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State land use reform:
still on the shelf
Here are the major findings and
recommendations of the Ohio Land Use Review Committee reported to the
state legislature in 1977. Except for the provision for agricultural districts,
none of the recommendations have been adopted. Most are still good ideas
which would help Ohio manage growth in a more rational, coordinated way.
Strengthening the role of municipalities
- The planning commission of each municipality should prepare a comprehensive
municipal development plana detailed description of the desired
land use patterns and development policy of the municipality. It would
address the type, location, timing, and intensity of development as
well as the public improvements needed to support such development.
It would be adopted by the legislative body, and thus provide a legal
base for land use regulation.
- Municipal development regulations and capital improvements programs
should conform to the adopted development plan.
- Municipalities should be enabled to combine regulatory measures (e.g.,
zoning, subdivision regulations, housing and building codes) in a single
development code.
Enlarging the role of townships
- Since land use regulatory measures are non-existent or inadequate
in many townships in Ohio, townships should be enabled to create a township
planning commission and adopt a comprehensive township development plan,
which would then provide the basis for a township zoning code.
- The township development plan should be consistent with the provisions
of an adopted countywide plan.
Achieving regional coordination
- In each county, there should be a countywide planning commission whose
membership represents local governments and reflects the population
distribution in the county. Currently, county or regional planning commissions
are optional, as is the participation on them by local governments.
Thus, their plans may never be implemented.
- A countywide general plan should be prepared, adopted, and periodically
updated by the county planning commission. The plan would provide a
framework for coordinating the more detailed plans by local governments
and guide the capital expenditures of county government.
- The county plan would map future development patterns, the location
of major transportation facilities, open space and recreation areas,
and critical resource areas such as prime agricultural land and scenic
river corridors. It also would delineate urban service areas beyond
which services such as city water and sewer would not be extended. And
the plan would estimate future housing needs in the county.
Improving land use regulation
- State enabling laws for zoning and subdivision regulation should be
revised to permit flexible standards which will allow preservation of
unique natural features through creative site and building design. Statutes
also should be revised to foster meaningful public participation in
the regulatory process.
Coordinating state agencies
- So that the programs, regulations and projects of state agencies are
consistent with the land use plans of local governments, the Governor
should be given the authority and responsibility to coordinate state
agencies. The General Assembly also should clarify the agencies' roles
regarding land use.
- A state-local government commission should oversee state recognition
of countywide plans.
Reducing fiscal disparities
- The state should reduce fiscal disparities among local taxing districts,
perhaps with a tax-base sharing formula like the one in the Twin Cities
area. Such sharing would reduce incentives for communities to raid one
another for industry.
Preserving agricultural land
- Individual landowners should be authorized to create agricultural
districts voluntarily. These would reduce governmental pressures which
discourage a landowner's long-term commitment to farming.
- The state should adopt a policy which encourages agricultural land
use and prevents the state's capital investments from adversely affecting
productive agricultural areas.
Regulating large-scale development
- Major developments may affect future land use patterns, traffic congestion
and public investments of whole regions, yet a single community can
allow them to be built. Therefore, a single, uniform regulatory process
for large developments should be created by the state. The standard
application would include an estimate of the multi-jurisdictional effects
of the project, including the costs and sources of revenue for any public
improvements. Responsibility for evaluating these impacts would rest
with the areawide or county planning agency.
Protecting critical resource areas
- Each of Ohio's counties contains critical resource areassuch
as aquifer recharge areas, flood hazard areas, geologic hazard areas,
mineral resource areas, significant natural areas, scenic river corridors
and wetlandswhich are environmentally significant to the future
of the state. A cooperative process is needed between state and local
governments to identify these areas, evaluate their unique features
and select protection techniques to be implemented by local governments.
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EcoCity Cleveland 3500 Lorain Avenue, Suite 301, Cleveland OH 44113 Cuyahoga Bioregion
(216) 961-5020 www.ecocitycleveland.org Copyright 2002-2003
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