When B.J. Alan Company attempted to construct and operate a state-licensed fireworks store in Congress Township, Ohio, it was forced to apply for a variation from the zoning resolution which was ultimately denied. The land B.J. Alan wanted to build on land that was zoned A-Agricultural pursuant to the zoning resolution adopted by the Congress Township. This resolution required any landowners seeking to build on the unincorporated areas to apply for a variation from the resolution. On appeal of the decision, B.J. Alan argued that the zoning resolution adopted by Congress Township was in violation of Ohio law R.C. 519.02 which requires townships to enact zoning resolutions that are “in accordance with a comprehensive plan” because the township had not adopted its own comprehensive plan. The township asserted that the zoning resolution was in accordance with a comprehensive plan, adopted by Wayne County where the township was located, and was therefore not in violation of the statute.
Reading the plan language of the statute, the court concluded that section 519.02 only requires a township’s zoning resolution be in accordance with a comprehensive plan and not that a township develop its own comprehensive plan. Since countywide planning is encouraged by law in Ohio and counties are equipped for developing broad, big-picture plans encompassing all the communities within their jurisdictions, the court held that a county comprehensive plan could constitute a “comprehensive plan” for purposes of section 519.02. The court went on to conclude that the Wayne County Comprehensive Plan was a comprehensive plan for purposes for section 519.02 due to its comprehensive land-use goals for the county and its demonstrated intent to include Congress Township within its purview.
B.J. Alan Co. v. Congress Twp. Bd. of Zoning Appeals, 2009 WL 3837336 (Ohio, 11/12/2009).
This opinion can be accessed at: http://www.sconet.state.oh.us/rod/docs/pdf/0/2009/2009-ohio-5863.pdf
The amicus brief submitted by the American Planning Association can be accessed at: http://www.planning.org/amicus/pdf/bjalanco.pdf
