In 1926 the U.S. Supreme Court handed down a decision that shook city landscapes in much of the United States. The case was Village of Euclid, Ohio v. Ambler Realty Co. The court in a 6 to 3 decision ruled that the town of Euclid could regulate and restrict the location of “trades.” Justice George Sutherland delivered the opinion. In this case an owner of 68 acres was told he could not build a factory on his tract because it was not zoned for that.
Most cases that followed have dealt with health and safety issues. As the years rolled by a new kind of zoning evolved – aesthetic zoning. As its name implies, cases can be argued on aesthetic grounds. Ohio (at last count) is one of 38 states that have allowed decisions to be based solely on aesthetics. Ohio and every other state have very broad police powers to control land usage. Unless you live on an island, you may be challenged by how you use your property.
Recent discussions about updating or revising our city’s exterior maintenance code will no doubt in part be based on aesthetics and rightfully so. An unkept property decreases the value of well maintained adjoining properties. If we didn’t have ordinances designed to make our towns liveable and aesthetic they could become hell holes.
A recent letter to the editor warns us to be on the lookout for “sheer ugliness in these ordinances.” I see ugliness in litter, garbage containers in the front scapes, uncut grass, green mildew on the north side of many buildings, vegetation growing out of gutters, boarded windows, etc. You may be allowed to sit in your front yard and drink beer but you can’t put up a golden arch. These things don’t belong in front yards anymore than “a pig belongs in a parlor” to borrow a phrase of Justice Sutherland.
The East Side Neighborhood group was very involved in getting a new garbage container ordinance to regulate where garbage containers can be stored. The challenge is enforcement. If we had more code enforcement officers, fees collected could be used to assist landowners who might otherwise be unable to pay for upkeep.
Rose C. Hess
East Side Residential Neighborhood Group
