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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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.