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To amend sections 303.02, 303.161, 519.02, 519.171, | 1 |
and 3735.27 and to enact section 3313.537 of the | 2 |
Revised Code to change the composition of certain | 3 |
metropolitan housing authorities, to alter the | 4 |
purposes for and scope of county and township | 5 |
zoning regulations, to permit counties and | 6 |
townships to have landscaping and architectural | 7 |
standards in their zoning codes in any zone, and | 8 |
to allow students enrolled in a community school | 9 |
sponsored by their school district to participate | 10 |
in extracurricular activities at the school | 11 |
district schools to which they otherwise would be | 12 |
assigned. | 13 |
Section 1. That sections 303.02, 303.161, 519.02, 519.171, | 14 |
and 3735.27 be amended and section 3313.537 of the Revised Code be | 15 |
enacted to read as follows: | 16 |
Sec. 303.02. Except as otherwise provided in this section, | 17 |
in the interest of the public health | 18 |
19 | |
commissioners may regulate by resolution, in accordance with a | 20 |
comprehensive plan,
| 21 |
bulk, number of stories, and size of buildings and other | 22 |
structures, including tents, cabins, and trailer coaches, | 23 |
percentages of lot areas that may be occupied, set back building | 24 |
lines, sizes of yards, courts, and other open spaces, the density | 25 |
of population, the uses of buildings and other structures, | 26 |
including tents, cabins, and trailer coaches, and the uses of land | 27 |
for trade, industry, residence, recreation, or other purposes in | 28 |
the unincorporated territory of the county. Except as otherwise | 29 |
provided in this section, in the interest of the public | 30 |
convenience, comfort, prosperity, or general welfare, the board, by | 31 |
resolution, in accordance with a comprehensive plan, may regulate | 32 |
the location of, set back lines for, and the uses of buildings and | 33 |
other structures, including tents, cabins, and trailer coaches, | 34 |
and the uses of land for trade, industry, residence, recreation, | 35 |
or other purposes in the unincorporated territory of the county, | 36 |
and may establish reasonable | 37 |
38 | |
materials | 39 |
40 | |
of the public convenience, comfort, prosperity, or general | 41 |
welfare, the board may regulate by resolution, in accordance with | 42 |
a comprehensive plan, for nonresidential property only, the | 43 |
height, bulk, number of stories, and size of buildings and other | 44 |
structures, including tents, cabins, and trailer coaches, | 45 |
percentages of lot areas that may be occupied, sizes of yards, | 46 |
courts, and other open spaces, and the density of population in | 47 |
the unincorporated territory of the county. For all these | 48 |
purposes, the board may divide all or any part of the | 49 |
unincorporated territory of the county into districts or zones of | 50 |
such number, shape, and area as the board determines. All such | 51 |
regulations shall be uniform for each class or kind of building or | 52 |
other structure or use throughout any district or zone, but the | 53 |
regulations in one district or zone may differ from those in other | 54 |
districts or zones. | 55 |
For any activities permitted and regulated under Chapter | 56 |
1509., 1513., or 1514. of the Revised Code and any related | 57 |
processing activities, the board of county commissioners may | 58 |
regulate under the authority conferred by this section only in the | 59 |
interest of public health or safety. | 60 |
Sec. 303.161. The board of county commissioners may create an | 61 |
architectural review board to enforce compliance with any zoning | 62 |
standards it may adopt pertaining to landscaping or architectural | 63 |
elements | 64 |
commissioners shall adopt the standards and procedures for the | 65 |
architectural review board to use in reviewing zoning permit | 66 |
applications for compliance with those landscaping or | 67 |
architectural standards. If the board of county commissioners does | 68 |
not create an architectural review board, it may delegate this | 69 |
enforcement authority to the zoning inspector or the zoning | 70 |
commission. | 71 |
An architectural review board shall consist of no more than | 72 |
five residents of the county. At least one member shall be a | 73 |
licensed architect or engineer. | 74 |
Sec. 519.02. Except as otherwise provided in this section, | 75 |
in the interest of the public health | 76 |
77 | |
trustees may regulate by resolution, in accordance with a | 78 |
comprehensive
plan, | 79 |
bulk, number of stories, and size of buildings and other | 80 |
structures, including tents, cabins, and trailer coaches, | 81 |
percentages of lot areas that may be occupied, set back building | 82 |
lines, sizes of yards, courts, and other open spaces, the density | 83 |
of population, the uses of buildings and other structures, | 84 |
including tents, cabins, and trailer coaches, and the uses of land | 85 |
for trade, industry, residence, recreation, or other purposes in | 86 |
the unincorporated territory of the township. Except as otherwise | 87 |
provided in this section, in the interest of the public | 88 |
convenience, comfort, prosperity, or general welfare, the board by | 89 |
resolution, in accordance with a comprehensive plan, may regulate | 90 |
the location of, set back lines for, and the uses of buildings and | 91 |
other structures, including tents, cabins, and trailer coaches, | 92 |
and the uses of land for trade, industry, residence, recreation, | 93 |
or other purposes in the unincorporated territory of the township, | 94 |
and may establish reasonable | 95 |
96 | |
materials | 97 |
98 | |
interest of the public convenience, comfort, prosperity, or | 99 |
general welfare, the board may regulate by resolution, in | 100 |
accordance with a comprehensive plan, for nonresidential property | 101 |
only, the height, bulk, number of stories, and size of buildings | 102 |
and other structures, including tents, cabins, and trailer | 103 |
coaches, percentages of lot areas that may be occupied, sizes of | 104 |
yards, courts, and other open spaces, and the density of | 105 |
population in the unincorporated territory of the township. For | 106 |
all these purposes, the board may divide all or any part of the | 107 |
unincorporated territory of the township into districts or zones | 108 |
of such number, shape, and area as the board determines. All such | 109 |
regulations shall be uniform for each class or kind of building or | 110 |
other structure or use throughout any district or zone, but the | 111 |
regulations in one district or zone may differ from those in other | 112 |
districts or zones. | 113 |
For any activities permitted and regulated under Chapter | 114 |
1509., 1513., or 1514. of the Revised Code and any related | 115 |
processing activities, the board of township trustees may regulate | 116 |
under the authority conferred by this section only in the interest | 117 |
of public health or safety. | 118 |
Sec. 519.171. The board of township trustees may create an | 119 |
architectural review board to enforce compliance with any zoning | 120 |
standards it may adopt pertaining to landscaping or architectural | 121 |
elements | 122 |
trustees shall adopt the standards and procedures for the | 123 |
architectural review board to use in reviewing zoning permit | 124 |
applications for compliance with those landscaping or | 125 |
architectural standards. If the board of township trustees does | 126 |
not create an architectural review board, it may delegate this | 127 |
enforcement authority to the zoning inspector or the zoning | 128 |
commission. | 129 |
An architectural review board shall consist of no more than | 130 |
five residents of the unincorporated territory of the township. At | 131 |
least one member shall be a licensed architect or engineer; if a | 132 |
licensed architect or engineer does not reside in the | 133 |
unincorporated territory of the township, that member of the | 134 |
architectural review board may be a resident of the county. | 135 |
Sec. 3313.537. (A) As used in this section, "extracurricular | 136 |
activity" means a pupil activity program that a school or school | 137 |
district operates and is not included in the school district's | 138 |
graded course of study, including an interscholastic | 139 |
extracurricular activity that a school or school district sponsors | 140 |
or participates in and that has participants from more than one | 141 |
school or school district. | 142 |
(B) A student in grades seven to twelve who is enrolled in a | 143 |
community school established under Chapter 3314. of the Revised | 144 |
Code that is sponsored by the city, local, or exempted village | 145 |
school district in which the student is entitled to attend school | 146 |
pursuant to section 3313.64 or 3313.65 of the Revised Code shall | 147 |
be afforded the opportunity to participate in any extracurricular | 148 |
activities offered at the traditional public school that is | 149 |
operated by the school district and to which the student otherwise | 150 |
would be assigned. If more than one such school operated by the | 151 |
school district serves the student's grade level, the student | 152 |
shall be afforded the opportunity to participate in any | 153 |
extracurricular activities offered at the school to which the | 154 |
student would be assigned by the district superintendent pursuant | 155 |
to section 3319.01 of the Revised Code. | 156 |
(C) In order to participate in any extracurricular activity | 157 |
under this section, the student shall fulfill the same academic, | 158 |
nonacademic, and financial requirements as any other participant, | 159 |
including the rules and policies adopted by the school district | 160 |
under section 3313.535 of the Revised Code. The school district | 161 |
board of education may require the student to enroll and | 162 |
participate in no more than one academic course at the school | 163 |
offering the extracurricular activity as a condition to | 164 |
participating in the activity. In that case, the board shall admit | 165 |
students seeking to enroll in an academic course to fulfill the | 166 |
requirement as space allows after first enrolling students | 167 |
assigned to that school. | 168 |
(D) No school or school district shall impose fees for a | 169 |
student to participate under this section that exceed any fees | 170 |
charged to other students participating in the same | 171 |
extracurricular activity. | 172 |
(E) No school district, interscholastic conference, or | 173 |
organization that regulates interscholastic conferences or events | 174 |
shall require a student who is eligible to participate in | 175 |
extracurricular activities under this section to meet eligibility | 176 |
requirements that conflict with this section. | 177 |
Sec. 3735.27. (A) Whenever the director of development has | 178 |
determined that there is need for a housing authority in any | 179 |
portion of any county that comprises two or more political | 180 |
subdivisions or portions of two or more political subdivisions but | 181 |
is less than all the territory within the county, a metropolitan | 182 |
housing authority shall be declared to exist, and the territorial | 183 |
limits of the authority shall be defined, by a letter from the | 184 |
director. The director shall issue a determination from the | 185 |
department of development declaring that there is need for a | 186 |
housing authority within those territorial limits after finding | 187 |
either of the following: | 188 |
(1) Unsanitary or unsafe inhabited housing accommodations | 189 |
exist in that area; | 190 |
(2) There is a shortage of safe and sanitary housing | 191 |
accommodations in that area available to persons who lack the | 192 |
amount of income that is necessary, as determined by the director, | 193 |
to enable them, without financial assistance, to live in decent, | 194 |
safe, and sanitary dwellings without congestion. | 195 |
In determining whether dwelling accommodations are unsafe or | 196 |
unsanitary, the director may take into consideration the degree of | 197 |
congestion, the percentage of land coverage, the light, air, | 198 |
space, and access available to the inhabitants of the dwelling | 199 |
accommodations, the size and arrangement of rooms, the sanitary | 200 |
facilities, and the extent to which conditions exist in the | 201 |
dwelling | 202 |
property by fire or other causes. | 203 |
The territorial limits of a metropolitan housing authority as | 204 |
defined by the director under this division shall be fixed for the | 205 |
authority upon proof of a letter from the director declaring the | 206 |
need for the authority to function in those territorial limits. | 207 |
Any such letter from the director, any certificate of | 208 |
determination issued by the director, and any certificate of | 209 |
appointment of members of the authority shall be admissible in | 210 |
evidence in any suit, action, or proceeding. | 211 |
A certified copy of the letter from the director declaring | 212 |
the existence of a metropolitan housing authority and the | 213 |
territorial limits of its district shall be immediately forwarded | 214 |
to each appointing authority. A metropolitan housing authority | 215 |
shall consist of members who are residents of the territory in | 216 |
which they serve. | 217 |
(B)(1) Except as otherwise provided in division (C), (D), or | 218 |
(E) of
this
section,
| 219 |
housing authority shall be appointed as follows: | 220 |
(a)(i) In a district in a county in which a charter has been | 221 |
adopted under Article X, Section 3 of the Ohio Constitution, and | 222 |
in which the most populous city is not the city with the largest | 223 |
ratio of housing units owned or managed by the authority to | 224 |
population, one member shall be appointed by the probate court, | 225 |
one member shall be appointed by the court of common pleas, one | 226 |
member shall be appointed by the board of county commissioners, | 227 |
228 | |
executive officer of the city that has the largest ratio of | 229 |
housing units owned or managed by the authority to population, and | 230 |
two members shall be appointed by the chief executive officer of | 231 |
the most populous city
in the
district | 232 |
233 |
(ii) If, in a district that appoints members pursuant to | 234 |
division (B)(1)(a) of this section, the most populous city becomes | 235 |
the city with the largest ratio of housing units owned or managed | 236 |
by the authority to population, when the term of office of the | 237 |
member who was appointed by the chief executive officer of the | 238 |
city with the largest ratio expires, that member shall not be | 239 |
reappointed, and the membership of the authority shall be as | 240 |
described in division (B)(1)(b) of this section. | 241 |
(b) In any district other than one described in division | 242 |
(B)(1)(a) of this section, one member shall be appointed by the | 243 |
probate court, one member shall be appointed by the court of | 244 |
common pleas, one member shall be appointed by the board of county | 245 |
commissioners, and two members shall be appointed by the chief | 246 |
executive officer of the most populous city in the district. | 247 |
(2) At the time of the initial appointment of the authority, | 248 |
the member appointed by the probate court shall be appointed for a | 249 |
period of four years, the member appointed by the court of common | 250 |
pleas shall be appointed for three years, the member appointed by | 251 |
the board of county commissioners shall be appointed for two | 252 |
years, one member appointed by the chief executive officer of the | 253 |
most populous city in the district shall be appointed for one | 254 |
year, and the other member appointed by the chief executive | 255 |
officer of the most populous city in the district shall be | 256 |
appointed for five
years.
| 257 |
If appointments are made under division (B)(1)(a) of this | 258 |
section, the member appointed by the chief executive officer of | 259 |
the city in the district that is not the most populous city, but | 260 |
that has the largest ratio of housing units owned or managed by | 261 |
the authority to population, shall be appointed for five years. | 262 |
After the initial appointments, all members of the authority | 263 |
shall
be appointed for
five-year terms, and | 264 |
265 | |
shall be filled
| 266 |
267 | |
appointment. | 268 |
(3) For purposes of this division, population shall be | 269 |
determined according to the last preceding federal census. | 270 |
(C) For any metropolitan housing authority district that | 271 |
contained, as of the 1990 federal census, a population of at least | 272 |
one million, two members of the authority shall be appointed by | 273 |
the legislative authority of the most populous city in the | 274 |
district, two members shall be appointed by the chief executive | 275 |
officer of the most populous city in the district, and one member | 276 |
shall be appointed by the chief executive officer, with the | 277 |
approval of the legislative authority, of the city in the district | 278 |
that has the second highest number of housing units owned or | 279 |
managed by the authority. | 280 |
At the time of the initial appointment of the authority, one | 281 |
member appointed by the legislative authority of the most populous | 282 |
city in the district shall be appointed for three years, and one | 283 |
such member shall be appointed for one year; the member appointed | 284 |
by the chief executive officer of the city with the second highest | 285 |
number of housing units owned or managed by the authority shall be | 286 |
appointed, with the approval of the legislative authority, for | 287 |
three years; and one member appointed by the chief executive | 288 |
officer of the most populous city in the district shall be | 289 |
appointed for three years, and one such member shall be appointed | 290 |
for one year. Thereafter, all members of the authority shall be | 291 |
appointed for three-year terms, and any vacancy shall be filled by | 292 |
the same appointing power that made the initial appointment. At | 293 |
the expiration of the term of any member appointed by the chief | 294 |
executive officer of the most
populous city
in the
district | 295 |
296 | |
populous city in the district shall fill the vacancy by | 297 |
appointment for a three-year term. At the expiration of the term | 298 |
of any member
appointed by
the board of
county commissioners | 299 |
300 | |
in the district with the second highest number of housing units | 301 |
owned or managed by the authority shall, with the approval of the | 302 |
municipal legislative authority, fill the vacancy by appointment | 303 |
for a three-year term. At the expiration of the term of any member | 304 |
appointed | 305 |
pleas or the probate court, the legislative authority of the most | 306 |
populous city in the district shall fill the vacancy by | 307 |
appointment for a three-year term. | 308 |
After March 15, 1983, at least one of the members appointed | 309 |
by the chief executive officer of the most populous city shall be | 310 |
a resident of a dwelling unit owned or managed by the authority. | 311 |
At least one of the initial appointments by the chief executive | 312 |
officer of the most populous city, after March 15, 1983, shall be | 313 |
a resident of a dwelling unit owned or managed by the authority. | 314 |
Thereafter, any member appointed by the chief executive officer of | 315 |
the most populous city for the term established by this initial | 316 |
appointment, or for any succeeding term, shall be a person who | 317 |
resides in a dwelling unit owned or managed by the authority. If | 318 |
there is an elected, representative body of all residents of the | 319 |
authority, the chief executive officer of the most populous city | 320 |
shall, whenever there is a vacancy in this resident term, provide | 321 |
written notice of the vacancy to the representative body. If the | 322 |
representative body submits to the chief executive officer of the | 323 |
most populous city, in writing and within sixty days after the | 324 |
date on which it was notified of the vacancy, the names of at | 325 |
least five residents of the authority who are willing and | 326 |
qualified to serve as a member, the chief executive officer of the | 327 |
most populous city shall appoint to the resident term one of the | 328 |
residents recommended by the representative body. At no time shall | 329 |
residents constitute a majority of the members of the authority. | 330 |
(D)(1) For any metropolitan housing authority district | 331 |
located in a county that had, as of the 2000 federal census, a | 332 |
population of at least four hundred thousand and no city with a | 333 |
population greater than thirty per cent of the total population of | 334 |
the county, one member of the authority shall be appointed by the | 335 |
probate court, one member shall be appointed by the court of | 336 |
common pleas, one member shall be appointed by the chief executive | 337 |
officer of the most populous city in the district, and two members | 338 |
shall be appointed by the board of county commissioners. | 339 |
(2) At the time of the initial appointment of a metropolitan | 340 |
housing authority pursuant to this division, the member appointed | 341 |
by the probate court shall be appointed for a period of four | 342 |
years, the member appointed by the court of common pleas shall be | 343 |
appointed for three years, the member appointed by the chief | 344 |
executive officer of the most populous city shall be appointed for | 345 |
two years, one member appointed by the board of county | 346 |
commissioners shall be appointed for one year, and the other | 347 |
member appointed by the board of county commissioners shall be | 348 |
appointed for five years. Thereafter, all members of the authority | 349 |
shall be appointed for five-year terms, with each term ending on | 350 |
the same day of the same month as the term that it succeeds. | 351 |
Vacancies shall be filled in the manner provided in the original | 352 |
appointments. Any member appointed to fill a vacancy occurring | 353 |
prior to the expiration of the term shall hold office as a member | 354 |
for the remainder of that term. | 355 |
(E)(1) An additional two members shall be appointed to the | 356 |
metropolitan housing authority in any district that has three | 357 |
hundred or more assisted housing units and that does not have at | 358 |
least one resident as a member of its authority. For the purposes | 359 |
of this section, an "assisted unit" is a housing unit owned or | 360 |
operated by the housing authority or a unit in which the occupants | 361 |
receive tenant-based housing assistance through the federal | 362 |
section 8 housing program, 24 C.F.R. Ch VIII, and, a "resident" is | 363 |
a person who lives in an assisted housing unit. | 364 |
(2) The chief executive officer of the most populous city in | 365 |
the district shall appoint an additional member who is a resident | 366 |
for an initial term of five years. The board of county | 367 |
commissioners shall appoint the other additional member, who need | 368 |
not be a resident, for an initial term of three years. After the | 369 |
initial term, the terms of both members shall be five years, and | 370 |
vacancies shall be filled in the manner provided | 371 |
original appointments. Any member appointed to fill a vacancy | 372 |
occurring prior to the expiration of the term for which the | 373 |
member's predecessor was appointed shall hold office as a member | 374 |
for the remainder of that term. | 375 |
(3) A member appointed as a resident member who no longer | 376 |
qualifies as a resident shall be deemed unable to serve, and | 377 |
another resident member shall be appointed to serve the unexpired | 378 |
portion of that term. | 379 |
(F) Public officials, other than the officers having the | 380 |
appointing power under this section, shall be eligible to serve as | 381 |
members, officers, or employees of a metropolitan housing | 382 |
authority notwithstanding any statute, charter, or law to the | 383 |
contrary. Not more than two such public officials shall be members | 384 |
of the authority at any one time. | 385 |
All members of an authority shall serve without compensation | 386 |
but shall be entitled to be reimbursed for all necessary expenses | 387 |
incurred. | 388 |
After a metropolitan housing authority district is formed, | 389 |
the director may enlarge the territory within the district to | 390 |
include other political subdivisions, or portions of other | 391 |
political subdivisions, but the territorial limits of the district | 392 |
shall be less than that of the county. | 393 |
(G)(1) Any vote taken by a metropolitan housing authority | 394 |
shall require a majority affirmative vote to pass. A tie vote | 395 |
shall constitute a defeat of any measure receiving equal numbers | 396 |
of votes for and against it. | 397 |
(2) The members of a metropolitan housing authority shall act | 398 |
in the best interest of the district and shall not act solely as | 399 |
representatives of their respective appointing authorities. | 400 |
Section 2. That existing sections 303.02, 303.161, 519.02, | 401 |
519.171, and 3735.27 of the Revised Code are hereby repealed. | 402 |