Ohio Rev. Code » Chapter 519
Ohio Revised Code

Ohio Rev. Code § 519.02 (2026)

Board of township trustees may regulate location, size and use of buildings and lands in unincorporated territory

✓ current as of May 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 township trustees 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 township. 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 township, and may establish reasonable landscaping standards and architectural standards excluding exterior building materials in the unincorporated territory of the township. 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 township. For all these purposes, the board may divide all or any part of the unincorporated territory of the township 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 township trustees 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 township trustees 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 12:39 PM

Notes of Decisions
Cited in 110 cases (21 in the last 5 years), 1955–2026 · leading case: Apple Grp., Ltd. v. Granger Twp. Bd. of Zoning Appeals, 41 N.E.3d 1185 (Ohio 2015).
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Apple Grp., Ltd. v. Granger Twp. Bd. of Zoning Appeals, 41 N.E.3d 1185 (Ohio 2015). · cites it 39× “We are asked to determine whether R.C. 519.02 requires a township to adopt a “comprehensive plan” separately from its zoning resolution.”
B.J. Alan Co. v. Cong. Twp. Bd. of Zoning Appeals, 2009 Ohio 5863 (Ohio 2009). · cites it 19× “{¶ 1} We address today the “comprehensive plan” requirement of R.C. 519.02. R.C. 519.02 allows township trustees to create, by resolution, zoning regulations to cover the unincorporated portions of townships.”
Rumpke Waste, Inc. v. Henderson, 591 F. Supp. 521 (S.D. Ohio 1984). · cites it 14× “They maintain further that the resolution is not a comprehensive zoning plan as required by Ohio Rev.Code § 519.02. Finally, they insist that the members of the Zoning Commission charged with developing the resolution failed to make use of information and assistance available…”
Ketchel v. Bainbridge Twp., 557 N.E.2d 779 (Ohio 1990). · cites it 7× “The General Assembly has delegated this power to township trustees through R.C. 519.02, which provides: “For the purpose of promoting the public health, safety, and morals, the board of township trustees may in accordance with a comprehensive plan regulate by resolution the…”
West Chester Twp. Zoning v. Fromm, 762 N.E.2d 400 (Ohio Ct. App. 2001). · cites it 11× “]” Under both assignments of error, Fromm asserts that the zoning resolution does not relate to the public health, safety, or morals, but rather was enacted solely for aesthetic purposes in violation of the township’s police power under R.C. 519.02 and the applicable case law.…”
Terry v. Sperry, 2011 Ohio 3364 (Ohio 2011). · cites it 5× “02 authorizes township trustees, in the interest of the public health and safety, to adopt resolutions limiting the size and location of buildings and other structures and the uses of land for trade, industry, residence, recreation, or other purposes. That power, however, is…”
Bd. of Twp. Trs. v. Funtime, Inc., 563 N.E.2d 717 (Ohio 1990). · cites it 4× “” The authority of townships in Ohio to adopt local zoning regulations is derived from R.C. 519.02. It provides: “For the purpose of promoting the public health, safety, and morals, the board of township trustees may in accordance with a comprehensive plan regulate by resolution…”
Marano v. Gibbs, 544 N.E.2d 635 (Ohio 1989). · cites it 4× “21 provided in relevant part: “Such sections [R.C. 519.02 to 519.25] confer no power on any board of township trustees or board of zoning appeals in respect to the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of…”
Columbus Bituminous Concrete Corp. v. Harrison Twp. Bd. of Zoning Appeals (Slip Opinion), 2020 Ohio 845 (Ohio 2020). · cites it 15× “Revised Code Provisions on Township Trustees’ Power to Adopt Regulations {¶ 4} R.C. 519.02 grants township trustees the power to adopt certain building and land-use regulations.”
Set Prods., Inc. v. Bainbridge Twp. Bd. of Zoning Appeals, 510 N.E.2d 373 (Ohio 1987). · cites it 2× “Chapter 1514, enacted subsequent to the grant of the original variance in 1974, preempt the conditions of that variance, and thus constitute a change in circumstance.”
Rumpke Sanitary Landfill, Inc. v. State, 2010 Ohio 6037 (Ohio 2010). · cites it 2× “211(A) prior to the 2008 amendment read: {¶ 28} “Except as otherwise provided in division (B) or (C) or this section, sections 519.02 to 519.25 of the Revised Code confer no power on any board of township trustees or board of zoning appeals in respect to the location, erection,…”
Union Twp. Bd. of Trs. v. Old 74 Corp., 738 N.E.2d 477 (Ohio Ct. App. 2000). · cites it 3× “” However, R.C. 519.02, which provides the specific statutory powers of townships, does not grant townships the authority to use zoning powers to further the "general welfare.”
Show all 110 citing cases →
— Ohio Rev. Code § 519.02(A) — 13 cases
Apple Grp., Ltd. v. Granger Twp. Bd. of Zoning Appeals, 41 N.E.3d 1185 (Ohio 2015). “We are asked to determine whether R.C. 519.02 requires a township to adopt a “comprehensive plan” separately from its zoning resolution.”
Columbus Bituminous Concrete Corp. v. Harrison Twp. Bd. of Zoning Appeals (Slip Opinion), 2020 Ohio 845 (Ohio 2020). “Revised Code Provisions on Township Trustees’ Power to Adopt Regulations {¶ 4} R.C. 519.02 grants township trustees the power to adopt certain building and land-use regulations.”
Verbillion v. Enon Sand & Gravel, L.L.C., 2021 Ohio 3850 (Ohio Ct. App. 2021).
State Ex Rel. Widmar v. Mohney, 2007-G-2776 (3-7-2008), 2008 Ohio 1028 (Ohio Ct. App. 2008).
Benton Twp. v. Rocky Ridge Dev., L.L.C., 2020 Ohio 4162 (Ohio Ct. App. 2020).
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