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            


                                                                   10           

                           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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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.