"as one Small candle may light a thousand,
so the light here kindled hath shown
unto many" Wm Bradford
Name
Street Address
City, State, Zip Code
Phone Number
e-mail address
Date
Miami Township
Community Development
Department
6101 Meijer Drive
Milford, Ohio 45150
513-248-3731
www.Miami TwpOh.gov
To Whom it may concern,
Having today, the 26th of May, 2015, received a second "Courtesy Violation" notice from your department, I would like to address in writing, for your records, as well as ours, each accused "violation". Before doing so however, I would like to bring attention to Ohio Revised Code 711.131 which is one of the contingencies of Ohio Revised Code 519.21. In section "B" of ORC 519.21 the township seems to be trying to interpret the following without actually looking up what ORC 711.131 is; this of course is a gross error on the township's part. Once read correctly, taking note of what ORC 711.131 actually is, I am certain will settle this matter, establishing our rights under Ohio law once and for all.
Ohio Revised Code 519.21 Powers not conferred on township zoning
commission by chapter.
(A) Except as otherwise
provided in division (B) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any
township zoning commission, board of township trustees, or board of zoning appeals to prohibit the use of
any land for agricultural purposes or the construction or use of buildings or
structures incident to the use for agricultural purposes of the land on which
such buildings or structures are located, including buildings or structures that are used primarily
for vinting and selling wine and that are located on land any part of which is
used for viticulture, and no zoning certificate shall be required for any such
building or structure.
B) A township zoning resolution, or
an amendment to such resolution, may in any platted subdivision
approved under section 711.05, 711.09, or 711.10 of the Revised Code, or in any area
consisting of fifteen or more lots approved under section 711.131 of the Revised Code that
are contiguous to one another, or some of which are contiguous to one
another and adjacent to one side of a dedicated public road, and the balance of
which are contiguous to one another and adjacent to the opposite side of the
same dedicated public road regulate:
1) Agriculture
on lots of one acre or less;
(2) Buildings
or structures incident to the use of land for agricultural purposes on lots
greater than one acre but not greater than five acres by: set back building
lines; height; and size;
(3) Dairying
and animal and poultry husbandry on lots greater than one acre but not greater
than five acres when at least thirty-five per cent of the lots in the
subdivision are developed with at least one building, structure, or improvement
that is subject to real property taxation or that is subject to the tax on
manufactured and mobile homes under section 4503.06 of
the Revised Code. After thirty-five per cent of the lots are so developed,
dairying and animal and poultry husbandry shall be considered nonconforming use
of land and buildings or structures pursuant to section 519.19 of
the Revised Code.
Division
(B) of this section confers no power on any township zoning commission, board
of township trustees, or board of zoning appeals to regulate agriculture,
buildings or structures, and dairying and animal and poultry husbandry on lots
greater than five acres.
(C) Such sections confer no power on any
township zoning commission, board of township trustees, or board of zoning
appeals to prohibit in a district zoned for agricultural, industrial,
residential, or commercial uses, the use of any land for :
(1) A
farm market where fifty per cent or more of the gross income received from the
market is derived from produce raised on farms owned or operated by the market
operator in a normal crop year. However, a board of township trustees, as
provided in section 519.02 of the Revised Code, may regulate such
factors pertaining to farm markets as size of the structure, size of parking
areas that may be required, set back building lines, and egress or ingress,
where such regulation is necessary to protect the public health and safety.
(2) Biodiesel
production, biomass energy production, or electric or heat energy production if
the land on which the production facility is located qualifies as land devoted
exclusively to agricultural use under sections 5713.30 to 5713.37 of
the Revised Code for real property tax purposes. As used in division (C)(2) of
this section, "biodiesel," "biomass energy," and
"electric or heat energy" have the same meanings as in section 5713.30 of
the Revised Code.
(3) Biologically
derived methane gas production if the land on which the production facility is
located qualifies as land devoted exclusively to agricultural use under
sections 5713.30 to 5713.37 of
the Revised Code for real property tax purposes and if the facility that
produces the biologically derived methane gas does not produce more than
seventeen million sixty thousand seven hundred ten British thermal units, five
megawatts, or both.
As used
in division (C)(3) of this section, "biologically derived methane
gas" has the same meaning as in section 5713.30 of
the Revised Code.
Amended
by 129th General AssemblyFile No.82, HB 276, §1, eff. 6/4/2012.
Effective
Date: 03-30-1999
Please note in section "B" of ORC 519.21 where it
says "in any area consisting of fifteen or more lots approved under
section 711.131 of the Revised
Code" The property in question, (ddress) is not,
nor has it ever been approved under 711.131. ORC 711.131, as listed below is an
approval without a plat, we are in fact, a plat. Section "B" of ORC
519.21 is simply to describe subdivisions,
platted, or without a plat.
711.131
Approval without plat.
(A) Notwithstanding sections 711.001 to 711.13 of
the Revised Code and except as provided in division (C) of this section, unless
the rules adopted under section 711.05, 711.09,
or 711.10 of the Revised Code are amended pursuant to division (B) of
this section, a proposed division of a parcel of land along an existing public
street, not involving the opening, widening, or extension of any street or
road, and involving no more than five lots after the original tract has been
completely subdivided, may be submitted to the planning authority having
approving jurisdiction of plats under section 711.05,711.09,
or 711.10 of the Revised Code for approval without plat. If the
authority acting through a properly designated representative finds that a
proposed division is not contrary to applicable platting, subdividing, zoning,
health, sanitary, or access management regulations , regulations adopted under
division (B)(3) of section 307.37 of
the Revised Code regarding existing surface or subsurface drainage, or
household sewage treatment rules adopted under section 3718.02 of
the Revised Code, it shall approve the proposed division within seven business
days after its submission and, on presentation of a conveyance of the parcel,
shall stamp the conveyance "approved by (planning authority); no plat
required" and have it signed by its clerk, secretary, or other official as
may be designated by it. The planning authority may require the submission of a
sketch and other information that is pertinent to its determination under this
division.
(B) For a period of up to two years after the
effective date of this amendment, the rules adopted under section 711.05, 711.09,
or 711.10 of the Revised Code may be amended within that period to
authorize the planning authority involved to approve proposed divisions of
parcels of land without plat under this division. If an authority so amends its
rules, it may approve no more than five lots without a plat from an original tract
as that original tract exists on the effective date of the amendment to the
rules. The authority shall make the findings and approve a proposed division in
the time and manner specified in division (A) of this section.
(D) As used in this section, "business
day" means a day of the week excluding Saturday, Sunday, or a legal
holiday as defined in section 1.14 of
the Revised Code.
Amended by 128th General AssemblyFile No.12, HB 363, §4, eff.
12/22/2009.
Amended by 128th General AssemblyFile No.9, HB 1, §640.22, eff.
7/1/2010.
Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff.
7/17/2009.
Effective Date: 10-29-2003; 04-15-2005; 05-06-2005; 2007 HB119
09-29-2007; 2007 HB119 § 120.03 07-01-2009
519.01
Township zoning - agriculture defined.
As used in sections 519.02 to 519.25 of the Revised Code,
"agriculture" includes farming; ranching; algaculture meaning the
farming of algae; aquaculture; apiculture; horticulture; viticulture; animal
husbandry, including, but not limited to, the care and raising of livestock,
equine, and fur-bearing animals; poultry husbandry and the production of poultry
and poultry products; dairy production; the production of field crops, tobacco,
fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees,
flowers, sod, or mushrooms; timber; pasturage; any combination of the
foregoing; and the processing, drying, storage, and marketing of agricultural
products when those activities are conducted in conjunction with, but are
secondary to, such husbandry or production.
Continuing, I will address
the accused violations:
1) Buildings/Structures require permits: As when we came to your office in April 2015 after receiving the first "courtesy violation" notice, that in accordance with Ohio Law 519.21 (a copy of which we left with your office), none of our structures require a township permit. Each "structure" is used primarily for agricultural purposes, should further proof of that be desired after the Township acknowledges our rights under Ohio 519.21 we will be happy to provide such proof, this we would do as a courtesy as the State of Ohio, under ORC 519 says that we are not required to show such proof.
2) Alterations of additions to buildings, green house requires permit: The green house is an un-attached lean-to simply placed on the ground and is movable, in addition, it most certainly falls under the same definition as mentioned above i.e., "agricultural use" and is protected under 519.21.
3) All vehicles require licenses including trailers: Both the large cattle trailer and the flatbed trailer have up-to-date plates and tags and have had so (without lapse) as long as they have been on our property or owned by the owner (name) (who is not an owner of our home/property). I would like to know however, just exactly how one can be cited for a violation of a law that they are obeying? Also, what kind of investigation was done to falsify the violation? Did township employees trespass on private property without our permission or a warrant? Is the township invading our privacy and have us under daily surveillance as if we are criminals?
4) Permit needed for "storage trailer". This is a cattle trailer that we use for agricultural purposes, in which we have every legal right to possess, use and park on our property, however- I would like to be notified, in writing, of the law that states I need a permit to store things in a working trailer. I suppose also, if one were to place any article or item one owned in a boat or RV that they had on their property, then they too would be required to have a permit for using those things for "storage" as well. Also, I wonder if a trailer is being deemed a "structure" in need of a permit (although, I don't think it can be if it is fully operational and gets used), then it is no longer a trailer but a structure and since when do structures require automotive/road tags- which you have falsely accused us of not having.
5) Outside storage of material, gas cans etc...: I apologize for saying so, but this has to be the most absurd of all the grievances listed- in fact, it's laughable and strikes of being listed just to make something up. In our agricultural pursuits (which we are well within our legal rights to assume), we go through a fair amount of gasoline via tillers, tractors, etc... (and I'm guessing that is still legal), thus we have several gas cans, about 8 or so of various sizes. ALL of which are consistently stored in a structure when not in use, one would not want to store them outside in the sun anyway- unless you are unaware, gasoline expands in the heat. This past week, many of those cans were in front of our garage for two days, (not on the day sited), in order that they might be taken to the station to be filled. Upon completion of this task, all of the cans were promptly put away and stored. On occasion a gas can might be left out for a day while we are working on a project but again, I ask to be notified, in writing, of the law that says I have to immediately store a gas can out of sight after every time I fill up my lawn mower. Additionally, today, the day the courtesy violation was taped to our door, not one single gas can was out, period. Thus, I would conclude that in order to comply with your accusation, I would need to place a gas can out side and then re-store it inside once again. As per the "etc", I can, in no way, predict what that could possibly mean as I would never have thought of something as ridiculous as not being allowed to fill up or use gas cans if I tried. You will have to be more specific in the "etc", how can one comply to an "etc"? As my neighbor (name) put it when I informed him of this part of the accused violation, "now they're just picking on you".
6) No pigs or chickens are permitted: I will once again defer to Ohio Law 519.21 to which we are well within our rights to keep under the protection of the State of Ohio. And as such, being a state issue, I will be contacting our state representatives about this matter, since the township is attempting to overstep it's bounds and authority.
Lastly, we want to make it clear that we hold no ill feelings toward anyone at Miami Township Zoning Department, as we understand they are only trying to do their job. However, their job is to uphold the law and the law here is very clear. We have contacted the utmost authority on the subject, Peggy Hall, and her team at Ohio State to be sure that we are indeed in accordance with Ohio 519.21 and have been informed that we are well within our rights to pursue this kind of Godly, clean, wholesome lifestyle- one that we feel God has called us to live. We will not be bullied by a neighbor (Name) or allow the Township to be used as a puppet by him to harass us, especially when we are standing on solid, legal ground.
If that weren't enough, I would like to mention that after receiving the first "Courtesy Violation" notice, although we had committed no real "violation", we still took every measure to clean our property up and make it even more pleasing to the eye, moving piles of wood listed, mulching, planting flowers, and cleaning up many things that hadn't even been mentioned. My sister, and co-owner of this home, (Name), and I are very well respected members of our community and neighborhood. Our business, and clients, the majority of which are also citizens of Miami Township, think very highly of us and refer us to so many people we have to turn clients away. As professional pet sitters we are a constant face in the community. In the spring, summer and fall, weekly, we have strangers literally stop their cars in the road or pull in our driveway to tell us how much they love our property and look forward to seeing what new changes are being made to our self-sustainable, green living pursuits. We often give tours to such strangers and friends who bring their friends and children over to learn more about how to live such a lifestyle themselves. It seems to me that we have come a long way from the victory gardens and backyard chickens that were lauded during WWII, to now being harassed for such natural living.
This property has been in our family for 50 years; my sister and I have lived here on and off our entire lives, and that consistently for the past 12 years, owning this home for the past 5. (Name)- the complainant- has only recently, in the past couple of years, built his house, facing our back yard (directly on an angle no less). He knew how we lived long before doing so. To (Name) (who is too cowardly to bring his grievances directly to us, when we had considered he and his wife friends of ours) I would say that, if he wants the privileges of being able to tell his neighbors how they chose to live, decorate, make use of and enjoy their property, he should have either stayed at (or moved to) a new sub-division where there are homeowner's associations to appeal to when you want to pick on your neighbors. Miami Township is not at his disposal as a homeowner's association. It is not in the township's charter to be so obligated to the members of the community in this capacity. We are not in a sub-division and are protected under Ohio law from meddlesome neighbors who want everything to look pleasing to their eyes, or look just like them. Beyond that, we are protected under the law of our country: life, liberty and the pursuit of happiness. Happiness to us is our land, animals and garden. As far as I know there is no law that says, "you are in a violation of (Name) if his opinion of beauty isn't the same as yours." When in fact, his opinion of beauty is in a minority- we constantly have people telling us how beautiful and peaceful our place is and how much they would love to live there.
We have done all we can to be courteous to our neighbors, planting hedges along our fence and a long line of privacy, ornamental grasses along our back property line. Beyond that, there is nothing left that we will do because our other neighbors, the ones directly behind us (who if anyone would have the right to complain it would be them) are very good friends of ours. They also just so happen to be (Name) daughter, son-in-law, and grand-children. We enjoy our connection with them, and they us, so we will not entirely close that off from them by building a privacy fence.
Since this entire matter came about, we have had almost every single direct neighbor of ours come out in full support of us and our wholesome lifestyle- if I needed to, I am certain that I could get a minimum of 500 signatures of the residents in our surrounding neighborhoods that would say the same. However- it isn't a matter requiring such a measure, Ohio 519.21 makes it very cut and dry.
While I respect my neighbor's right to not have his eyes accosted by the view from his property onto ours- I would advise him simply not to look. In fact, I don't care at all for his house directly in my back yard, so that is exactly what I do- don't look.
Finally, this harassment by the township and indirectly by (Name) must stop immediately- my family and I have the right to live in peace and serve God how we choose.
Sincerely,
signature
Name Typed
Owner/Resident
encl: Notice of Courtesy Violations
cc: State of Ohio
Senator Name and ddress
cc: complantants name and address
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