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(125th General Assembly)
(Amended Substitute Senate Bill Number 18)
AN ACT
To amend sections 303.02, 303.161, 519.02, 519.171, and 3735.27 and to enact section 3313.537 of the Revised Code to change
the composition of certain metropolitan housing
authorities, to alter the purposes for and scope of county and township zoning regulations, to permit counties and townships to have landscaping and architectural standards in their zoning codes in any zone, and to allow students enrolled in a community school sponsored by their school district to participate in extracurricular activities at the school district schools to which they otherwise would be assigned.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 303.02, 303.161, 519.02, 519.171, and 3735.27 be amended and section 3313.537 of the Revised Code be
enacted to read as follows:
Sec. 303.02. Except as otherwise provided in this section, in the interest of the public health, and
safety,
convenience, comfort, prosperity,
or general welfare, the board of county
commissioners may regulate by resolution, in
accordance with a
comprehensive plan,
regulate by resolution the
location, height, bulk, number
of
stories, and size of buildings
and other structures, including
tents,
cabins, and trailer
coaches, percentages of lot areas
that may be occupied,
set back
building lines, sizes of yards,
courts,
and other open spaces, the
density of population, the uses
of
buildings and other structures,
including
tents, cabins, and
trailer coaches, and the uses of land
for trade, industry,
residence, recreation, or other purposes in
the unincorporated
territory of
the county. Except as otherwise provided in this section, in the interest of the public convenience, comfort, prosperity, or general welfare, the board, by resolution, in accordance with a comprehensive plan, may regulate the location of, set back lines for, and the uses of buildings and other structures, including tents, cabins, and trailer coaches, and the uses of land for trade, industry, residence, recreation, or other purposes in the unincorporated territory of the county, and may establish reasonable residential landscaping standards and residential architectural standards, excluding exterior building materials, for in the unincorporated territory of the county and, for. Except as otherwise provided in this section, in the interest of the public convenience, comfort, prosperity, or general welfare, the board may regulate by resolution, in accordance with a comprehensive plan, for nonresidential property only, the height, bulk, number of stories, and size of buildings and other structures, including tents, cabins, and trailer coaches, percentages of lot areas that may be occupied, sizes of yards, courts, and other open spaces, and the density of population in the unincorporated territory of the county. For
all these purposes, the board
may
divide all or any part of the
unincorporated territory of the
county into districts or zones of such number,
shape, and area as
the board determines. All such regulations shall be
uniform for
each class or kind of building or other structure or use
throughout any district or zone, but the regulations in one
district or zone
may differ from those in other districts or
zones.
For any activities permitted and regulated under Chapter 1509., 1513., or 1514. of the Revised Code and any related processing activities, the board of county commissioners may regulate under the authority conferred by this section only in the interest of public health or safety.
Sec. 303.161. The board of county commissioners may create an architectural review board to enforce compliance with any zoning standards it may adopt pertaining to landscaping or architectural elements in areas zoned for residential use. The board of county commissioners shall adopt the standards and procedures for the architectural review board to use in reviewing zoning permit applications for compliance with those landscaping or architectural standards. If the board of county commissioners does not create an architectural review board, it may delegate this enforcement authority to the zoning inspector or the zoning commission.
An architectural review board shall consist of no more than five residents of the county. At least one member shall be a licensed architect or engineer.
Sec. 519.02. Except as otherwise provided in this section, in the interest of the public health, and
safety,
convenience, comfort, prosperity,
or general welfare, the board of township
trustees may regulate by resolution, in
accordance with a comprehensive
plan, regulate by
resolution the
location, height, bulk, number of stories, and
size
of buildings
and other structures, including tents, cabins, and
trailer
coaches, percentages of lot areas
that may be
occupied, set back
building
lines, sizes of yards, courts, and
other open spaces, the
density of
population, the uses of
buildings and other structures,
including tents,
cabins, and
trailer coaches, and the uses of land
for trade, industry,
residence, recreation, or other purposes in
the unincorporated
territory of
the township. Except as otherwise provided in this section, in the interest of the public convenience, comfort, prosperity, or general welfare, the board by resolution, in accordance with a comprehensive plan, may regulate the location of, set back lines for, and the uses of buildings and other structures, including tents, cabins, and trailer coaches, and the uses of land for trade, industry, residence, recreation, or other purposes in the unincorporated territory of the township, and may establish reasonable residential landscaping standards and residential architectural standards, excluding exterior building materials, for in the unincorporated territory of the township; and, for. Except as otherwise provided in this section, in the interest of the public convenience, comfort, prosperity, or general welfare, the board may regulate by resolution, in accordance with a comprehensive plan, for nonresidential property only, the height, bulk, number of stories, and size of buildings and other structures, including tents, cabins, and trailer coaches, percentages of lot areas that may be occupied, sizes of yards, courts, and other open spaces, and the density of population in the unincorporated territory of the township. For
all these purposes, the board may
divide all or any part of the
unincorporated
territory of the
township into districts or zones of such
number,
shape, and area
as the board determines. All such regulations
shall
be uniform
for each class or kind of building or other
structure or use
throughout any district or zone, but the
regulations in one
district or zone
may differ from those in other
districts or
zones.
For any activities permitted and regulated under Chapter 1509., 1513., or 1514. of the Revised Code and any related processing activities, the board of township trustees may regulate under the authority conferred by this section only in the interest of public health or safety.
Sec. 519.171. The board of township trustees may create an architectural review board to enforce compliance with any zoning standards it may adopt pertaining to landscaping or architectural elements in areas zoned for residential use. The board of township trustees shall adopt the standards and procedures for the architectural review board to use in reviewing zoning permit applications for compliance with those landscaping or architectural standards. If the board of township trustees does not create an architectural review board, it may delegate this enforcement authority to the zoning inspector or the zoning commission. An architectural review board shall consist of no more than five residents of the unincorporated territory of the township. At least one member shall be a licensed architect or engineer; if a licensed architect or engineer does not reside in the unincorporated territory of the township, that member of the architectural review board may be a resident of the county.
Sec. 3313.537. (A) As used in this section, "extracurricular activity" means a pupil activity program that a school or school district operates and is not included in the school district's graded course of study, including an interscholastic extracurricular activity that a school or school district sponsors or participates in and that has participants from more than one school or school district.
(B) A student in grades seven to twelve who is enrolled in a community school established under Chapter 3314. of the Revised Code that is sponsored by the city, local, or exempted village school district in which the student is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code shall be afforded the opportunity to participate in any extracurricular activities offered at the traditional public school that is operated by the school district and to which the student otherwise would be assigned. If more than one such school operated by the school district serves the student's grade level, the student shall be afforded the opportunity to participate in any extracurricular activities offered at the school to which the student would be assigned by the district superintendent pursuant to section 3319.01 of the Revised Code.
(C) In order to participate in any extracurricular activity under this section, the student shall fulfill the same academic, nonacademic, and financial requirements as any other participant, including the rules and policies adopted by the school district under section 3313.535 of the Revised Code. The school district board of education may require the student to enroll and participate in no more than one academic course at the school offering the extracurricular activity as a condition to participating in the activity. In that case, the board shall admit students seeking to enroll in an academic course to fulfill the requirement as space allows after first enrolling students assigned to that school.
(D) No school or school district shall impose fees for a student to participate under this section that exceed any fees charged to other students participating in the same extracurricular activity.
(E) No school district, interscholastic conference, or organization that regulates interscholastic conferences or events shall require a student who is eligible to participate in extracurricular activities under this section to meet eligibility requirements that conflict with this section.
Sec. 3735.27. (A) Whenever the director of development
has
determined that there is need for a housing authority in any
portion of any county that comprises two or more political
subdivisions or portions
of two or more political
subdivisions but is less than all the
territory within the county,
a metropolitan housing authority
shall be declared to exist, and
the territorial limits
of the authority shall be defined,
by a letter from the director. The director
shall issue a
determination from the department of development
declaring that
there is need for a housing authority within
those
territorial limits
after finding either
of the following: (1) Unsanitary or unsafe inhabited housing accommodations
exist in
that area; (2) There is a shortage of safe and sanitary housing
accommodations in
that area available to persons who lack the
amount of income
that is necessary, as determined by the
director, to enable them, without financial assistance, to live
in
decent, safe, and sanitary dwellings without congestion. In determining whether dwelling accommodations are unsafe
or
unsanitary, the director may take into consideration the degree
of
congestion, the percentage of land coverage, the light, air,
space, and access available to the inhabitants of
the
dwelling
accommodations, the size and arrangement of
rooms,
the
sanitary facilities, and the extent to which conditions exist
in
the dwelling accomodations accommodations that endanger
life or property by fire or other
causes. The territorial limits of a
metropolitan housing authority
as defined by
the
director
under this division shall be fixed for
the authority upon proof of a
letter
from the director
declaring the need for
the authority to
function in those
territorial limits. Any such letter from the
director, any
certificate of determination issued by the
director,
and any
certificate of appointment of members of the
authority
shall be
admissible in evidence in any suit, action, or
proceeding. A certified copy of the letter from the director declaring
the existence
of a metropolitan housing authority and
the territorial limits of
its
district
shall be
immediately forwarded to each appointing
authority. A
metropolitan housing authority shall consist of
members who
are
residents of the territory in
which they serve. (B)(1) Except as otherwise provided in division (C), (D), or (E) of
this
section,
one member the members of a metropolitan housing authority shall be
appointed as follows: (a)(i) In a district in a county in which a charter has been adopted under Article X, Section 3 of the Ohio Constitution, and in which the most populous city is not
the city with the largest ratio of housing units owned or managed
by the authority to population, one member shall be appointed by
the probate court, one
member shall be appointed by
the court of
common pleas, one member shall be appointed by the
board of
county
commissioners,
and two members one member shall be appointed by
the chief executive
officer of the city that has the largest ratio
of housing units owned or managed by the authority to population,
and two members shall be appointed by the chief executive officer
of the most populous city
in the
district, in accordance with the last preceding
federal
census.
At (ii) If, in a district that appoints members pursuant to
division (B)(1)(a) of this section, the most populous city becomes the city with the
largest ratio of housing units owned or managed by the authority
to population, when the term of office of the member who was
appointed by the chief executive officer of the city with the
largest ratio expires, that member shall not be reappointed, and
the membership of the authority shall be as described in division
(B)(1)(b) of this section.
(b) In any district other than one described in division
(B)(1)(a) of this section, one member shall be appointed by the
probate court, one member shall be appointed by the court of
common pleas, one member shall be appointed by the board of county
commissioners, and two members shall be appointed by the chief
executive officer of the most populous city in the district. (2) At
the time of the initial appointment of the authority,
the
member
appointed by the probate court shall be appointed for
a
period of
four years, the
member appointed by the
court of common
pleas
shall be appointed for three
years, the
member appointed by the board of county
commissioners
shall be appointed for two
years,
one
member
appointed by the chief executive
officer
of the most populous city
in the district shall be appointed for one year,
and
the
other member appointed by the chief executive
officer
of
the most populous city
in the district shall be
appointed for five
years.
Thereafter If appointments are made under division (B)(1)(a) of this
section, the member appointed by the chief executive officer of
the city in the district that is not the most populous city, but
that has the largest ratio of housing units owned or managed by
the authority to population, shall be appointed for five years. After the initial appointments, all members of the authority
shall
be appointed for
five-year terms, and vacancies due to
expired
terms any vacancy occurring upon the expiration of a term shall be filled
in the manner provided in the original appointments by the appointing authority that made the initial appointment.
(3) For purposes of this division, population shall be
determined according to the last preceding federal census.
(C) For any metropolitan housing authority district that
contained, as of the 1990 federal census, a population of
at least
one million, two members of the
authority shall be
appointed by
the
legislative
authority of the most
populous city in
the
district, two
members
shall be
appointed by the chief
executive officer of the
most populous city
in the
district, and
one member
shall be
appointed by the
chief executive
officer, with the approval of
the
legislative authority,
of the city in the district
that has the
second highest number of
housing units owned or
managed by the
authority. At the time of the initial appointment of the authority,
one
member appointed by the
legislative authority of
the
most populous city in the
district
shall
be appointed for three years, and one
such member shall be
appointed for one year; the
member appointed by the
chief executive officer of the city with the
second highest
number
of housing units owned or managed by the
authority shall be
appointed, with the approval of the
legislative
authority, for three years;
and one
member appointed
by
the
chief executive
officer of the most populous city in the
district
shall be
appointed for three years, and one
such member
shall be appointed for one year.
Thereafter, all
members of the
authority shall be appointed for
three-year terms,
and any vacancy
shall be filled by the same
appointing power that
made the initial
appointment. At the
expiration of the term of
any member
appointed by the chief
executive officer of the most
populous city
in the
district prior to before
March 15, 1983,
the chief
executive officer of the most populous
city in the
district shall
fill the vacancy by appointment for a
three-year
term. At the
expiration of the term of any member
appointed by
the board of
county commissioners prior to before March 15,
1983, the
chief executive
officer of the city in the district with
the
second highest
number of housing units owned or managed by the
authority shall,
with the approval of the municipal legislative
authority, fill
the vacancy by appointment for a three-year term.
At the
expiration of the term of any member appointed prior to before
March 15,
1983, by the court of common pleas or the probate court,
the
legislative authority of the most populous city in the
district shall fill the vacancy by
appointment
for a three-year term. After March 15, 1983, at least one of the members appointed
by the chief executive officer of the most populous city shall be
a resident of a dwelling unit owned or managed by the
authority. At least one of the initial appointments by the chief
executive officer of the most populous city, after March 15,
1983,
shall be a resident of a dwelling unit owned or managed by
the
authority. Thereafter, any member appointed by the
chief
executive officer
of the most populous city for the term
established by this initial
appointment, or for any succeeding
term, shall be a
person
who resides in a dwelling unit
owned or managed by the
authority. If there is an
elected, representative body
of all
residents of the
authority,
the chief
executive
officer
of the most populous
city shall, whenever there is a vacancy in this
resident term,
provide written notice of the vacancy to the
representative body.
If the representative body submits to the
chief executive officer
of the most populous city,
in writing and within sixty days after
the date on which it was
notified of the vacancy, the names of at
least five residents of
the
authority who are willing and
qualified to serve as a
member,
the chief executive officer
of the most populous city shall appoint to the
resident term one
of the residents
recommended by the
representative body. At no
time shall
residents constitute a
majority of the members of the
authority. (D)(1) For any metropolitan
housing authority district
located
in a county that had, as of the
2000 federal census, a
population
of at least four hundred
thousand and no city with a
population
greater than thirty per
cent of the total population of
the
county, one member of the
authority shall be appointed by the
probate court, one member
shall be appointed by the court of
common pleas, one member shall
be appointed by the chief executive
officer of the most populous
city in the district, and two members
shall be appointed by the
board of county commissioners.
(2) At the time of the initial appointment of a
metropolitan housing authority pursuant to this division, the
member appointed by the probate court shall be appointed for a
period of four years, the member appointed by the court of common
pleas shall be appointed for three years, the member appointed by
the chief executive officer of the most populous city shall be
appointed for two years, one member appointed by the board of
county commissioners shall be appointed for one year, and the
other member appointed by the board of county commissioners shall
be appointed for five years. Thereafter, all members of the
authority shall be appointed for five-year terms, with each term
ending on the same day of the same month as the term that it
succeeds. Vacancies shall be filled in the manner provided in
the original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration of the term shall hold office as a member
for the remainder of that term. (E)(1) An additional two members shall be appointed to the metropolitan housing authority in any district that has three hundred or more assisted housing units and that does not have at least one resident as a member of its authority. For the purposes of this section, an "assisted unit" is a housing unit owned or operated by the housing authority or a unit in which the occupants receive tenant-based housing assistance through the federal section 8 housing program, 24 C.F.R. Ch VIII, and, a "resident" is a person who lives in an assisted housing unit.
(2) The chief executive officer of the most populous city in the district shall appoint an additional member who is a resident for an initial term of five years. The board of county commissioners shall appoint the other additional member, who need not be a resident, for an initial term of three years. After the initial term, the terms of both members shall be five years, and vacancies shall be filled in the manner provided in the for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term.
(3) A member appointed as a resident member who no longer qualifies as a resident shall be deemed unable to serve, and another resident member shall be appointed to serve the unexpired portion of that term. (F) Public officials, other than the officers having the
appointing power under this section, shall be eligible to serve
as
members, officers, or employees of
a metropolitan housing
authority
notwithstanding any statute, charter, or law to the
contrary.
Not
more than two such public officials shall be members
of the
authority at any one time. All members of
an authority shall serve without
compensation but shall be entitled to be reimbursed for all
necessary expenses incurred.
After a metropolitan housing authority district
is
formed,
the director may enlarge the territory within
the
district to
include other political subdivisions, or portions
of other political subdivisions, but the
territorial
limits of
the district shall be less than
that of the
county. (G)(1) Any vote taken by a metropolitan housing authority
shall require a majority affirmative vote to pass. A tie vote
shall constitute a defeat of any measure receiving equal numbers
of votes for and against it.
(2) The members of a metropolitan housing authority shall
act in the best interest of the district and shall not act solely
as representatives of their respective appointing authorities.
SECTION 2. That existing sections 303.02, 303.161, 519.02, 519.171, and 3735.27 of the Revised Code
are hereby repealed.
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