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As Reported by the House Local Government and Townships Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 388 |
REPRESENTATIVES HAINES-MOTTLEY-OPFER-GARCIA-LUCAS-TERWILLEGER
A BILL
To amend sections 303.04, 303.13, 303.15, 519.04, 519.13, and 519.15 of the
Revised
Code to
provide for the appointment of two alternate
members to a
county rural zoning commission, a county board of
zoning appeals, a township zoning commission, and a township board of zoning
appeals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.04, 303.13, 303.15, 519.04, 519.13, and 519.15 of
the Revised
Code be amended to read as follows:
Sec. 303.04. The board of county commissioners of any
county proceeding under sections 303.01 to 303.25, inclusive, of
the Revised Code, shall create and establish a county rural
zoning commission. The commission shall be composed of five
members who reside in the unincorporated area of the county to be
zoned, to be appointed by the board, and the. THE BOARD OF
COUNTY COMMISSIONERS
MAY APPOINT TWO ALTERNATE MEMBERS TO THE COUNTY RURAL ZONING
COMMISSION, FOR TERMS TO BE DETERMINED BY THE BOARD OF COUNTY
COMMISSIONERS. AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF AN
ABSENT REGULAR MEMBER AT ANY MEETING OF THE COUNTY RURAL ZONING
COMMISSION, ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY
THE BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL
MEET THE SAME APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN
ATTENDING A MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE
MEMBER MAY VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS
AUTHORIZED TO VOTE. THE
terms of the REGULAR members
shall be of such length and so arranged that the term of one
member will expire each year. Where there is a county or
regional planning commission the board of county commissioners
may appoint qualified members of such commission who reside in
the unincorporated area of the county to serve on the county
rural zoning commission. Each REGULAR OR ALTERNATE member shall serve
until his THE MEMBER'S
successor is appointed and qualified. Members of the zoning
commission shall be removable for nonperformance of duty,
misconduct in office, or other cause by the board, upon written
charges being filed with the board, after a public hearing has
been held regarding such charges, and after a copy of the charges
has been served upon the member so charged at least ten days
prior to the hearing, either personally, by registered mail, or
by leaving such copy at his THE MEMBER'S usual place of
residence. The member
shall be given an opportunity to be heard and answer such
charges. Vacancies shall be filled by the board and shall be for
the unexpired term.
Sec. 303.13. In any county which adopts zoning regulations
the board of county commissioners shall appoint a county board of
zoning appeals of five members who shall be residents of the
unincorporated territory in the county included in the area
zoned, not more than two of whom shall be from any one township
if the area zoned includes three or more townships.
THE BOARD OF COUNTY COMMISSIONERS MAY APPOINT TWO
ALTERNATE MEMBERS TO THE COUNTY BOARD OF ZONING APPEALS, FOR TERMS TO BE
DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL
TAKE THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF
THE BOARD OF ZONING APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION
BY THE BOARD OF COUNTY COMMISSIONERS. AN ALTERNATE MEMBER SHALL MEET THE SAME
APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A MEETING ON BEHALF
OF AN ABSENT MEMBER,
THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE ABSENT
MEMBER IS AUTHORIZED TO VOTE.
The terms of all REGULAR members shall be of such length and so
arranged that the term
of one member will expire each year. Each REGULAR OR ALTERNATE member
shall serve
until his THE MEMBER'S successor is appointed and qualified.
Members may be
removed for the same causes and in the same manner as provided by
section 303.04 of the Revised Code. Vacancies shall be filled by
the board of county commissioners and shall be for the unexpired
term. The members may be allowed their expenses, or SUCH
compensation,
or both, as the board of county commissioners may approve and
provide.
The board of zoning appeals may, within the limits of the
moneys appropriated by the board of county commissioners for the
purpose, employ such executive, professional, technical, and
other assistants as it deems CONSIDERS necessary.
Sec. 303.15. The county board of zoning appeals shall
organize and adopt rules in accordance with the zoning
resolution. Meetings of the board of zoning appeals shall be
held at the call of the chairman CHAIRPERSON, and at such other
times as the
board determines. The chairman CHAIRPERSON, or in his
THE CHAIRPERSON'S absence the acting
chairman CHAIRPERSON, may administer oaths, and the board of
zoning appeals
may compel the attendance of witnesses. All meetings of the
board of zoning appeals shall be open to the public. The board
of zoning appeals shall keep minutes of its proceedings showing
the vote of each REGULAR OR ALTERNATE member upon each question, or, if
absent or
failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall
be immediately filed in the office of the board of county
commissioners and be a public record.
Appeals to the board of zoning appeals may be taken by any
person aggrieved or by any officer of the county affected by any
decision of the administrative officer. Such appeal shall be
taken within twenty days after the decision by filing, with the
officer from whom the appeal is taken and with the board of
zoning appeals, a notice of appeal specifying the grounds. The
officer from whom the appeal is taken shall transmit to the board
of zoning appeals all the papers constituting the record upon
which the action appealed from was taken.
The board of zoning appeals shall fix a reasonable time for
the public hearing of the appeal, give at least ten days' notice
in writing to the parties in interest, give notice of such public
hearing by one publication in one or more newspapers of general
circulation in the county at least ten days before the date of
such hearing and decide the appeal within a reasonable time after
it is submitted. Upon the hearing, any person may appear in
person or by attorney.
Sec. 519.04. The board of township trustees of any
township proceeding under sections 519.01 to 519.99, inclusive,
of the Revised Code, shall create and establish a township zoning
commission. The commission shall be composed of five members who
reside in the unincorporated area of the township, to be
appointed by the board, and the. THE BOARD OF TOWNSHIP
TRUSTEES MAY
APPOINT TWO ALTERNATE MEMBERS TO THE TOWNSHIP ZONING COMMISSION,
FOR TERMS TO BE DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES.
AN ALTERNATE MEMBER SHALL TAKE THE PLACE OF AN ABSENT REGULAR
MEMBER AT ANY MEETING OF THE TOWNSHIP ZONING COMMISSION,
ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY THE BOARD OF
TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE SAME
APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A
MEETING ON BEHALF OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY
VOTE ON ANY MATTER ON WHICH THE ABSENT MEMBER IS AUTHORIZED TO
VOTE. THE terms of the REGULAR members shall be of
such length and so arranged that the term of one member will
expire each year. Where there is a county or regional planning
commission the board may appoint qualified members of such
commission to serve on the township zoning commission. Each
REGULAR OR ALTERNATE member shall serve until his A
successor is appointed and qualified. Members of the zoning commission shall
be removable for nonperformance of duty, misconduct in office, or other cause
by the board, upon written charges being filed with the board,
after a public hearing has been held regarding such charges, and
after a copy of the charges has been served upon the member so
charged at least ten days prior to the hearing, either
personally, by registered mail or by leaving such copy at his THE
MEMBER'S
usual place of residence. The member shall be given an
opportunity to be heard and answer such charges. Vacancies shall
be filled by the board and shall be for the unexpired term.
Sec. 519.13. In any township, which adopts zoning regulations the
board of
township trustees shall appoint a township board of zoning appeals of five
members who shall be residents of the unincorporated territory in the township
included in the area zoned.
THE BOARD OF TOWNSHIP TRUSTEES MAY APPOINT TWO ALTERNATE
MEMBERS TO THE TOWNSHIP BOARD OF ZONING APPEALS, FOR TERMS TO BE DETERMINED BY
THE BOARD OF TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL TAKE
THE PLACE OF AN ABSENT REGULAR MEMBER AT ANY MEETING OF THE
BOARD OF ZONING APPEALS, ACCORDING TO PROCEDURES PRESCRIBED BY RESOLUTION BY
THE BOARD OF TOWNSHIP TRUSTEES. AN ALTERNATE MEMBER SHALL MEET THE SAME
APPOINTMENT CRITERIA AS A REGULAR MEMBER. WHEN ATTENDING A MEETING ON BEHALF
OF AN ABSENT MEMBER, THE ALTERNATE MEMBER MAY VOTE ON ANY MATTER ON WHICH THE
ABSENT MEMBER IS AUTHORIZED TO VOTE.
The terms of all REGULAR members shall be of such length
and so arranged that the term of one member will expire each year. Each
REGULAR OR ALTERNATE member shall serve until his THE
MEMBER'S successor is appointed and qualified. Members
shall be removable for the same causes and in the same manner as provided by
section 519.04 of the Revised Code. Vacancies shall be filled by the board of
township trustees and shall be for the unexpired term. The members may be
allowed their expenses, or such compensation, or both, as the board of
township trustees may approve and provide.
The board of zoning appeals may, within the limits of the moneys
appropriated by the board of township trustees for the purpose, employ such
executives EXECUTIVE, professional, technical, and other
assistants as is deems IT CONSIDERS necessary.
Sec. 519.15. The township board of zoning appeals shall
organize and adopt rules in accordance with the zoning
resolution. Meetings of the board of zoning appeals shall be
held at the call of the chairman CHAIRPERSON, and at such other
times as the
board determines. The chairman CHAIRPERSON, or in his
THE CHAIRPERSON'S absence the acting
chairman CHAIRPERSON, may administer oaths, and the board of
zoning appeals
may compel the attendance of witnesses. All meetings of the
board of zoning appeals shall be open to the public. The board
of zoning appeals shall keep minutes of its proceedings showing
the vote of each REGULAR OR ALTERNATE member upon each question, or, if
absent or
failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall
be immediately filed in the office of the board of township
trustees and be a public record.
Appeals to the board of zoning appeals may be taken by any
person aggrieved or by any officer of the township affected by
any decision of the administrative officer. Such appeal shall be
taken within twenty days after the decision by filing, with the
officer from whom the appeal is taken and with the board of
zoning appeals, a notice of appeal specifying the grounds. The
officer from whom the appeal is taken shall forthwith transmit to
the board of zoning appeals all the papers constituting the
record upon which the action appealed from was taken.
The board of zoning appeals shall fix a reasonable time for
the public hearing of the appeal, give at least ten days' notice
in writing to the parties in interest, give notice of such public
hearing by one publication in one or more newspapers of general
circulation in the county at least ten days before the date of
such hearing and decide the appeal within a reasonable time after
it is submitted. Upon the hearing, any person may appear in
person or by attorney.
Section 2. That existing sections 303.04, 303.13, 303.15, 519.04, 519.13, and
519.15 of the
Revised Code are hereby repealed.
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