Ohio § 519.21

§ 519.21.

(A) Except as otherwise provided in divisions (B) and (D) 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 and that

are located on land any part of which is used for viticulture, and no zoning certificate

shall be required for any such building or structure. (B) A township zoning resolution, or an amendment to such resolution, may in any platted

subdivision approved under section 711.05 , 711.09 , or 711.10 of the Revised Code , 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. (C) Such sections confer no power on any township zoning commission, board of township

trustees, or board of zoning appeals to prohibit in a district zoned for agricultural,

industrial, residential, or commercial uses, the use of any land for: (1) A farm market where fifty per cent or more of the gross income received from the

market is derived from produce raised on farms owned or operated by the market operator

in a normal crop year.  However, a board of township trustees, as provided in section 519.02 of the Revised Code , may regulate such factors pertaining to farm markets as size of the structure, size

of parking areas that may be required, set back building lines, and egress or ingress,

where such regulation is necessary to protect the public health and safety. (2) Biodiesel production, biomass energy production, or electric or heat energy production

if the land on which the production facility is located qualifies as land devoted

exclusively to agricultural use under sections 5713.30 to 5713.37 of the Revised Code for real property tax purposes.  As used in division (C)(2) of this section, “biodiesel,” “biomass energy,” and “electric

or heat energy” have the same meanings as in section 5713.30 of the Revised Code . (3) Biologically derived methane gas production if the land on which the production facility

is located qualifies as land devoted exclusively to agricultural use under sections 5713.30 to 5713.37 of the Revised Code for real property tax purposes and if the facility that produces the biologically

derived methane gas does not produce more than seventeen million sixty thousand seven

hundred ten British thermal units, five megawatts, or both. (4) Agritourism.  However, a board of township trustees, as provided in section 519.02 of the Revised Code , may regulate such factors pertaining to agritourism, except farm markets as described

in division (C)(1) of this section, as size of a structure used primarily for agritourism,

size of parking areas that may be required, setback building lines for structures

used primarily for agritourism, and egress or ingress where such regulation is necessary

to protect public health and safety. Nothing in division (C)(4) of this section confers power on a township zoning commission,

board of township trustees, or board of zoning appeals to require any parking area

to be improved in any manner, including requirements governing drainage, parking area

base, parking area paving, or any other improvement. Nothing in division (C)(4) of this section confers power on a township zoning commission,

board of township trustees, or board of zoning appeals to prohibit the use of any

land or the construction or use of buildings or structures that are used primarily

for vinting and selling wine that are located on land any part of which is used for

viticulture as provided in division (A) of this section. (D) Nothing in this section prohibits a township zoning commission, board of township

trustees, or board of zoning appeals from regulating the location of marijuana cultivators,

processors, or retail dispensaries or from prohibiting such cultivators, processors,

or dispensaries from being located in the unincorporated territory of the township. (E)(1) As used in division (C)(3) of this section, “biologically derived methane gas” has

the same meaning as in section 5713.30 of the Revised Code . (2) As used in division (C)(4) of this section, “agritourism” has the same meaning as

in section 901.80 of the Revised Code .