Ohio Revised Code 303.1

[bulldogww]

Salem Township, Morrow, OH

re: ORC 303.1 -- Man bought farm in R1-single family residential zone, doesn't live there, claims it is a "riding stable", but in reality uses it as a party place. Because he "grows a crop" which is hay, he is saying he doesn't have to follow any local zoning because he is exempt per ORC 303.1. So far, the DA is agreeing with him. So we have "rent-a-party" known as The Dude Ranch. You do not have to ride horses. For $25 - 200, you can have whatever type of party you want. It is a nuisance due to the loud music. It causes a threat due to drunk drivers. It also devalues my property and makes it not safe to let kids out when you don't know what type of strangers are lurking on the next property.

I am being told I have no rights here, but the owner of the nuisance can do whatever he wants because he grows a crop. Can this possibly be true that all one has to do is grow their grass and call it "fiber", maybe throw in a pig, and you can run whatever business you want because you can claim agricultural exemption? Do you know of an Ohio attorney who specializes in land use that could advise?

Thanks.

 

[Tracey]

Yes, that's the whole point of the agricultural zoning exemption -- the county wants to keep its farmland undeveloped. However, that's not the end of the story. You can sue the dude ranch for creating a nuisance (noise, traffic, etc.). Check zoning laws to see if there is a decibel limit at the property line, or if there is some limit to the number of "trips" an agricultural property can produce. A trip = a car entering or leaving the property. Also check to see if the number of parties qualifies him as a home occupation or conditional use. Document everythin carefully -- a log of activities, trips, noise as measured by a decibel meter, etc.

Read both the R-1 zoning code and the agricltural exemption code.

Finally, everytime he has a party, call the cops to report numerous drunk drivers. If driving out of his place means an automatic breathalizer test, the parties will decline in number.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.