By ALLISON WOOD

Staff Writer

COLUMBUS — The 10th District Court of Appeals last week upheld a lower court decision affirming townships’ residential zoning powers.

In 2005, the Medina County Prosecutor’s Office sued the state over Senate Bill 118, which passed the previous year and limited townships’ zoning rights. The county won its lawsuit in August 2007 and the state appealed, county Prosecutor Dean Holman said Wednesday.

Holman said his office filed the lawsuit at the request of township trustees across the county.

“It will allow them (township trustees) to decide the character and appearance of the townships,” he said of the June 12 decision.

S.B. 118 only allows township trustees to regulate zoning density in residential areas for health and safety reasons. The lack of water or sewer lines is an example of a “health and safety” reason, since it would be unsanitary to build high-density housing in these areas, he said.

Currently, most townships in the county and throughout the state have zoning regulations requiring a minimum lot size in order to keep housing density low, Holman said. Several, like Granger Township, have a 2-acre minimum.

S.B. 118 took away this zoning power, leading trustees to fear they would be unable to stop builders from building high-density housing such as condos in areas with sewer and water lines, he said.

In the complaint, Holman’s office argued the bill contained multiple unrelated subjects in violation of the Ohio Constitution, and a Franklin County Common Pleas judge agreed. The bill also contained sections about charter schools and the makeup of metropolitan housing authorities.

The state can appeal to the Ohio Supreme Court.

Wood may be reached at 330-721-4050 or allisonwood@ohio.net.

In order to comment, you must agree to our user agreement and discussion guidelines.
You must be registered and logged in to post a comment. If you aren't already registered, click here.
If you are registered, click here to log in.
Need help? Email Us.