Ohio Home Rule Doctrine (Constitution Article XVIII) (OH)
Tracked preemption from the Ohio overlay bundle.
Overview
← All state preemptionsOhio overlay roll-upOhio zoning wikiOhio building codesFederal overlaysGlossaryFederal-conflict: Not flagged
Effective
1912-09-03
Sunset
—
Authority
state
Scope
state:OH
Other Ohio preemptions
ORC §5104.054 — Type B Family Child Care Homes By-Right in Residential DistrictsORC §122.84 — Ohio Opportunity Zone Investment Tax CreditORC §4301.82 — Designated Outdoor Refreshment Area (DORA) Liquor PreemptionORC §519.212 — Permanently Sited Manufactured Home Zoning Preemption (Townships)ORC §303.212 — Permanently Sited Manufactured Home Zoning Preemption (Counties)ORC §713.15 — Nonconforming Use Grandfathering Floor (Municipal)ORC §§3735.65–3735.70 — Community Reinvestment Area (CRA) Tax Abatement FrameworkORC §3781.184 — Federal HUD Construction Standard Preemption (Manufactured Homes)
Trigger predicate
When this evaluates true for a parcel, the law's preempted fields take precedence over base zoning.
city.governance_type == municipal_corporationPreempted fields
0 fields on the base district schema are rewritten when the trigger fires.
Citation
Authority source
Ohio Constitution Article XVIII §§3, 7
§ Art. XVIII §3 (Municipal Powers) + §7 (Home Rule Charter)
Research notes
Meta-preemption framing. Ohio treats municipal zoning as a power of local self-government, not a delegated police power. For a state statute to preempt a municipal zoning ordinance, it generally must be a 'general law' (uniform operation statewide) AND address a matter that is not purely local self-government. Governed by the Canton v. State (2002) four-part test. Charter cities (~300 of ~900 municipalities, including Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Youngstown, Canton, Parma, Lorain) derive zoning authority directly from the Constitution; non-charter statutory cities/villages operate under ORC Chapter 713. Functions as a structural limit on state preemption power — most listed preemptions below apply only to townships/counties or are narrow use-class protections.