Painesville City Council approves new agriculture, personal gardening rules
Apr. 20—Painesville City Council recently approved new zoning rules that require residents to get city approval to use property for agriculture or sell plants grown for personal use.
The new rules were approved 5-0 at council's April 15 meeting, with council members Nick Augustine and Paul Hach excused on leave.
The new rules restrict the definition of agricultural uses to growing crops, flowers or grapes for sale on a property that is 5 acres or larger. These uses will now require a conditional use permit from the city.
City Planning Director Sarah Sitterle previously said that these rules also define agriculture as a primary use, and landowners will not be able to live on a parcel being used for commercial farming. These landowners also cannot use RVs, mobile homes or similar structures as accessory structures on agricultural properties.
These agricultural uses will continue to be restricted to properties in the R-1 single-family residential and S-1 special zoning districts.
Personal gardening is still allowed on residential properties, though residents will now need to get permission from city planning officials before selling any extra plants they grow.
Residents can also continue to raise domesticated animals on their properties, including chickens, dogs, cats, gerbils, pot belly pigs and other household animals.
City resident Mike Fade spoke during the public hearing for the new rules, asking council members if they believed that the new rules were taking away residents' rights. He said that agricultural uses on 5 acres or more did not previously require a permit.
He brought up an example of a future scenario where people would need to grow food for themselves.
Sitterle said that the new rules were proposed "because of many inquiries about large animals and changing the definition for those purposes."
"Now, the city's largely built out," she added. "There may be a handful of properties over 5 acres, where there were many more in days past and years past. There's really no one operating a farm within the city limits. There is one property owner that has some agricultural use property, but not technically crops and things like that."
Councilwoman Christine Shoop added that she did not think the city was taking away residents' rights.
"Especially because there's no one today that's doing it," she added.
The new rules were recommended by the Painesville Planning Commission in March and introduced at council later that month.
Council also passed a separate livestock ban at the end of March, applying to animals including horses, sheep, cattle, mules, swine and other animals. City consultant Rita McMahon previously said that Painesville's animal cruelty laws still apply to livestock being transported through the city.
