Sub. S. B. No. 18 As Reported by the House Municipal Government and Urban Revitalization Committee

Senator Coughlin

A BILL

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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,and safety~~, convenience,~~ 18
~~comfort, prosperity, or general welfare~~, the board of county 19
commissioners may regulate by resolution, in accordance with a 20
comprehensive plan, ~~regulate by resolution~~ the location, height, 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 ~~residential~~ landscaping standards and 37
~~residential~~ architectural standards, excluding exterior building 38
materials~~, for~~in the unincorporated territory of the county ~~and,~~ 39
~~for~~. Except as otherwise provided in this section, in the interest 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 ~~in areas zoned for residential use~~. The board of county 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,and safety~~, convenience,~~ 76
~~comfort, prosperity, or general welfare~~, the board of township 77
trustees may regulate by resolution, in accordance with a 78
comprehensive plan, ~~regulate by resolution~~ the location, height, 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 ~~residential~~ landscaping standards and 95
~~residential~~ architectural standards, excluding exterior building 96
materials~~, for~~in the unincorporated territory of the township; 97
~~and, for~~. Except as otherwise provided in this section, in the 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 ~~in areas zoned for residential use~~. The board of township 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 ~~accomodations~~accommodations that endanger life or 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, ~~one member~~the members of a metropolitan 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
~~and two members~~one member shall be appointed by the chief 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~~, in accordance with the~~ 232
~~last preceding federal census~~. At 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. ~~Thereafter~~ 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 ~~vacancies due to~~ 264
~~expired terms~~any vacancy occurring upon the expiration of a term 265
shall be filled ~~in the manner provided in the original~~ 266
~~appointments~~by the appointing authority that made the initial 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 ~~prior~~ 295
tobefore March 15, 1983, the chief executive officer of the most 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 ~~prior~~ 299
tobefore March 15, 1983, the chief executive officer of the city 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 ~~prior to~~before March 15, 1983, by the court of common 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 ~~in the~~for 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

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,and safety~~, convenience,~~	18
~~comfort, prosperity, or general welfare~~, the board of county	19
commissioners may regulate by resolution, in accordance with a	20
comprehensive plan, ~~regulate by resolution~~ the location, height,	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 ~~residential~~ landscaping standards and	37
~~residential~~ architectural standards, excluding exterior building	38
materials~~, for~~in the unincorporated territory of the county ~~and,~~	39
~~for~~. Except as otherwise provided in this section, in the interest	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 ~~in areas zoned for residential use~~. The board of county	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,and safety~~, convenience,~~	76
~~comfort, prosperity, or general welfare~~, the board of township	77
trustees may regulate by resolution, in accordance with a	78
comprehensive plan, ~~regulate by resolution~~ the location, height,	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 ~~residential~~ landscaping standards and	95
~~residential~~ architectural standards, excluding exterior building	96
materials~~, for~~in the unincorporated territory of the township;	97
~~and, for~~. Except as otherwise provided in this section, in the	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 ~~in areas zoned for residential use~~. The board of township	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 ~~accomodations~~accommodations that endanger life or	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, ~~one member~~the members of a metropolitan	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
~~and two members~~one member shall be appointed by the chief	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~~, in accordance with the~~	232
~~last preceding federal census~~. At	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. ~~Thereafter~~	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 ~~vacancies due to~~	264
~~expired terms~~any vacancy occurring upon the expiration of a term	265
shall be filled ~~in the manner provided in the original~~	266
~~appointments~~by the appointing authority that made the initial	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 ~~prior~~	295
tobefore March 15, 1983, the chief executive officer of the most	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 ~~prior~~	299
tobefore March 15, 1983, the chief executive officer of the city	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 ~~prior to~~before March 15, 1983, by the court of common	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