As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 388 5
1997-1998 6
REPRESENTATIVES HAINES-MOTTLEY-OPFER-GARCIA-LUCAS 8
10
A B I L L
To amend sections 303.13, 303.15, 519.13, and 519.15 12
of the Revised Code to provide for the 13
appointment of two alternate members to a ounty 14
board of zoning appeals and a township board of 15
zoning ppeals. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 303.13, 303.15, 519.13, and 20
519.15 of the Revised Code be amended to read as follows: 21
Sec. 303.13. In any county which adopts zoning regulations 30
the board of county commissioners shall appoint a county board of 31
zoning appeals of five members who shall be residents of the 32
unincorporated territory in the county included in the area 33
zoned, not more than two of whom shall be from any one township 34
if the area zoned includes three or more townships. THE BOARD OF 36
COUNTY COMMISSIONERS MAY APPOINT TWO ALTERNATE MEMBERS TO THE 37
COUNTY BOARD OF ZONING APPEALS, FOR TERMS TO BE DETERMINED BY THE 38
BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE 39
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE BOARD 40
OF ZONING APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE 41
MEMBER SHALL MEET THE SAME APPOINTMENT CRITERIA AS A REGULAR 42
MEMBER. WHEN ATTENDING A MEETING ON BEHALF OF AN ABSENT MEMBER, 43
THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE ABSENT 44
MEMBER IS AUTHORIZED TO VOTE. The terms of all REGULAR members 46
shall be of such length and so arranged that the term of one 48
member will expire each year. Each REGULAR OR ALTERNATE member
2
shall serve until his THE MEMBER'S successor is appointed and 50
qualified. Members may be removed for the same causes and in the 52
same manner as provided by section 303.04 of the Revised Code. 53
Vacancies shall be filled by the board of county commissioners 54
and shall be for the unexpired term. The members may be allowed 55
their expenses, or SUCH compensation, or both, as the board of 57
county commissioners may approve and provide. 58
The board of zoning appeals may, within the limits of the 60
moneys appropriated by the board of county commissioners for the 61
purpose, employ such executive, professional, technical, and 62
other assistants as it deems CONSIDERS necessary. 63
Sec. 303.15. The county board of zoning appeals shall 72
organize and adopt rules in accordance with the zoning 73
resolution. Meetings of the board of zoning appeals shall be 74
held at the call of the chairman CHAIRPERSON, and at such other 75
times as the board determines. The chairman CHAIRPERSON, or in 77
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 79
may administer oaths, and the board of zoning appeals may compel 81
the attendance of witnesses. All meetings of the board of zoning 82
appeals shall be open to the public. The board of zoning appeals 83
shall keep minutes of its proceedings showing the vote of each 84
REGULAR OR ALTERNATE member upon each question, or, if absent or 85
failing to vote, indicating such fact, and shall keep records of 86
its examinations and other official actions, all of which shall 87
be immediately filed in the office of the board of county 88
commissioners and be a public record. 89
Appeals to the board of zoning appeals may be taken by any 91
person aggrieved or by any officer of the county affected by any 92
decision of the administrative officer. Such appeal shall be 93
taken within twenty days after the decision by filing, with the 94
officer from whom the appeal is taken and with the board of 95
zoning appeals, a notice of appeal specifying the grounds. The 96
officer from whom the appeal is taken shall transmit to the board 97
of zoning appeals all the papers constituting the record upon 98
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which the action appealed from was taken. 99
The board of zoning appeals shall fix a reasonable time for 101
the public hearing of the appeal, give at least ten days' notice 102
in writing to the parties in interest, give notice of such public 103
hearing by one publication in one or more newspapers of general 104
circulation in the county at least ten days before the date of 105
such hearing and decide the appeal within a reasonable time after 106
it is submitted. Upon the hearing, any person may appear in 107
person or by attorney. 108
Sec. 519.13. In any township, which adopts zoning 117
regulations the board of township trustees shall appoint a 119
township board of zoning appeals of five members who shall be 120
residents of the unincorporated territory in the township
included in the area zoned. THE BOARD OF TOWNSHIP TRUSTEES MAY 122
APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP BOARD OF ZONING 123
APPEALS, FOR TERMS TO BE DETERMINED BY THE BOARD OF TOWNSHIP 124
TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF AN ABSENT 125
REGULAR MEMBER AT ANY MEETING OF THE BOARD OF ZONING APPEALS, 126
ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE BOARD OF 127
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE SAME
APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A 128
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY 129
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO 130
VOTE. The terms of all REGULAR members shall be of such length 131
and so arranged that the term of one member will expire each 132
year. Each REGULAR OR ALTERNATE member shall serve until his THE 133
MEMBER'S successor is appointed and qualified. Members shall be 135
removable for the same causes and in the same manner as provided
by section 519.04 of the Revised Code. Vacancies shall be filled 136
by the board of township trustees and shall be for the unexpired 137
term. The members may be allowed their expenses, or such 138
compensation, or both, as the board of township trustees may 139
approve and provide.
The board of zoning appeals may, within the limits of the 141
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moneys appropriated by the board of township trustees for the 142
purpose, employ such executives EXECUTIVE, professional, 143
technical, and other assistants as is deems IT CONSIDERS 144
necessary.
Sec. 519.15. The township board of zoning appeals shall 153
organize and adopt rules in accordance with the zoning 154
resolution. Meetings of the board of zoning appeals shall be 155
held at the call of the chairman CHAIRPERSON, and at such other 156
times as the board determines. The chairman CHAIRPERSON, or in 158
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 160
may administer oaths, and the board of zoning appeals may compel 162
the attendance of witnesses. All meetings of the board of zoning 163
appeals shall be open to the public. The board of zoning appeals 164
shall keep minutes of its proceedings showing the vote of each 165
REGULAR OR ALTERNATE member upon each question, or, if absent or 166
failing to vote, indicating such fact, and shall keep records of 167
its examinations and other official actions, all of which shall 168
be immediately filed in the office of the board of township 169
trustees and be a public record. 170
Appeals to the board of zoning appeals may be taken by any 172
person aggrieved or by any officer of the township affected by 173
any decision of the administrative officer. Such appeal shall be 174
taken within twenty days after the decision by filing, with the 175
officer from whom the appeal is taken and with the board of 176
zoning appeals, a notice of appeal specifying the grounds. The 177
officer from whom the appeal is taken shall forthwith transmit to 178
the board of zoning appeals all the papers constituting the 179
record upon which the action appealed from was taken. 180
The board of zoning appeals shall fix a reasonable time for 182
the public hearing of the appeal, give at least ten days' notice 183
in writing to the parties in interest, give notice of such public 184
hearing by one publication in one or more newspapers of general 185
circulation in the county at least ten days before the date of 186
such hearing and decide the appeal within a reasonable time after 187
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it is submitted. Upon the hearing, any person may appear in 188
person or by attorney. 189
Section 2. That existing sections 303.13, 303.15, 519.13, 191
and 519.15 of the Revised Code are hereby repealed. 192