MOUNT VERNON — The Regional Planning Commission is asking township officials to develop a land use planning map it can include in the county’s comprehensive plan.
By including the map in the plan, township zoning decisions can be said to be “in accordance with a comprehensive plan.”
“We are going to be attending meetings over the next month or two to solicit input on planning maps so that we can get information on zoning districts and where they would like things to be in the future,” RPC secretary Darrel Severns said at Thursday’s meeting.
“The whole push for the map is so when development comes to the townships, you have a basis for knowing how to zone the parcels.”
Severns said the RPC attempted to get the information in 2012.
“We did not get a whole lot of response from townships,” he said. “I think it’s going to be a whole lot more important now with the push that’s coming to Knox County.”
The Land Use Committee wants the information within the next couple of months. RPC members will start updating the comprehensive plan in November.
Phantom Fireworks vs. Congress Township Board of Zoning Appeals
Severns cited Phantom Fireworks vs. Congress Township BZA as a reason why townships should develop and include a planning map in the comprehensive plan.
Congress Township’s zoning resolution listed two districts: “A” agriculture and “B” business/industry. However, all of the land fell into the “A” category.
The zoning inspector testified that a property owner wanting to use property for a business must apply for a use variance.
Phantom bought land at the intersection of Ohio 539 and I-71 in Wayne County to build a larger fireworks facility. The township zoning inspector denied Phantom’s request for a zoning certificate to do business because the land was not zoned “B.”
Phantom appealed to the BZA, seeking a zoning certificate or a business use variance. The BZA denied the request.
Phantom filed an appeal in the Wayne County Court of Common Pleas. The court affirmed the BZA’s decision.
On further appeal, Phantom argued that the zoning resolution was invalid because it creates a “B” zoning classification but fails to designate any land for business use under the “B” classification.
The trial court agreed with Phantom.
Further, it stated that a township zoning resolution is invalid in the absence of a comprehensive plan. It deemed a comprehensive plan to mean a local government’s “textual statement of goals, objectives, and policies accompanied by maps to guide public and private development within its planning jurisdiction.”
The court noted that the Wayne County comprehensive plan did not set forth goals or recommendations specific to Congress Township.
The Ohio Supreme Court previously held that a zoning resolution must be in accordance with a comprehensive plan. It further held that a zoning resolution has not been properly adopted where it fails to delineate which specific areas may be used for specific uses when the township has established various types of districts.
Annexation
Knox County Prosecutor Chip McConville gave an overview of the different types of annexations.
Calling annexation “a thorny and detail-intensive topic,” McConville said that prior to 2001, annexation policy was “massively tilted toward municipalities.”
New Ohio law in 2001 provides for five types of annexations:
•Regular: At least 51 percent of property owners in the proposed annexation area must agree.
•Expedited Type 1: petitions by all property owners within the territory with consent of the municipality and township(s) as evidenced by an annexation agreement or cooperative economic development agreement (CEDA)
•Expedited Type 2: petitions by all property owners within the territory with or without the consent of the municipality and township(s), territory stays in the township unless there is an annexation agreement or CEDA.
•Expedited Type 3: petitions by all property owners within the territory for the purpose of a significant economic development project. The territory stays in the township unless there is an annexation agreement or CEDA.
•Annexation of municipal, county, or state-owned land
McConville said they are “expedited” annexations because the parties agree on who will provide services and how to divide revenue.
Most Knox County annexations have been Type 2, where the township retains property taxes, and the municipality collects income tax.
“Those are the ones we have seen meet with success. They seem to be the ones people are most able to live with,” McConville said. “But we are facing potential strong development from Columbus, and they will be bringing their well-paid lawyers. We need to make sure people understand how [annexation] works.
“That, and your zoning, and the regional planning comprehensive plan are the most important things you will be doing in the near future,” he added.