City's Role In Development

In recent years, both online and in-person discussions have frequently addressed the topic of land use, planning, and zoning in Beavercreek. Many community members have expressed concerns about ongoing development, stating that it results in the loss of green space and urging the city to halt the approval of new housing projects. However, it is important to understand the legal framework that governs zoning and development.

What is Zoning?

Zoning is a legal tool that cities use to regulate land use, as granted by the Ohio Constitution through municipal home rule authority. Through zoning, the city divides land into specific districts, each governed by regulations outlined in Beavercreek’s Zoning Code. These regulations are designed to promote orderly development while ensuring public health, safety, and welfare (Beavercreek Zoning Code § 158.002).

The Zoning Code specifies permitted and conditional land uses, as well as development standards such as:

  • Minimum lot sizes and dimensions
  • Required setbacks for primary and accessory structures
  • Maximum building heights
  • Regulations for accessory uses (Beavercreek Zoning Code § 158.015)

These rules help guide the city's growth while balancing private property rights with the overall public interest.

Can the City Stop Development?

Zoning laws are not designed to, nor can they, stop development outright. The U.S. Supreme Court has ruled that while zoning regulations can restrict how land is used, they must have a substantial connection to public health, safety, morals, or general welfare (Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 [1922]).

Furthermore, if the city were to prevent a property owner from developing their land without just cause, it could be considered a regulatory taking. In such cases, the Fifth Amendment requires that the city provide just compensation to the landowner (Lucas v. South Carolina Coastal Council, 505 U.S. 1003 [1992]). This means that if the City of Beavercreek were to declare land as undevelopable without a legally valid reason, taxpayer dollars would be required to purchase the land from the owner.

Infrastructure and Development Considerations

Some residents have raised concerns about the impact of new development on infrastructure, such as roads and water/sewer systems. While these factors can be considered, any decision to deny a project on these grounds must be supported by a professional infrastructure study funded by the city, which is often very costly. (Kinney v. Bd. of Zoning Appeals, 2021-Ohio-4217).

Additionally, the potential impact on schools is not a legally recognized factor in zoning decisions. Concerns about the loss of green space or general opposition to new development are not sufficient justifications to halt projects. If the community wishes to preserve specific areas as open space, the city would need to purchase the land using taxpayer funds.

Conclusion

While the City of Beavercreek has zoning laws in place to manage growth and development in an orderly manner, these laws do not grant the authority to stop development entirely. If you have further questions about planning and development in Beavercreek, you can contact the city’s Planning and Development Department at (937) 427-5512 or via email at planning@beavercreekohio.gov.