As Passed by the Senate 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
SENATORS GARDNER-MUMPER-SCHAFRATH-KEARNS-CARNES 10
12
A B I L L
To amend sections 303.04, 303.13, 303.15, 519.04, 14
519.13, and 519.15 of the Revised Code to provide 17
for the appointment of two alternate members to 18
a county rural zoning commission, a county board 19
of zoning appeals, a township zoning commission, 20
and a township board of zoning appeals. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 303.04, 303.13, 303.15, 519.04, 25
519.13, and 519.15 of the Revised Code be amended to read as 27
follows:
Sec. 303.04. The board of county commissioners of any 36
county proceeding under sections 303.01 to 303.25, inclusive, of 37
the Revised Code, shall create and establish a county rural 38
zoning commission. The commission shall be composed of five 39
members who reside in the unincorporated area of the county to be 40
zoned, to be appointed by the board, and the. THE BOARD OF 41
COUNTY COMMISSIONERS MAY APPOINT TWO ALTERNATE MEMBERS TO THE 43
COUNTY RURAL ZONING COMMISSION, FOR TERMS TO BE DETERMINED BY THE 44
BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE 45
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE 46
COUNTY RURAL ZONING COMMISSION, ACCORDING TO PROCEDURES 47
PRESCRIBED BY RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. 48
AN ALTERNATE MEMBER SHALL MEET THE SAME APPOINTMENT CRITERIA AS A 49
REGULAR MEMBER. WHEN ATTENDING A MEETING ON BEHALF OF AN ABSENT 50
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MEMBER, THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE 51
ABSENT MEMBER IS AUTHORIZED TO VOTE. THE terms of the REGULAR 53
members shall be of such length and so arranged that the term of 54
one member will expire each year. Where there is a county or 55
regional planning commission the board of county commissioners 56
may appoint qualified members of such commission who reside in 57
the unincorporated area of the county to serve on the county 58
rural zoning commission. Each REGULAR OR ALTERNATE member shall 59
serve until his THE MEMBER'S successor is appointed and 61
qualified. Members of the zoning commission shall be removable 62
for nonperformance of duty, misconduct in office, or other cause 63
by the board, upon written charges being filed with the board, 64
after a public hearing has been held regarding such charges, and 65
after a copy of the charges has been served upon the member so 66
charged at least ten days prior to the hearing, either 67
personally, by registered mail, or by leaving such copy at his 68
THE MEMBER'S usual place of residence. The member shall be given 70
an opportunity to be heard and answer such charges. Vacancies 71
shall be filled by the board and shall be for the unexpired term. 72
Sec. 303.13. In any county which adopts zoning regulations 81
the board of county commissioners shall appoint a county board of 82
zoning appeals COMPOSED of five members who shall be residents of 83
the unincorporated territory in the county included in the area 84
zoned, not more than two of whom shall be from any one township 85
if the area zoned includes three or more townships. THE BOARD OF 87
COUNTY COMMISSIONERS MAY APPOINT TWO ALTERNATE MEMBERS TO THE 88
COUNTY BOARD OF ZONING APPEALS, FOR TERMS TO BE DETERMINED BY THE 89
BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE 90
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE BOARD 91
OF ZONING APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE 92
MEMBER SHALL MEET THE SAME APPOINTMENT CRITERIA AS A REGULAR 93
MEMBER. WHEN ATTENDING A MEETING ON BEHALF OF AN ABSENT MEMBER, 94
THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE ABSENT 95
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MEMBER IS AUTHORIZED TO VOTE. The terms of all REGULAR members 97
shall be of such length and so arranged that the term of one 99
member will expire each year. Each REGULAR OR ALTERNATE member
shall serve until his THE MEMBER'S successor is appointed and 101
qualified. Members may be removed for the same causes and in the 103
same manner as provided by section 303.04 of the Revised Code. 104
Vacancies shall be filled by the board of county commissioners 105
and shall be for the unexpired term. The members may be allowed 106
their expenses, or SUCH compensation, or both, as the board of 108
county commissioners may approve and provide. 109
The board of zoning appeals may, within the limits of the 111
moneys appropriated by the board of county commissioners for the 112
purpose, employ such executive, professional, technical, and 113
other assistants as it deems CONSIDERS necessary. 114
Sec. 303.15. The county board of zoning appeals shall 123
organize and adopt rules in accordance with the zoning 124
resolution. Meetings of the board of zoning appeals shall be 125
held at the call of the chairman CHAIRPERSON, and at such other 126
times as the board determines. The chairman CHAIRPERSON, or in 128
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 130
may administer oaths, and the board of zoning appeals may compel 132
the attendance of witnesses. All meetings of the board of zoning 133
appeals shall be open to the public. The board of zoning appeals 134
shall keep minutes of its proceedings showing the vote of each 135
REGULAR OR ALTERNATE member upon each question, or, if absent or 136
failing to vote, indicating such fact, and shall keep records of 137
its examinations and other official actions, all of which shall 138
be immediately filed in the office of the board of county 139
commissioners and be a public record. 140
Appeals to the board of zoning appeals may be taken by any 142
person aggrieved or by any officer of the county affected by any 143
decision of the administrative officer. Such appeal shall be 144
taken within twenty days after the decision by filing, with the 145
officer from whom the appeal is taken and with the board of 146
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zoning appeals, a notice of appeal specifying the grounds. The 147
officer from whom the appeal is taken shall transmit to the board 148
of zoning appeals all the papers constituting the record upon 149
which the action appealed from was taken. 150
The board of zoning appeals shall fix a reasonable time for 152
the public hearing of the appeal, give at least ten days' notice 153
in writing to the parties in interest, give notice of such public 154
hearing by one publication in one or more newspapers of general 155
circulation in the county at least ten days before the date of 156
such hearing, and decide the appeal within a reasonable time 157
after it is submitted. Upon the hearing, any person may appear 158
in person or by attorney. 159
Sec. 519.04. The board of township trustees of any 168
township proceeding under sections 519.01 to 519.99, inclusive, 169
of the Revised Code, shall create and establish a township zoning 170
commission. The commission shall be composed of five members who 171
reside in the unincorporated area of the township, to be 172
appointed by the board, and the. THE BOARD OF TOWNSHIP TRUSTEES 174
MAY APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP ZONING 175
COMMISSION, FOR TERMS TO BE DETERMINED BY THE BOARD OF TOWNSHIP 176
TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF AN ABSENT 177
REGULAR MEMBER AT ANY MEETING OF THE TOWNSHIP ZONING COMMISSION, 178
ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE BOARD OF 179
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE SAME 180
APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A 181
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY 182
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO 183
VOTE. THE terms of the REGULAR members shall be of such length 185
and so arranged that the term of one member will expire each 186
year. Where there is a county or regional planning commission 187
the board may appoint qualified members of such commission to 188
serve on the township zoning commission. Each REGULAR OR 189
ALTERNATE member shall serve until his THE MEMBER'S successor is 191
appointed and qualified. Members of the zoning commission shall
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be removable for nonperformance of duty, misconduct in office, or 192
other cause by the board, upon written charges being filed with 193
the board, after a public hearing has been held regarding such 194
charges, and after a copy of the charges has been served upon the 195
member so charged at least ten days prior to the hearing, either 196
personally, by registered mail, or by leaving such copy at his 197
THE MEMBER'S usual place of residence. The member shall be given 200
an opportunity to be heard and answer such charges. Vacancies 201
shall be filled by the board and shall be for the unexpired term. 202
Sec. 519.13. In any township, which adopts zoning 211
regulations the board of township trustees shall appoint a 213
township board of zoning appeals COMPOSED of five members who 215
shall be residents of the unincorporated territory in the
township included in the area zoned. THE BOARD OF TOWNSHIP 217
TRUSTEES MAY APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP BOARD 218
OF ZONING APPEALS, FOR TERMS TO BE DETERMINED BY THE BOARD OF 219
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF 220
AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE BOARD OF ZONING 221
APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE 222
BOARD OF TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE
SAME APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A 223
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY 224
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO 225
VOTE. The terms of all REGULAR members shall be of such length 226
and so arranged that the term of one member will expire each 227
year. Each REGULAR OR ALTERNATE member shall serve until his THE 228
MEMBER'S successor is appointed and qualified. Members shall be 230
removable for the same causes and in the same manner as provided
by section 519.04 of the Revised Code. Vacancies shall be filled 231
by the board of township trustees and shall be for the unexpired 232
term. The members may be allowed their expenses, or such 233
compensation, or both, as the board of township trustees may 234
approve and provide.
The board of zoning appeals may, within the limits of the 236
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moneys appropriated by the board of township trustees for the 237
purpose, employ such executives EXECUTIVE, professional, 238
technical, and other assistants as is deems IT CONSIDERS 239
necessary.
Sec. 519.15. The township board of zoning appeals shall 248
organize and adopt rules in accordance with the zoning 249
resolution. Meetings of the board of zoning appeals shall be 250
held at the call of the chairman CHAIRPERSON, and at such other 251
times as the board determines. The chairman CHAIRPERSON, or in 253
his THE CHAIRPERSON'S absence the acting chairman CHAIRPERSON, 255
may administer oaths, and the board of zoning appeals may compel 257
the attendance of witnesses. All meetings of the board of zoning 258
appeals shall be open to the public. The board of zoning appeals 259
shall keep minutes of its proceedings showing the vote of each 260
REGULAR OR ALTERNATE member upon each question, or, if absent or 261
failing to vote, indicating such fact, and shall keep records of 262
its examinations and other official actions, all of which shall 263
be immediately filed in the office of the board of township 264
trustees and be a public record. 265
Appeals to the board of zoning appeals may be taken by any 267
person aggrieved or by any officer of the township affected by 268
any decision of the administrative officer. Such appeal shall be 269
taken within twenty days after the decision by filing, with the 270
officer from whom the appeal is taken and with the board of 271
zoning appeals, a notice of appeal specifying the grounds. The 272
officer from whom the appeal is taken shall forthwith transmit to 273
the board of zoning appeals all the papers constituting the 274
record upon which the action appealed from was taken. 275
The board of zoning appeals shall fix a reasonable time for 277
the public hearing of the appeal, give at least ten days' notice 278
in writing to the parties in interest, give notice of such public 279
hearing by one publication in one or more newspapers of general 280
circulation in the county at least ten days before the date of 281
such hearing, and decide the appeal within a reasonable time 282
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after it is submitted. Upon the hearing, any person may appear 283
in person or by attorney. 284
Section 2. That existing sections 303.04, 303.13, 303.15, 286
519.04, 519.13, and 519.15 of the Revised Code are hereby 288
repealed.