Why you should know some basics about Land Development Code before investing in a new property.

Jon Flowers
Mar 9, 2022
5 min read

Ready Set Go !!

So you are eying up that first property, good for you! The process of land acquisition and ownership can be daunting for even the most seasoned buyers. While it is totally possible to turn over all aspects of this process to qualified professionals, the impact on your finances can be significant. The idea here is to arm you with some basic concepts and principals, so you ask the important questions of the individuals involved with making your dream a reality. The idea that the land is yours and you can do with it whatever you want, is a misconception. Once the property is purchased, you as the buyer inherit any issues that were not uncovered in the acquisition process. There are various individuals involved with your property acquisition, these individuals have different motives and interest, so educating yourself as a buyer is vitally important.

The purpose of the Land Development Code.

In Marion County the Code is adopted to protect the public health, safety, and general welfare while allowing, encouraging, and promoting flexibility, economy, and ingenuity in the layout and design of land development.

The code is in place to promote a method to the growth and development of the area and it also ensures that development is in line with the comprehensive plan established by the regulating officials. Codes are not universal from one city to the next, the jurisdiction in which your property falls will dictate what codes you will ultimately adhere to. Code violations in Marion county are considered non-criminal and are enforced by the Code Enforcement Board. Code enforcement officers are authorized to issue civil violations for code violations. When reviewing codes for your area take advantage of the definitions that are provided for terms that may be unfamiliar. Most issues associated with the land development code in Marion County will be handled by the planning and zoning commission (P&Z) or the development regulation commission (LDRC). Each group has specific duties associated with the process. If you desire to know the duties of these groups in detail refer to the Marion County Land Development Code.

Zoning is everything.

Your parcel's zoning determination is absolutely vital, it will ultimately determine what you can and can't do with your real estate investment. When in Rome do as the Romans do, right? Wrong, you will do exactly what your zoning determination allows, it will provide the criteria that governs the vision you have for your investment property. Below is a glance at some of the zoning classifications within Marion County.

A1 - The General Agriculture classification is intended to preserve agriculture as the primary use. This classification in the Urban Area may be used for agriculture until it is rezoned to another permitted classification.
A2 - The Improved Agriculture classification is intended to provide for general farming and animal husbandry with accessory uses, involving substantial improvement and development, and for which certain restrictive zoning is necessary to minimize conflicts and protect the character of the area.
A3 - The Residential Agricultural Estate Classification is intended to provide for areas whose present or prospective use is animal husbandry with attendant agricultural and accessory uses; providing a rural or farm atmosphere in which single family home ownership may be combined with small parcel development and where the growing of supplemental food supplies for families will be encouraged. It is also intended to permit a reasonable use of the property while protecting prime agricultural or natural area from urban encroachment and preventing rapid expansion of demands on public facilities such as school, roads, and water and sewer lines.
RR-1 - The Rural Residential Classification provides for rural residential development with home sites and certain agricultural uses, which are compatible with rural residential development. All residentially zoned parcels of record located in Rural Lands are eligible for rezoning to this classification. Agriculturally zoned parcels shall not be rezoned to this classification.
R-E - The Residential Estate classification provides for low-density urban residential development with large lot home sites and certain agricultural uses, which are compatible with residential development.
R-1 - The Single Family Dwelling Classification is intended to provide areas for medium-density residential development.
R-2 - The One- and Two-Family Dwelling classification is intended to provide areas for medium and high- density residential development and includes both one-family and two-family dwellings.
R-3 - The Multi-Family Dwelling classification is intended to provide for high-density and urban residential development, including multi-family dwellings in areas served by public or private water and sewer facilities.
R-4 - The Mixed Residential classification is intended to provide for medium-density, single family or two-family, residential development utilizing a mix of single or double-wide manufactured homes and conventional construction homes.

For the sake of this article all zones have not been listed here. For a complete list of zones refer to the Marion County Land Development Code.

What some common code violations look like.

Image provided by Hudson Ohio Code Enforcement

What your Zone will ultimately dictate.

Below are some of the items that will be dictated by your zone designation. This information will help you determine what classification is a good fit for the vision you have for your investment.

Permitted uses - All of the allowable uses for the property that do not require a permit.
Special Uses - These items are allowed in your zone but require a permit to operate legally within the land development code.
Development Standards - Minimum lot area and width, Maximum building heights and floor area ratios.
Setback Minimums - How far off of the property line your structures must be. These vary from zone to zone and have different values for front side and back. The front of your lot is defined as the area touching your street access.

What to do with this information.

Now that you know what the Land development code is and what zoning is intended for, apply this knowledge to your investment property or dream home. First step is to go to your local property appraiser site. Your desired property can be searched by name, address, or even the parcel number. Once you have found it, identify the zone of that property, which can be found on your property card. Armed with that information you can check the specific codes for your county via the published Land development codes. Now you are ready to bring the contractors in, to help you visualize your dream. Your knowledge of the zoning restrictions can help in your choice of type and size of the home you build. Additionally when your property is surveyed, you can request the surveyor to physically mark your setback lines to aid in the construction process. Knowledge is power, use this general information to avoid making mistakes and save your precious resources.