Ohio Rev. Code » Chapter 303
Ohio Revised Code

Ohio Rev. Code § 303.02 (2026)

County commissioners may regulate building and land use in unincorporated territory

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
June 30, 2023
Latest Legislation:
House Bill 23 - 135th General Assembly
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(A) Except as otherwise provided in this section, in the interest of the public health and safety, the board of county commissioners may regulate by resolution, in accordance with a comprehensive plan, the location, height, bulk, number of stories, and size of buildings and other structures, including tents, cabins, and trailer coaches, percentages of lot areas that may be occupied, set back building lines, sizes of yards, courts, and other open spaces, the density of population, the uses of buildings and other structures, including tents, cabins, and trailer coaches, and the uses of land for trade, industry, residence, recreation, or other purposes in the unincorporated territory of the county. Except as otherwise provided in this section, in the interest of the public convenience, comfort, prosperity, or general welfare, the board, by resolution, in accordance with a comprehensive plan, may regulate the location of, set back lines for, and the uses of buildings and other structures, including tents, cabins, and trailer coaches, and the uses of land for trade, industry, residence, recreation, or other purposes in the unincorporated territory of the county, and may establish reasonable landscaping standards and architectural standards excluding exterior building materials in the unincorporated territory of the county. Except as otherwise provided in this section, in the interest of the public convenience, comfort, prosperity, or general welfare, the board may regulate by resolution, in accordance with a comprehensive plan, for nonresidential property only, the height, bulk, number of stories, and size of buildings and other structures, including tents, cabins, and trailer coaches, percentages of lot areas that may be occupied, sizes of yards, courts, and other open spaces, and the density of population in the unincorporated territory of the county. For all these purposes, the board may divide all or any part of the unincorporated territory of the county into districts or zones of such number, shape, and area as the board determines. All such regulations shall be uniform for each class or kind of building or other structure or use throughout any district or zone, but the regulations in one district or zone may differ from those in other districts or zones.

For any activities permitted and regulated under Chapter 1513. or 1514. of the Revised Code and any related processing activities, the board of county commissioners may regulate under the authority conferred by this section only in the interest of public health or safety. A zoning resolution authorized under this section shall provide for the activities that are permitted and regulated under Chapter 1514. of the Revised Code, and any related processing activities, as either a permitted use or a conditional use through the board of zoning appeals in any district or zone when such activities are to be added to an existing permit issued under Chapter 1514. of the Revised Code.

(B) A board of county commissioners that pursuant to this chapter regulates adult entertainment establishments, as defined in section 2907.39 of the Revised Code, may modify its administrative zoning procedures with regard to adult entertainment establishments as the board determines necessary to ensure that the procedures comply with all applicable constitutional requirements.

Last updated April 27, 2023 at 12:40 PM

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1965–2021 · leading case: Verbillion v. Enon Sand & Gravel, L.L.C., 2021-Ohio-3850, 180 N.E.3d 638.
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Verbillion v. Enon Sand & Gravel, L.L.C., 2021-Ohio-3850, 180 N.E.3d 638. · cites it 3× “In support of these facts, Enon cites R.C. 303.02(A), R.C. 303.14(C), R.C. 303.”
Alesi v. Warren Cty. Bd. of Commrs., 2014-Ohio-5192, 24 N.E.3d 667. · cites it 4× “See R.C. 303.02. {¶ 6} The Property is in an area zoned "Light Industrial Manufacturing" or "I-1.”
Eckert v. Warren Cty. Rural Bd. of Zoning Appeals, 2018-Ohio-4384. · cites it 4× “{¶ 44} R.C. 303.02, which is the enabling legislation for county zoning, provides that boards of county commissioners may regulate uses of land in the unincorporated area of the county "in accordance with a comprehensive plan.”
Columbia Oldsmobile, Inc. v. City of Montgomery, 564 N.E.2d 455 (Ohio 1990). · cites it 2× “” R.C. 303.02, regulating rural land use in counties, and R.”
Apple Grp., Ltd. v. Granger Twp. Bd. of Zoning Appeals, 41 N.E.3d 1185 (Ohio 2015). · cites it 2× “But “R.C. 303.02, regulating rural land use in counties, and R.”
Am. Aggregates Corp. v. Warren Cnty. Commissioners, 528 N.E.2d 1266 (Ohio Ct. App. 12th Dist. 1987). · cites it 5× “In the area of zoning or land use control the General Assembly has delegated a portion of its police power to Ohio counties in R.C. 303.02. 2 R.C. 303.02 permits a county’s board of *7 commissioners to enact zoning resolutions for the unincorporated 3 portions of the county.”
Holiday Homes, Inc. v. Butler Cnty. Bd. of Zoning Appeals, 520 N.E.2d 605 (Ohio Ct. App. 12th Dist. 1987). “In the area of zoning or land use control, the General Assembly has delegated a portion of its police power to Ohio counties in R.C. 303.02, which permits a county’s board of commissioners to enact a comprehensive zoning plan for the unincorporated portions of the county.”
In Re Bowshier, 313 B.R. 232 (Bankr. S.D. Ohio 2004). “2 Collier on Bankruptcy § 303.02[5] — [6] (15th ed. updated June 2004); 1 Norton Bankruptcy Law Practice 2d § 21:1 n.”
Wooten v. Neave Twp. Bd. of Zoning Appeals, 779 N.E.2d 784 (Ohio Ct. App. 2d Dist. 2002). · cites it 2× “{¶ 7} Wooten’s property is zoned R-l, or “Rural Residential District.” Permitted principal uses for R-l are (1) churches or similar places of worship; (2) single family dwellings; and (3) public buildings like parks, playgrounds, libraries, schools, fire stations, and community…”
McDonald v. City of Columbus, 231 N.E.2d 319 (Ohio Ct. App. 10th Dist. 1967). · cites it 2× “At this point it is well to emphasize that zoning by a county is an exercise of police power, as authorized by statute, for the safety, health, morals, convenience, comfort or general welfare *152 of the people (101 Corpus Juris Secundum 683, Section 7), and in Ohio that…”
Application of Latham, 214 N.E.2d 681 (Ohio Ct. App. 10th Dist. 1965). · cites it 2× “Although that case involved a municipal corporation, the Supreme Court of Ohio therein definitely stamped the nature of an act similar to the act performed by the county commissioners in the present case as “legislative action,” and we fail to perceive any metamorphic quality in…”
Ohio Rev. Code § 303.02(A): 3 cases
Verbillion v. Enon Sand & Gravel, L.L.C., 2021-Ohio-3850, 180 N.E.3d 638. “In support of these facts, Enon cites R.C. 303.02(A), R.C. 303.14(C), R.C. 303.”
Eckert v. Warren Cty. Rural Bd. of Zoning Appeals, 2018-Ohio-4384. “{¶ 44} R.C. 303.02, which is the enabling legislation for county zoning, provides that boards of county commissioners may regulate uses of land in the unincorporated area of the county "in accordance with a comprehensive plan.”
Apple Grp., Ltd. v. Granger Twp. Bd. of Zoning Appeals, 41 N.E.3d 1185 (Ohio 2015). “But “R.C. 303.02, regulating rural land use in counties, and R.”
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