As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 388 5
1997-1998 6
REPRESENTATIVES HAINES-MOTTLEY-OPFER-GARCIA-LUCAS-TERWILLEGER- 8
REID-OGG-CORBIN-LEWIS-VESPER-OLMAN-HARRIS-METZGER-JOHNSON 9
11
A B I L L
To amend sections 303.04, 303.13, 303.15, 519.04, 13
519.13, and 519.15 of the Revised Code to provide 16
for the appointment of two alternate members to 17
a county rural zoning commission, a county board 18
of zoning appeals, a township zoning commission, 19
and a township board of zoning appeals. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 303.04, 303.13, 303.15, 519.04, 24
519.13, and 519.15 of the Revised Code be amended to read as 26
follows:
Sec. 303.04. The board of county commissioners of any 35
county proceeding under sections 303.01 to 303.25, inclusive, of 36
the Revised Code, shall create and establish a county rural 37
zoning commission. The commission shall be composed of five 38
members who reside in the unincorporated area of the county to be 39
zoned, to be appointed by the board, and the. THE BOARD OF 40
COUNTY COMMISSIONERS MAY APPOINT TWO ALTERNATE MEMBERS TO THE 42
COUNTY RURAL ZONING COMMISSION, FOR TERMS TO BE DETERMINED BY THE 43
BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE 44
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE 45
COUNTY RURAL ZONING COMMISSION, ACCORDING TO PROCEDURES 46
PRESCRIBED BY RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. 47
AN ALTERNATE MEMBER SHALL MEET THE SAME APPOINTMENT CRITERIA AS A 48
REGULAR MEMBER. WHEN ATTENDING A MEETING ON BEHALF OF AN ABSENT 49
MEMBER, THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE 50
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ABSENT MEMBER IS AUTHORIZED TO VOTE. THE terms of the REGULAR 52
members shall be of such length and so arranged that the term of 53
one member will expire each year. Where there is a county or 54
regional planning commission the board of county commissioners 55
may appoint qualified members of such commission who reside in 56
the unincorporated area of the county to serve on the county 57
rural zoning commission. Each REGULAR OR ALTERNATE member shall 58
serve until his THE MEMBER'S successor is appointed and 60
qualified. Members of the zoning commission shall be removable 61
for nonperformance of duty, misconduct in office, or other cause 62
by the board, upon written charges being filed with the board, 63
after a public hearing has been held regarding such charges, and 64
after a copy of the charges has been served upon the member so 65
charged at least ten days prior to the hearing, either 66
personally, by registered mail, or by leaving such copy at his 67
THE MEMBER'S usual place of residence. The member shall be given 69
an opportunity to be heard and answer such charges. Vacancies 70
shall be filled by the board and shall be for the unexpired term. 71
Sec. 303.13. In any county which adopts zoning regulations 80
the board of county commissioners shall appoint a county board of 81
zoning appeals COMPOSED of five members who shall be residents of 82
the unincorporated territory in the county included in the area 83
zoned, not more than two of whom shall be from any one township 84
if the area zoned includes three or more townships. THE BOARD OF 86
COUNTY COMMISSIONERS MAY APPOINT TWO ALTERNATE MEMBERS TO THE 87
COUNTY BOARD OF ZONING APPEALS, FOR TERMS TO BE DETERMINED BY THE 88
BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE 89
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE BOARD 90
OF ZONING APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE 91
MEMBER SHALL MEET THE SAME APPOINTMENT CRITERIA AS A REGULAR 92
MEMBER. WHEN ATTENDING A MEETING ON BEHALF OF AN ABSENT MEMBER, 93
THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE ABSENT 94
MEMBER IS AUTHORIZED TO VOTE. The terms of all REGULAR members 96
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shall be of such length and so arranged that the term of one 98
member will expire each year. Each REGULAR OR ALTERNATE member
shall serve until his THE MEMBER'S successor is appointed and 100
qualified. Members may be removed for the same causes and in the 102
same manner as provided by section 303.04 of the Revised Code. 103
Vacancies shall be filled by the board of county commissioners 104
and shall be for the unexpired term. The members may be allowed 105
their expenses, or SUCH compensation, or both, as the board of 107
county commissioners may approve and provide. 108
The board of zoning appeals may, within the limits of the 110
moneys appropriated by the board of county commissioners for the 111
purpose, employ such executive, professional, technical, and 112
other assistants as it deems CONSIDERS necessary. 113
Sec. 303.15. The county board of zoning appeals shall 122
organize and adopt rules in accordance with the zoning 123
resolution. Meetings of the board of zoning appeals shall be 124
held at the call of the chairman CHAIRPERSON, and at such other 125
times as the board determines. The chairman CHAIRPERSON, or in 127
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 129
may administer oaths, and the board of zoning appeals may compel 131
the attendance of witnesses. All meetings of the board of zoning 132
appeals shall be open to the public. The board of zoning appeals 133
shall keep minutes of its proceedings showing the vote of each 134
REGULAR OR ALTERNATE member upon each question, or, if absent or 135
failing to vote, indicating such fact, and shall keep records of 136
its examinations and other official actions, all of which shall 137
be immediately filed in the office of the board of county 138
commissioners and be a public record. 139
Appeals to the board of zoning appeals may be taken by any 141
person aggrieved or by any officer of the county affected by any 142
decision of the administrative officer. Such appeal shall be 143
taken within twenty days after the decision by filing, with the 144
officer from whom the appeal is taken and with the board of 145
zoning appeals, a notice of appeal specifying the grounds. The 146
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officer from whom the appeal is taken shall transmit to the board 147
of zoning appeals all the papers constituting the record upon 148
which the action appealed from was taken. 149
The board of zoning appeals shall fix a reasonable time for 151
the public hearing of the appeal, give at least ten days' notice 152
in writing to the parties in interest, give notice of such public 153
hearing by one publication in one or more newspapers of general 154
circulation in the county at least ten days before the date of 155
such hearing, and decide the appeal within a reasonable time 156
after it is submitted. Upon the hearing, any person may appear 157
in person or by attorney. 158
Sec. 519.04. The board of township trustees of any 167
township proceeding under sections 519.01 to 519.99, inclusive, 168
of the Revised Code, shall create and establish a township zoning 169
commission. The commission shall be composed of five members who 170
reside in the unincorporated area of the township, to be 171
appointed by the board, and the. THE BOARD OF TOWNSHIP TRUSTEES 173
MAY APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP ZONING 174
COMMISSION, FOR TERMS TO BE DETERMINED BY THE BOARD OF TOWNSHIP 175
TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF AN ABSENT 176
REGULAR MEMBER AT ANY MEETING OF THE TOWNSHIP ZONING COMMISSION, 177
ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE BOARD OF 178
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE SAME 179
APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A 180
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY 181
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO 182
VOTE. THE terms of the REGULAR members shall be of such length 184
and so arranged that the term of one member will expire each 185
year. Where there is a county or regional planning commission 186
the board may appoint qualified members of such commission to 187
serve on the township zoning commission. Each REGULAR OR 188
ALTERNATE member shall serve until his THE MEMBER'S successor is 190
appointed and qualified. Members of the zoning commission shall
be removable for nonperformance of duty, misconduct in office, or 191
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other cause by the board, upon written charges being filed with 192
the board, after a public hearing has been held regarding such 193
charges, and after a copy of the charges has been served upon the 194
member so charged at least ten days prior to the hearing, either 195
personally, by registered mail, or by leaving such copy at his 196
THE MEMBER'S usual place of residence. The member shall be given 199
an opportunity to be heard and answer such charges. Vacancies 200
shall be filled by the board and shall be for the unexpired term. 201
Sec. 519.13. In any township, which adopts zoning 210
regulations the board of township trustees shall appoint a 212
township board of zoning appeals COMPOSED of five members who 214
shall be residents of the unincorporated territory in the
township included in the area zoned. THE BOARD OF TOWNSHIP 216
TRUSTEES MAY APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP BOARD 217
OF ZONING APPEALS, FOR TERMS TO BE DETERMINED BY THE BOARD OF 218
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF 219
AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE BOARD OF ZONING 220
APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE 221
BOARD OF TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE
SAME APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A 222
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY 223
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO 224
VOTE. The terms of all REGULAR members shall be of such length 225
and so arranged that the term of one member will expire each 226
year. Each REGULAR OR ALTERNATE member shall serve until his THE 227
MEMBER'S successor is appointed and qualified. Members shall be 229
removable for the same causes and in the same manner as provided
by section 519.04 of the Revised Code. Vacancies shall be filled 230
by the board of township trustees and shall be for the unexpired 231
term. The members may be allowed their expenses, or such 232
compensation, or both, as the board of township trustees may 233
approve and provide.
The board of zoning appeals may, within the limits of the 235
moneys appropriated by the board of township trustees for the 236
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purpose, employ such executives EXECUTIVE, professional, 237
technical, and other assistants as is deems IT CONSIDERS 238
necessary.
Sec. 519.15. The township board of zoning appeals shall 247
organize and adopt rules in accordance with the zoning 248
resolution. Meetings of the board of zoning appeals shall be 249
held at the call of the chairman CHAIRPERSON, and at such other 250
times as the board determines. The chairman CHAIRPERSON, or in 252
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 254
may administer oaths, and the board of zoning appeals may compel 256
the attendance of witnesses. All meetings of the board of zoning 257
appeals shall be open to the public. The board of zoning appeals 258
shall keep minutes of its proceedings showing the vote of each 259
REGULAR OR ALTERNATE member upon each question, or, if absent or 260
failing to vote, indicating such fact, and shall keep records of 261
its examinations and other official actions, all of which shall 262
be immediately filed in the office of the board of township 263
trustees and be a public record. 264
Appeals to the board of zoning appeals may be taken by any 266
person aggrieved or by any officer of the township affected by 267
any decision of the administrative officer. Such appeal shall be 268
taken within twenty days after the decision by filing, with the 269
officer from whom the appeal is taken and with the board of 270
zoning appeals, a notice of appeal specifying the grounds. The 271
officer from whom the appeal is taken shall forthwith transmit to 272
the board of zoning appeals all the papers constituting the 273
record upon which the action appealed from was taken. 274
The board of zoning appeals shall fix a reasonable time for 276
the public hearing of the appeal, give at least ten days' notice 277
in writing to the parties in interest, give notice of such public 278
hearing by one publication in one or more newspapers of general 279
circulation in the county at least ten days before the date of 280
such hearing, and decide the appeal within a reasonable time 281
after it is submitted. Upon the hearing, any person may appear 282
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in person or by attorney. 283
Section 2. That existing sections 303.04, 303.13, 303.15, 285
519.04, 519.13, and 519.15 of the Revised Code are hereby 287
repealed.