As used in sections 303.02 to 303.25 of the Revised Code, "agriculture" includes farming; ranching; algaculture meaning the farming of algae; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; and the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1957–2022 · leading case: Wray v. Gahm Props., Ltd., 2018-Ohio-50, 103 N.E.3d 148.
Wray v. Gahm Props., Ltd., 2018-Ohio-50, 103 N.E.3d 148. · cites it 4דODOT argues that "timber" is an undefined term in R.C. 303.01 and R.C. 519.01 (the zoning statutes) and for guidance we should look to R.”
Verbillion v. Enon Sand & Gravel, L.L.C., 2021-Ohio-3850, 180 N.E.3d 638. “24 states that: In case any * * * land is or is proposed to be used in violation of sections 303.01 to 303.25, inclusive, of the Revised Code, or of any regulation or provision adopted by any board of county commissioners under such sections, such board, the prosecuting attorney…”
Dairy Farmers of Am., Inc. v. Wilkins, 802 N.E.2d 627 (Ohio 2004). · cites it 2ד61, which defines “agriculture” as follows: {¶ 16} “As used in any statute, except section 303.01 [county rural zoning] or 519.”
Booghier v. Wolfe, 587 N.E.2d 375 (Ohio Ct. App. 2d Dist. 1990). “ding or structure and of any land or premises, as existing and lawful at the time of enactment of a zoning resolution or amendment thereto, may be continued, although such use does not conform with the provisions of such resolution or amendment, but if any such nonconforming use…”
Rumpke Sanitary Landfill, Inc. v. State, 184 Ohio App. 3d 135 (Ohio Ct. App. 1st Dist. 2009). “211(A) was revised as follows (revision italicized): “Except as otherwise provided in division (B) or (C) of this section, sections 303.01 to 303.25 of the Revised Code do not confer any power on any board of county commissioners or board of zoning appeals in respect to the…”
State v. Mink, 269 N.E.2d 921 (Ohio 1971). “"No person shall locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or use any land in violation of a resolution, or amendment or supplement to such resolution, adopted by any board of county commissioners under Sections 303.01 to 303.25,…”
Interstate Indep. Corp. v. Fayette Cnty. Bd. of Zoning Appeals, 704 N.E.2d 611 (Ohio Ct. App. 12th Dist. 1997). “g, or structure and of any land or premises, as existing and lawful at the time of enactment of a zoning resolution or amendment thereto, may be continued, although such use does not conform with the provisions of such resolution or amendment, but if any such nonconforming use…”
Davidson v. Abele, 206 N.E.2d 584 (Ohio Ct. App. 1st Dist. 1965). · cites it 3ד21, Revised Code, which limits the authority of a board of county commissioners to adopt and enforce a Zoning Resolution as follows: “Sections 303.01 to 303.25, inclusive, of the Revised Code do not confer any power on any board of county commissioners or board of zoning appeals…”
Patrick Brooks v. Butler Cnty., No. 21-4129 (6th Cir. July 7, 2022). “See generally Ohio Rev. Code §§ 303.01–303.99. Counties develop their own zoning resolutions that provide the acceptable and prohibited uses for land within their territory.”
State ex rel. Holmes v. Lauderbaugh, 149 N.E.2d 33 (Ohio Ct. App. 1957). “This section reads: “Amendments or supplements to the zoning resolution may be made as provided by §§303.01 to 303.11, inclusive, R. C., except that they may be made without submitting them to a vote of the electors, unless within thirty days after the adoption of the amendment…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.