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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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.                                                            

                                                          6      

                                                                 
      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.