As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
122nd General Assembly 5
Regular Session Am. Sub. H. B. No. 388 6
1997-1998 7
REPRESENTATIVES HAINES-MOTTLEY-OPFER-GARCIA-LUCAS-TERWILLEGER- 9
REID-OGG-CORBIN-LEWIS-VESPER-OLMAN-HARRIS-METZGER-JOHNSON- 10
SENATORS GARDNER-MUMPER-SCHAFRATH 11
13
A B I L L
To amend sections 303.04, 303.13, 303.15, 519.04, 15
519.13, and 519.15 of the Revised Code to provide 18
for the appointment of two alternate members to 19
a county rural zoning commission, a county board 20
of zoning appeals, a township zoning commission, 21
and a township board of zoning appeals. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 303.04, 303.13, 303.15, 519.04, 26
519.13, and 519.15 of the Revised Code be amended to read as 28
follows:
Sec. 303.04. The board of county commissioners of any 37
county proceeding under sections 303.01 to 303.25, inclusive, of 38
the Revised Code, shall create and establish a county rural 39
zoning commission. The commission shall be composed of five 40
members who reside in the unincorporated area of the county to be 41
zoned, to be appointed by the board, and the. THE BOARD OF 42
COUNTY COMMISSIONERS MAY APPOINT TWO ALTERNATE MEMBERS TO THE 44
COUNTY RURAL ZONING COMMISSION, FOR TERMS TO BE DETERMINED BY THE 45
BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE 46
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE 47
COUNTY RURAL ZONING COMMISSION, ACCORDING TO PROCEDURES 48
PRESCRIBED BY RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. 49
AN ALTERNATE MEMBER SHALL MEET THE SAME APPOINTMENT CRITERIA AS A 50
2
REGULAR MEMBER. WHEN ATTENDING A MEETING ON BEHALF OF AN ABSENT 51
MEMBER, THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE 52
ABSENT MEMBER IS AUTHORIZED TO VOTE. THE terms of the REGULAR 54
members shall be of such length and so arranged that the term of 55
one member will expire each year. Where there is a county or 56
regional planning commission the board of county commissioners 57
may appoint qualified members of such commission who reside in 58
the unincorporated area of the county to serve on the county 59
rural zoning commission. Each REGULAR OR ALTERNATE member shall 60
serve until his THE MEMBER'S successor is appointed and 62
qualified. Members of the zoning commission shall be removable 63
for nonperformance of duty, misconduct in office, or other cause 64
by the board, upon written charges being filed with the board, 65
after a public hearing has been held regarding such charges, and 66
after a copy of the charges has been served upon the member so 67
charged at least ten days prior to the hearing, either 68
personally, by registered mail, or by leaving such copy at his 69
THE MEMBER'S usual place of residence. The member shall be given 71
an opportunity to be heard and answer such charges. Vacancies 72
shall be filled by the board and shall be for the unexpired term. 73
Sec. 303.13. In any county which adopts zoning regulations 82
the board of county commissioners shall appoint a county board of 83
zoning appeals COMPOSED of five members who shall be residents of 84
the unincorporated territory in the county included in the area 85
zoned, not more than two of whom shall be from any one township 86
if the area zoned includes three or more townships. THE BOARD OF 88
COUNTY COMMISSIONERS MAY APPOINT TWO ALTERNATE MEMBERS TO THE 89
COUNTY BOARD OF ZONING APPEALS, FOR TERMS TO BE DETERMINED BY THE 90
BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE 91
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE BOARD 92
OF ZONING APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE 93
MEMBER SHALL MEET THE SAME APPOINTMENT CRITERIA AS A REGULAR 94
MEMBER. WHEN ATTENDING A MEETING ON BEHALF OF AN ABSENT MEMBER, 95
3
THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE ABSENT 96
MEMBER IS AUTHORIZED TO VOTE. The terms of all REGULAR members 98
shall be of such length and so arranged that the term of one 100
member will expire each year. Each REGULAR OR ALTERNATE member
shall serve until his THE MEMBER'S successor is appointed and 102
qualified. Members may be removed for the same causes and in the 104
same manner as provided by section 303.04 of the Revised Code. 105
Vacancies shall be filled by the board of county commissioners 106
and shall be for the unexpired term. The members may be allowed 107
their expenses, or SUCH compensation, or both, as the board of 109
county commissioners may approve and provide. 110
The board of zoning appeals may, within the limits of the 112
moneys appropriated by the board of county commissioners for the 113
purpose, employ such executive, professional, technical, and 114
other assistants as it deems CONSIDERS necessary. 115
Sec. 303.15. The county board of zoning appeals shall 124
organize and adopt rules in accordance with the zoning 125
resolution. Meetings of the board of zoning appeals shall be 126
held at the call of the chairman CHAIRPERSON, and at such other 127
times as the board determines. The chairman CHAIRPERSON, or in 129
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 131
may administer oaths, and the board of zoning appeals may compel 133
the attendance of witnesses. All meetings of the board of zoning 134
appeals shall be open to the public. The board of zoning appeals 135
shall keep minutes of its proceedings showing the vote of each 136
REGULAR OR ALTERNATE member upon each question, or, if absent or 137
failing to vote, indicating such fact, and shall keep records of 138
its examinations and other official actions, all of which shall 139
be immediately filed in the office of the board of county 140
commissioners and be a public record. 141
Appeals to the board of zoning appeals may be taken by any 143
person aggrieved or by any officer of the county affected by any 144
decision of the administrative officer. Such appeal shall be 145
taken within twenty days after the decision by filing, with the 146
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officer from whom the appeal is taken and with the board of 147
zoning appeals, a notice of appeal specifying the grounds. The 148
officer from whom the appeal is taken shall transmit to the board 149
of zoning appeals all the papers constituting the record upon 150
which the action appealed from was taken. 151
The board of zoning appeals shall fix a reasonable time for 153
the public hearing of the appeal, give at least ten days' notice 154
in writing to the parties in interest, give notice of such public 155
hearing by one publication in one or more newspapers of general 156
circulation in the county at least ten days before the date of 157
such hearing, and decide the appeal within a reasonable time 158
after it is submitted. Upon the hearing, any person may appear 159
in person or by attorney. 160
Sec. 519.04. The board of township trustees of any 169
township proceeding under sections 519.01 to 519.99, inclusive, 170
of the Revised Code, shall create and establish a township zoning 171
commission. The commission shall be composed of five members who 172
reside in the unincorporated area of the township, to be 173
appointed by the board, and the. THE BOARD OF TOWNSHIP TRUSTEES 175
MAY APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP ZONING 176
COMMISSION, FOR TERMS TO BE DETERMINED BY THE BOARD OF TOWNSHIP 177
TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF AN ABSENT 178
REGULAR MEMBER AT ANY MEETING OF THE TOWNSHIP ZONING COMMISSION, 179
ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE BOARD OF 180
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE SAME 181
APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A 182
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY 183
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO 184
VOTE. THE terms of the REGULAR members shall be of such length 186
and so arranged that the term of one member will expire each 187
year. Where there is a county or regional planning commission 188
the board may appoint qualified members of such commission to 189
serve on the township zoning commission. Each REGULAR OR 190
ALTERNATE member shall serve until his THE MEMBER'S successor is 192
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appointed and qualified. Members of the zoning commission shall
be removable for nonperformance of duty, misconduct in office, or 193
other cause by the board, upon written charges being filed with 194
the board, after a public hearing has been held regarding such 195
charges, and after a copy of the charges has been served upon the 196
member so charged at least ten days prior to the hearing, either 197
personally, by registered mail, or by leaving such copy at his 198
THE MEMBER'S usual place of residence. The member shall be given 201
an opportunity to be heard and answer such charges. Vacancies 202
shall be filled by the board and shall be for the unexpired term. 203
Sec. 519.13. In any township, which adopts zoning 212
regulations the board of township trustees shall appoint a 214
township board of zoning appeals COMPOSED of five members who 216
shall be residents of the unincorporated territory in the
township included in the area zoned. THE BOARD OF TOWNSHIP 218
TRUSTEES MAY APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP BOARD 219
OF ZONING APPEALS, FOR TERMS TO BE DETERMINED BY THE BOARD OF 220
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF 221
AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE BOARD OF ZONING 222
APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE 223
BOARD OF TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE
SAME APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A 224
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY 225
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO 226
VOTE. The terms of all REGULAR members shall be of such length 227
and so arranged that the term of one member will expire each 228
year. Each REGULAR OR ALTERNATE member shall serve until his THE 229
MEMBER'S successor is appointed and qualified. Members shall be 231
removable for the same causes and in the same manner as provided
by section 519.04 of the Revised Code. Vacancies shall be filled 232
by the board of township trustees and shall be for the unexpired 233
term. The members may be allowed their expenses, or such 234
compensation, or both, as the board of township trustees may 235
approve and provide.
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The board of zoning appeals may, within the limits of the 237
moneys appropriated by the board of township trustees for the 238
purpose, employ such executives EXECUTIVE, professional, 239
technical, and other assistants as is deems IT CONSIDERS 240
necessary.
Sec. 519.15. The township board of zoning appeals shall 249
organize and adopt rules in accordance with the zoning 250
resolution. Meetings of the board of zoning appeals shall be 251
held at the call of the chairman CHAIRPERSON, and at such other 252
times as the board determines. The chairman CHAIRPERSON, or in 254
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 256
may administer oaths, and the board of zoning appeals may compel 258
the attendance of witnesses. All meetings of the board of zoning 259
appeals shall be open to the public. The board of zoning appeals 260
shall keep minutes of its proceedings showing the vote of each 261
REGULAR OR ALTERNATE member upon each question, or, if absent or 262
failing to vote, indicating such fact, and shall keep records of 263
its examinations and other official actions, all of which shall 264
be immediately filed in the office of the board of township 265
trustees and be a public record. 266
Appeals to the board of zoning appeals may be taken by any 268
person aggrieved or by any officer of the township affected by 269
any decision of the administrative officer. Such appeal shall be 270
taken within twenty days after the decision by filing, with the 271
officer from whom the appeal is taken and with the board of 272
zoning appeals, a notice of appeal specifying the grounds. The 273
officer from whom the appeal is taken shall forthwith transmit to 274
the board of zoning appeals all the papers constituting the 275
record upon which the action appealed from was taken. 276
The board of zoning appeals shall fix a reasonable time for 278
the public hearing of the appeal, give at least ten days' notice 279
in writing to the parties in interest, give notice of such public 280
hearing by one publication in one or more newspapers of general 281
circulation in the county at least ten days before the date of 282
7
such hearing, and decide the appeal within a reasonable time 283
after it is submitted. Upon the hearing, any person may appear 284
in person or by attorney. 285
Section 2. That existing sections 303.04, 303.13, 303.15, 287
519.04, 519.13, and 519.15 of the Revised Code are hereby 289
repealed.