowed them including Milford, Loveland, Maderia, and Indian
Hill. Montgomery recently added an amendment and has a wonderful document
available online to help others change their laws.
After several visits over the course of 2 ½ yrs. the township zoning administrator kept saying that the amendment would go through on the election. However, we were disappointed each time to find that no resolution was even being drafted. Finally, in the spring of 2014 Mr. Ethridge told us to go ahead and get our chickens and that if our neighbors complained to send them to him.
After several visits over the course of 2 ½ yrs. the township zoning administrator kept saying that the amendment would go through on the election. However, we were disappointed each time to find that no resolution was even being drafted. Finally, in the spring of 2014 Mr. Ethridge told us to go ahead and get our chickens and that if our neighbors complained to send them to him.
I have been confused on the Ohio law 519.21
for a long time. We really like to work within the law so I contacted the
Ohio State Agriculture Legal department to ask for help in defining this law
and if we could avail ourselves of it. The experts there are not allowed to
give legal advice, per say, but they did clear up the meaning of this law that
does, in fact, supersede township law when it comes to agriculture or the
building of agricultural related structures in certain circumstances.
**When 519.21 Can Be Applied 1. If you own more
than 5 acres, this Ohio law applies to you and allows you to proceed with any
agriculture, including animal husbandry.
2. If you have less than 5 acres BUT *and here is
where the tricky part comes in* you don’t live in a platted subdivision or
your property was not part of 15 or more lots divided under 711.131, then
this law still applies to you.
I live on a little over an acre that has been in my family since the 1940’s. I went down to the Clermont County tax map office and asked what, exactly a platted subdivision was, and we were told it’s - a regular subdivision. I then asked if our plot was ever divided under 711.131 of 15 or more lots (which I was almost certain it wasn’t but wanted to be 100% sure) and I was told that our lot is an island to itself and has never been a part of any subdivision or division of multiple lots…
**Ohio Revised 519.21 When the township may regulate agriculture (they cannot regulate agriculture if a property does NOT fit in one of these 2 circumstances) (B) A township zoning resolution, or an amendment to such resolution, may in (1) any platted subdivision approved under section 711.05, 711.09, or 711.10 of the Revised Code, (2) 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 one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road regulate:
I live on a little over an acre that has been in my family since the 1940’s. I went down to the Clermont County tax map office and asked what, exactly a platted subdivision was, and we were told it’s - a regular subdivision. I then asked if our plot was ever divided under 711.131 of 15 or more lots (which I was almost certain it wasn’t but wanted to be 100% sure) and I was told that our lot is an island to itself and has never been a part of any subdivision or division of multiple lots…
**Ohio Revised 519.21 When the township may regulate agriculture (they cannot regulate agriculture if a property does NOT fit in one of these 2 circumstances) (B) A township zoning resolution, or an amendment to such resolution, may in (1) any platted subdivision approved under section 711.05, 711.09, or 711.10 of the Revised Code, (2) 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 one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road regulate:
(1)
Agriculture on lots of one acre or less;
(2) 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: set back building
lines; height; and size;
(3) Dairying
and animal and poultry husbandry on lots greater than one acre but not greater
than five acres when at least thirty-five per cent 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 and mobile homes under section 4503.06 of the Revised Code. After thirty-five per cent 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 section 519.19 of the Revised Code.
Division (B) of this section confers no power on
any township zoning commission, board of township trustees, or board of zoning
appeals to regulate agriculture, buildings or structures, and dairying and
animal and poultry husbandry on lots greater than five acres.
Here is the issue I am now facing: My family and I get along famously with all of our neighbors. My sister and I run a pet sitting business and we go into many homes around us and care for their animals. We have random strangers stop by to tell us they love our yard, all the flowers, the garden, and all we are doing. It’s wonderful to live where we live!
However, we have one neighbor who recently (as of
2 yrs.) built a house LITERALLY IN OUR BACKYARD, on an irregular angle, (the
house does not face the street), facing right into our backyard. In fact, he
has an easement that runs the entire length of our backyard. We took steps to
try to stop this invasion of privacy that including planting tall grasses and
tall privets along our fence. Yet, we left a small section open for our
immediate neighbors and their children to come to our fence and chat and pet our
dog.
In early spring this year we received a “courtesy
violation” that mentioned our chickens, a tent we have housing our lawn/garden
equipment, and a pile of wood… Yes, we were cited for a pile of wood. Of
course, we never want to make anyone upset and we work hard to make our yard
beautiful and aesthetically pleasing. Spring had just come and we immediately
set about to do our spring yard clean up faster than ever, putting down mulch,
weeding, planting annual flowers, and doing all the cleaning after the paleness
of winter.
We then went up to our township administrator and
politely gave them a copy of Ohio 519.21 and told them we like to do everything
we can within the law and that this law allows for us to have agricultural
buildings and keep animals such as chickens. I politely told them that even if
it didn’t, the previous township zoning administrator, Mr. Ethridge, (who has
recently had been hired on by Goshen), gave us express permission. The stand in
zoning administrator told us they would have “legal” look into it after we ran
into confusion over the part that stated “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 one side of a
dedicated public road, and the balance of which are contiguous to one another
and adjacent to the opposite side of the same dedicated public road regulate:”
After speaking with the County Tax Map Office I
was sure of what this meant, “a property that was divided as a group of 15 or
more”, but the outgoing township admin, Larry Fronk, (who is now retired as of
5-29-2015) was quite confused.
I then went home to look up Ohio 711.131. once
again. 711.131 Approval without plat.
It is a law pertaining to division of land by approval without a plat and my property does not fall in this category, especially considering it was never part of 15 or more lots in a division.
http://codes.ohio.gov/orc/711.131
Over the course of the next 40 days, our back neighbor, (complainant name), has continued his backyard neighbor spying, and harassment to the township. Because of his pressures, the township has singled us out of 1,000's of Miami Township residents and put us under some sort of surveillance. We know this because we were sited with a second “courtesy violation” May 26, 2015 with a longer list of absolutely ridiculous pettiness. This is violating our right to privacy. After reading the crazy list of supposed violations, we have come to the conclusion that this is not only an invasion of privacy but also harassment. (complainants name) harasses the township and they in turn are harassing good law abiding citizens.
One of the women at the township said that any time “Name”, the complainant, calls her (which we were told is multiple time a week,) he is so abusive to her that she wants to cry.
Petty Violations
I don't know anyone who has not left a gas can
out to be filled the next day, but we, of course, would be the only ones cited
for it. One of the 5-26-2015 “violations” was "GAS CAN" not put away.
Yet, on the day of the notice the gas cans were actually put away. How did the
inspector know any gas can were left out?
We ask that you research it, so you might be able to give Miami Township a call and ask them politely to leave us in peace as the Ohio law is on our side. Neighbor's Name abuse of the township is forcing the township to come and inspect us every other day for some little thing he see, as he violates our privacy and stretches himself to look at our personal land and property on it. There has got to be better things for our paid servants to put their time to. I have driven around our township and have seen 100’s of homes and yards in much worse condition, even with *gasp* a gas can or two left out for a day. I have to smile at the silliness of it all. The complainant recently retired. His kids and grand kids live next door (the ones who are our dear friends, we even give their children Christmas presents). The complainant walks up and down his driveway next to our back fence line NO LESS than 5 or 6 times a day, just staring in to see what he can complain about next.
When I did present this law to the township, one of the ladies up at the township office who handles complaint calls said to me, “Oh I hope I can use this to tell him to stop calling!” She then said she couldn’t wait to get some fresh farm eggs!!
Thank you for taking the time out to consider
helping us out.
Sincerely,
Signature,
Name typed
God Bless You!
encl:
Notice of Courtesy Violation
2
Letters to Miami Township
Community
Development Department
6101
Meijer Drive
Milford,
Ohio 45150
513-248-3731
www.Miami
TwpOh.gov
cc: complaitant and address
phone number if possible
This is
a very good PDF presentation by leading Ohio Agricultural authority lawyer
Peggy Hall
This is
also another good explanation of the Ohio agriculture law by Peggy Hall
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