As Reported by the House Local Government and Townships Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 388 5
1997-1998 6
REPRESENTATIVES HAINES-MOTTLEY-OPFER-GARCIA-LUCAS-TERWILLEGER 8
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A B I L L
To amend sections 303.04, 303.13, 303.15, 519.04, 12
519.13, and 519.15 of the Revised Code to provide 15
for the appointment of two alternate members to 16
a county rural zoning commission, a county board 17
of zoning appeals, a township zoning commission, 18
and a township board of zoning appeals. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 303.04, 303.13, 303.15, 519.04, 23
519.13, and 519.15 of the Revised Code be amended to read as 25
follows:
Sec. 303.04. The board of county commissioners of any 34
county proceeding under sections 303.01 to 303.25, inclusive, of 35
the Revised Code, shall create and establish a county rural 36
zoning commission. The commission shall be composed of five 37
members who reside in the unincorporated area of the county to be 38
zoned, to be appointed by the board, and the. THE BOARD OF 39
COUNTY COMMISSIONERS MAY APPOINT TWO ALTERNATE MEMBERS TO THE 41
COUNTY RURAL ZONING COMMISSION, FOR TERMS TO BE DETERMINED BY THE 42
BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE 43
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE 44
COUNTY RURAL ZONING COMMISSION, ACCORDING TO PROCEDURES 45
PRESCRIBED BY RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. 46
AN ALTERNATE MEMBER SHALL MEET THE SAME APPOINTMENT CRITERIA AS A 47
REGULAR MEMBER. WHEN ATTENDING A MEETING ON BEHALF OF AN ABSENT 48
MEMBER, THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE 49
ABSENT MEMBER IS AUTHORIZED TO VOTE. THE terms of the REGULAR 51
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members shall be of such length and so arranged that the term of 52
one member will expire each year. Where there is a county or 53
regional planning commission the board of county commissioners 54
may appoint qualified members of such commission who reside in 55
the unincorporated area of the county to serve on the county 56
rural zoning commission. Each REGULAR OR ALTERNATE member shall 57
serve until his THE MEMBER'S successor is appointed and 59
qualified. Members of the zoning commission shall be removable 60
for nonperformance of duty, misconduct in office, or other cause 61
by the board, upon written charges being filed with the board, 62
after a public hearing has been held regarding such charges, and 63
after a copy of the charges has been served upon the member so 64
charged at least ten days prior to the hearing, either 65
personally, by registered mail, or by leaving such copy at his 66
THE MEMBER'S usual place of residence. The member shall be given 68
an opportunity to be heard and answer such charges. Vacancies 69
shall be filled by the board and shall be for the unexpired term. 70
Sec. 303.13. In any county which adopts zoning regulations 79
the board of county commissioners shall appoint a county board of 80
zoning appeals of five members who shall be residents of the 81
unincorporated territory in the county included in the area 82
zoned, not more than two of whom shall be from any one township 83
if the area zoned includes three or more townships. THE BOARD OF 85
COUNTY COMMISSIONERS MAY APPOINT TWO ALTERNATE MEMBERS TO THE 86
COUNTY BOARD OF ZONING APPEALS, FOR TERMS TO BE DETERMINED BY THE 87
BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE 88
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE BOARD 89
OF ZONING APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE 90
MEMBER SHALL MEET THE SAME APPOINTMENT CRITERIA AS A REGULAR 91
MEMBER. WHEN ATTENDING A MEETING ON BEHALF OF AN ABSENT MEMBER, 92
THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE ABSENT 93
MEMBER IS AUTHORIZED TO VOTE. The terms of all REGULAR members 95
shall be of such length and so arranged that the term of one 97
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member will expire each year. Each REGULAR OR ALTERNATE member
shall serve until his THE MEMBER'S successor is appointed and 99
qualified. Members may be removed for the same causes and in the 101
same manner as provided by section 303.04 of the Revised Code. 102
Vacancies shall be filled by the board of county commissioners 103
and shall be for the unexpired term. The members may be allowed 104
their expenses, or SUCH compensation, or both, as the board of 106
county commissioners may approve and provide. 107
The board of zoning appeals may, within the limits of the 109
moneys appropriated by the board of county commissioners for the 110
purpose, employ such executive, professional, technical, and 111
other assistants as it deems CONSIDERS necessary. 112
Sec. 303.15. The county board of zoning appeals shall 121
organize and adopt rules in accordance with the zoning 122
resolution. Meetings of the board of zoning appeals shall be 123
held at the call of the chairman CHAIRPERSON, and at such other 124
times as the board determines. The chairman CHAIRPERSON, or in 126
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 128
may administer oaths, and the board of zoning appeals may compel 130
the attendance of witnesses. All meetings of the board of zoning 131
appeals shall be open to the public. The board of zoning appeals 132
shall keep minutes of its proceedings showing the vote of each 133
REGULAR OR ALTERNATE member upon each question, or, if absent or 134
failing to vote, indicating such fact, and shall keep records of 135
its examinations and other official actions, all of which shall 136
be immediately filed in the office of the board of county 137
commissioners and be a public record. 138
Appeals to the board of zoning appeals may be taken by any 140
person aggrieved or by any officer of the county affected by any 141
decision of the administrative officer. Such appeal shall be 142
taken within twenty days after the decision by filing, with the 143
officer from whom the appeal is taken and with the board of 144
zoning appeals, a notice of appeal specifying the grounds. The 145
officer from whom the appeal is taken shall transmit to the board 146
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of zoning appeals all the papers constituting the record upon 147
which the action appealed from was taken. 148
The board of zoning appeals shall fix a reasonable time for 150
the public hearing of the appeal, give at least ten days' notice 151
in writing to the parties in interest, give notice of such public 152
hearing by one publication in one or more newspapers of general 153
circulation in the county at least ten days before the date of 154
such hearing and decide the appeal within a reasonable time after 155
it is submitted. Upon the hearing, any person may appear in 156
person or by attorney. 157
Sec. 519.04. The board of township trustees of any 166
township proceeding under sections 519.01 to 519.99, inclusive, 167
of the Revised Code, shall create and establish a township zoning 168
commission. The commission shall be composed of five members who 169
reside in the unincorporated area of the township, to be 170
appointed by the board, and the. THE BOARD OF TOWNSHIP TRUSTEES 172
MAY APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP ZONING 173
COMMISSION, FOR TERMS TO BE DETERMINED BY THE BOARD OF TOWNSHIP 174
TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF AN ABSENT 175
REGULAR MEMBER AT ANY MEETING OF THE TOWNSHIP ZONING COMMISSION, 176
ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE BOARD OF 177
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE SAME 178
APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A 179
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY 180
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO 181
VOTE. THE terms of the REGULAR members shall be of such length 183
and so arranged that the term of one member will expire each 184
year. Where there is a county or regional planning commission 185
the board may appoint qualified members of such commission to 186
serve on the township zoning commission. Each REGULAR OR 187
ALTERNATE member shall serve until his A successor is appointed 188
and qualified. Members of the zoning commission shall be 189
removable for nonperformance of duty, misconduct in office, or
other cause by the board, upon written charges being filed with 190
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the board, after a public hearing has been held regarding such 191
charges, and after a copy of the charges has been served upon the 192
member so charged at least ten days prior to the hearing, either 193
personally, by registered mail or by leaving such copy at his THE 194
MEMBER'S usual place of residence. The member shall be given an 196
opportunity to be heard and answer such charges. Vacancies shall 197
be filled by the board and shall be for the unexpired term. 198
Sec. 519.13. In any township, which adopts zoning 207
regulations the board of township trustees shall appoint a 209
township board of zoning appeals of five members who shall be 210
residents of the unincorporated territory in the township
included in the area zoned. THE BOARD OF TOWNSHIP TRUSTEES MAY 212
APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP BOARD OF ZONING 213
APPEALS, FOR TERMS TO BE DETERMINED BY THE BOARD OF TOWNSHIP 214
TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF AN ABSENT 215
REGULAR MEMBER AT ANY MEETING OF THE BOARD OF ZONING APPEALS, 216
ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE BOARD OF 217
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE SAME
APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A 218
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY 219
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO 220
VOTE. The terms of all REGULAR members shall be of such length 221
and so arranged that the term of one member will expire each 222
year. Each REGULAR OR ALTERNATE member shall serve until his THE 223
MEMBER'S successor is appointed and qualified. Members shall be 225
removable for the same causes and in the same manner as provided
by section 519.04 of the Revised Code. Vacancies shall be filled 226
by the board of township trustees and shall be for the unexpired 227
term. The members may be allowed their expenses, or such 228
compensation, or both, as the board of township trustees may 229
approve and provide.
The board of zoning appeals may, within the limits of the 231
moneys appropriated by the board of township trustees for the 232
purpose, employ such executives EXECUTIVE, professional, 233
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technical, and other assistants as is deems IT CONSIDERS 234
necessary.
Sec. 519.15. The township board of zoning appeals shall 243
organize and adopt rules in accordance with the zoning 244
resolution. Meetings of the board of zoning appeals shall be 245
held at the call of the chairman CHAIRPERSON, and at such other 246
times as the board determines. The chairman CHAIRPERSON, or in 248
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 250
may administer oaths, and the board of zoning appeals may compel 252
the attendance of witnesses. All meetings of the board of zoning 253
appeals shall be open to the public. The board of zoning appeals 254
shall keep minutes of its proceedings showing the vote of each 255
REGULAR OR ALTERNATE member upon each question, or, if absent or 256
failing to vote, indicating such fact, and shall keep records of 257
its examinations and other official actions, all of which shall 258
be immediately filed in the office of the board of township 259
trustees and be a public record. 260
Appeals to the board of zoning appeals may be taken by any 262
person aggrieved or by any officer of the township affected by 263
any decision of the administrative officer. Such appeal shall be 264
taken within twenty days after the decision by filing, with the 265
officer from whom the appeal is taken and with the board of 266
zoning appeals, a notice of appeal specifying the grounds. The 267
officer from whom the appeal is taken shall forthwith transmit to 268
the board of zoning appeals all the papers constituting the 269
record upon which the action appealed from was taken. 270
The board of zoning appeals shall fix a reasonable time for 272
the public hearing of the appeal, give at least ten days' notice 273
in writing to the parties in interest, give notice of such public 274
hearing by one publication in one or more newspapers of general 275
circulation in the county at least ten days before the date of 276
such hearing and decide the appeal within a reasonable time after 277
it is submitted. Upon the hearing, any person may appear in 278
person or by attorney. 279
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Section 2. That existing sections 303.04, 303.13, 303.15, 281
519.04, 519.13, and 519.15 of the Revised Code are hereby 283
repealed.