A story by Connie O'Connor on John Gray. This article is also featured in the March 10, 2025, issue of The Ripple.

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John Gray is a man with a mission: to protect his organic farm and preserve the rural character of Batavia Township. Along the way, he is learning a lot about tools that citizens can use to try to influence decisions in their communities. Where state statute and municipal charters allow, townships provide residents with the right to initiative (the ability to place a new proposal on the ballot without township board action) and the right to referendum (placing a proposal on the ballot to allow residents to approve or reject existing township board decisions). Referenda are like “veto power” where township residents can disapprove of township board decisions by majority vote.

These processes are a form of direct democracy. They can begin with citizens or with an organization, and every initiative or referendum has different signature requirements, petition form requirements, language required on the petition, and qualifications of the petition signers. A referendum puts the approved action on hold until the next election. An initiative petition does not take effect until and if approved at an election. John has explored both in his efforts to change the minds of elected officials.

John is a retired mechanical engineer and current organic farmer. He purchased 10 acres of farmland in Batavia township 12 years ago with the goal of growing organic produce for his family. Pretty soon, he was growing more produce than they needed and now sells the surplus on marketwagon.com.

Next to his farm was a 100-acre farm zoned agricultural. The new owner received approval for a zoning change to “Estate Residential” for nine 2-acre lots along the state highway. But these lots did not sell. The owner then proposed selling the entire property to a national home developer who requested a zoning change to “Planned Development,” with a proposal to build high-density housing which is more affordable for homebuyers. Neighbors opposed this because the small lots and the extra highway traffic were not compatible with the existing neighborhood. John also worried about contamination of his organic farmland because of so many property owners adjoining his property.

Zoning Changes are a Multi-Step Process

John learned that when a zoning change is requested, it first goes to the county’s subdivision review group. They look to see if utilities like sewer and water will be available for new homes, and they also consider traffic and other factors. If approved, the request goes to the township zoning commission, comprised of volunteers appointed by the township trustees. The zoning commission has a public hearing and makes recommendations before the request moves to the township trustees for a final decision.‍

Public Input Matters

The township’s zoning resolutions define the zoning categories and their respective requirements or recommendations. When a developer submits plans, the zoning board holds a public meeting to allow the public to express their support or opposition. The zoning board then approves, denies, or approves with conditions, taking into account the Zoning Resolution requirements / recommendations and public comments. In the case of the property adjoining John’s farm, many neighbors attended the meeting to express their concern about more traffic on roads where many accidents already occur. 

Traffic Studies Are Important

Townships may have the authority to approve or deny new development, but counties often own the roads that are impacted by the increased residential traffic. So, when people expressed concerns about the impact of more development on the safety of their roads, a decision was delayed until a traffic study could be done. The study wasn’t as extensive as the neighbors felt was needed, and it was commissioned by the developer, which led to protests of a conflict of interest. In this case, the road involved was a State Route and the Ohio Department of Transportation must approve and make any improvements. The Township can request changes but they are not guaranteed. Ultimately, the trustees decided to deny the high-density plan. John says, “I give the trustees a lot of credit. They listened to everybody. They were courteous.” The developer re-designed a proposal with less houses and more green space which will go back through the whole process for reconsideration.

Growth Plans Give Guidance

All communities must make tough decisions about housing: its availability, affordability, location, and design. Land is expensive, and so smaller lots sometimes sell faster. Economies of scale come into play: a single landowner often can’t afford to bring utilities to a plot of land, but a developer can bring utilities to an entire planned development unit and therefore split the cost among many homes. In a free market capitalistic society, governments must balance private property rights with the common good of the larger community. This is no easy feat. Landowners may be quick to sue a municipality that limits how their land can be used, because it impacts the value of their land. Some communities, including Batavia Township, have a growth plan that helps zoning boards and trustees decide on acceptable uses of land in different areas.

The Batavia Township growth plan is guided by three priorities, including the “preservation of the rural character” of the community. But the land near John’s farm was marked as an infill area, meaning it could be developed for housing. What that housing looks like is up for interpretation. John explains, “a property owner should have the opportunity to do what they want within the community standards and expectations.” And lately, John isn’t so sure that the Planned Development zoning category meets the community standards of preserving the rural character of the community.

Come Together for Change

Ohio law only requires that adjacent neighbors be notified or requested zoning changes, so they are typically the only ones protesting a change in land use because it impacts them the most. When asked if he would be as upset about rezoning of land if it wasn’t adjacent to his, John admits, “I probably wouldn’t even know about it.”

And not everyone is concerned about more development in a community, as long as it’s not in their immediate area. Business owners might even applaud it, and people need places to live. Clermont County recently distributed a survey asking residents to prioritize among housing needs for seniors, veterans, young adults, families, people with limited income, and more. How is one supposed to choose? After all, nobody wants to see homelessness in their communities. Yet it’s common to want to be the last one to move into a community and then shut the doors to newcomers. That’s human nature. We buy property because we like the community, and lament the day that community changes. Alas, nothing is constant but change. 

As John started communicating with neighbors via Facebook and the Nextdoor App, and at public meetings, he realized that many dozens of people were concerned about development plans for the township. They came together to form an informal group called “Batavia Township for Responsible Development.” When citizens come together, they can organize to get petitions signed and spread the word about their goals. The group has launched an initiative petition to repeal the planned development zoning category altogether in Batavia township. This might seem extreme, but John explained, “We don’t have time to go in and cross out the parts of the zoning resolution we don’t like, so the quickest way to move forward is to just get rid of the whole thing and then work with the trustees to update it.” Ideally, he would like to see Planned Development zoning approvals suspended until the township has time to engage the public to understand what is acceptable, modify the Growth Plan and Zoning Resolution, and then put that on the ballot for voter approval.