reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.09 | Vacancy in Office.

Effective:
June 21, 2013
Latest Legislation:
Senate Bill 47 - 130th General Assembly
When a vacancy occurs in the board of county commissioners or in the office of county auditor, county treasurer, prosecuting attorney, clerk of the court of common pleas, sheriff, county recorder, county engineer, or coroner more than forty days before the next general election for state and county officers, the vacancy shall be filled as provided for in divisions (A) and (B) of section 305.02 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.10 | Board Rules, Records and Voting.

Effective:
October 16, 1961
Latest Legislation:
House Bill 855 - 104th General Assembly
The board of county commissioners shall determine its own rules and order of business and cause a journal of its proceedings to be kept. A majority of the members elected to the board shall constitute a quorum to do business. No action of the board shall be valid or binding unless adopted by the affirmative vote of a majority of the members elected to the board.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.11 | Board Organization.

Effective:
January 23, 1963
Latest Legislation:
House Bill 1 - 105th General Assembly
The board of county commissioners shall organize on the first Monday of each year, by the election of one of its members as president and one other member as vice-president for terms of one year. The president shall preside at all regular and special sessions of the board.
Notwithstanding section 305.05 of the Revised Code, when the president of the board is absent from the county or unable to perform his duties , or in case of death, resignation, or removal, the vice-president shall act as president pending any future meeting of the board at which it may select one of its members to become the president.
Except as provided by sections 302.01 to 302.24, inclusive, of the Revised Code, the president of the board shall have all powers and duties vested in or imposed upon the president of the board by general law.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.12 | Board to Be Policy-Determining Body - Powers and Duties.

Effective:
January 23, 1963
Latest Legislation:
House Bill 1 - 105th General Assembly
The board of county commissioners is the policy-determining body of the county. Except as otherwise provided by sections 302.01 to 302.24, inclusive, of the Revised Code, it has all the powers and duties vested by law in boards of county commissioners. All powers and duties which may be vested by law in counties or in county officers or agencies, or which may be transferred to the county by action of a township or municipality under authority of Section 1 of Article X, Ohio Constitution, and which are not assigned by law to any department, office, or body existing under the alternative form of government in force, shall be exercised or performed by the board or by the department, office, or body designated by resolution of the board.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.14 | County Executive.

Effective:
July 2, 1967
Latest Legislation:
Senate Bill 154 - 107th General Assembly
There shall be a county executive, who shall be the chief executive officer of the county. He shall be either an elective county executive as provided for in section 302.15 of the Revised Code, or an appointive county executive as provided for in section 302.16 of the Revised Code.
In case of the absence or disability of the county executive as determined by the board of county commissioners, his duties shall be performed during his absence or disability by whomsoever the board of county commissioners designates by resolution.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.15 | Elective Executive Plan.

Effective:
July 2, 1967
Latest Legislation:
Senate Bill 154 - 107th General Assembly
In a county adopting the elective executive plan the chief executive officer shall be known as the county executive. The county executive shall be elected at the first regular county general election following the adoption of the alternative form and shall hold his office for a term of four years. Only an elector of the county shall be eligible for election as county executive and shall be nominated and elected in the manner provided by general law for county officers.
In case the office of county executive is or becomes vacant by reason of death, resignation, or removal, it shall be filled by the board of county commissioners for the unexpired term.
In the elective executive plan, the salary of the first county executive, for his first term, shall be one hundred and sixty per cent of that established by section 325.10 of the Revised Code for a member of the board of county commissioners in the county. For all subsequent county executives and terms, the salary shall be fixed by the board of county commissioners one year prior to the county executive's term of office.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.16 | Appointive Executive Plan.

Effective:
July 2, 1967
Latest Legislation:
Senate Bill 154 - 107th General Assembly
In a county adopting the appointive executive plan, the county executive shall be an elector of the county and appointed by the board of county commissioners. No persons elected to membership on the board of county commissioners shall thereafter be eligible for appointment as county executive until the conclusion of one year after the expiration of the term for which he was elected.
The county executive shall be appointed for an indefinite term, but may be removed by the board of county commissioners.
In the appointive executive plan, the salary of the county executive shall be fixed by the board of county commissioners.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.17 | County Executive Responsibilities.

Effective:
October 16, 1961
Latest Legislation:
House Bill 855 - 104th General Assembly
The county executive shall be responsible for the proper administration of the affairs of the county placed in his charge, and, by resolution of the board of county commissioners, may serve as the head of any county department created by the board pursuant to sections 302.01 to 302.24, inclusive, of the Revised Code, provided he has the qualifications required by law.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.19 | Additional Duties.

Effective:
October 16, 1961
Latest Legislation:
House Bill 855 - 104th General Assembly
In addition to other powers and duties provided in sections 302.01 to 302.24, inclusive, of the Revised Code, the county executive shall:
(A) Prepare and recommend to the board of county commissioners the annual tax budget and county appropriation resolution;
(B) Keep the board advised of the financial condition and future needs of the county;
(C) Prepare and submit to the board such measures as he deems necessary for the conduct of the county's business;
(D) Attend meetings of the board of county commissioners and take part in the discussion of all matters before the board;
(E) Prepare and submit to the board of county commissioners such reports on the operations of any departments, offices, and bodies under his control as may be required by the board.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.20 | County Department of Finance - Duties.

Effective:
July 1, 1985
Latest Legislation:
House Bill 201 - 116th General Assembly
If established under this chapter, the department of finance shall:
(A) Maintain a complete system of accounts of the financial transactions of the county and of the department and shall determine the form of the financial records and accounts to be kept by a county department, office, or agency. The accounting system shall be so designed as to avoid the keeping of duplicate records of tax and other financial transactions insofar as is consistent with proper accounting control.
(B) Examine and determine the regularity, legality, and correctness of each expenditure, claim, voucher, or payroll against the county, and the county auditor shall draw warrants on the county treasurer for the payment of such expenditure, claim, voucher, or payroll when approved by the department of finance and only when so approved.
(C) Transfer temporarily deputies or employees from one office or department of the county to another to promote efficiency and economy, except that any transfers of employees of an elected officer shall be made only with the consent of such officer, and except that no persons appointed by the sheriff may at any time be so transferred.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.201 | Department of Law - Duties of Director of Law.

Effective:
July 2, 1967
Latest Legislation:
Senate Bill 154 - 107th General Assembly
If established under the provisions of Chapter 302. of the Revised Code, the department of law shall be administered by a director of law who shall be an attorney-at-law admitted to the practice of law in this state. The director of law shall serve as legal advisor to the board of county commissioners, the county executive, and the county departments, offices, and agencies responsible to the board and the county executive. The director of law shall give written opinions as to the law when specifically requested so to do by the board or the county executive, act as counsel for the board and the county executive in any proceeding instituted by or against the board or the county executive, and perform any other legal duties assigned by the board of county commissioners or the county executive.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.202 | Department of Personnel - Powers and Duties.

Effective:
July 1, 2007
Latest Legislation:
House Bill 187 - 126th General Assembly
If established under this chapter, the department of personnel shall make and promulgate personnel rules that, when adopted by the board of county commissioners after public hearing, shall be the sole basis for determining the provisions and procedures of the county personnel system.
Notwithstanding the provisions of Chapter 124. of the Revised Code, personnel rules adopted by the board of county commissioners pursuant to this section, may provide for, but need not be limited to, the following:
(A) Classification of all county positions, which classification shall be based on the duties, authority, and responsibility of each position;
(B) A pay plan for all county positions, which pay plan may include fringe benefits as may be determined by the board of county commissioners, in addition to salary;
(C) Certification of payrolls as to compliance with the pay plan and the personnel rules;
(D) The method of holding competitive tests for determining the merit and fitness of candidates for appointment and promotion;
(E) The establishment, maintenance, and certification of eligible lists for filling vacancies;
(F) The order and manner in which lay-offs may be effected;
(G) The procedure for suspension and removal of employees, which procedure shall include provisions for appeals from orders of suspension or removal or other disciplinary action;
(H) The hours of work, the attendance regulations, and the provisions for sick and vacation leave;
(I) Other practices and procedures necessary to the administration of the county personnel system.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.203 | Department of Detention and Correction - Powers and Duties.

Effective:
July 2, 1967
Latest Legislation:
Senate Bill 154 - 107th General Assembly
If established under the provisions of Chapter 302. of the Revised Code, the department of detention and correction shall assume all of the responsibility for the establishment, maintenance, and operation of an adult detention and correction administration for the county. Notwithstanding the provisions of Chapter 341. of the Revised Code, the department of detention and correction shall assume all responsibility for county jails assigned by that chapter to the county sheriff and shall make and promulgate rules and regulations for the care and custody of prisoners and the maintenance and operation of the county jail. Such rules and regulations shall be subject to approval of the joint session of the court of common pleas.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.204 | Department of Water and Sewers - Duties and Functions.

Effective:
July 2, 1967
Latest Legislation:
Senate Bill 154 - 107th General Assembly
If established under the provisions of Chapter 302. of the Revised Code, the department of water and sewers shall assume all duties and perform all functions related to the operation of the county's sewer and water systems. The board of county commissioners may create a board of trustees to serve at its pleasure and may assign to such board such functions and responsibilities as are by law delegated to the board of county commissioners in Chapters 6117. and 6103. of the Revised Code as they pertain to the operation of a county sewer system and a county water system.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.21 | Agreements With Other Political Subdivisions.

Effective:
March 16, 1969
Latest Legislation:
House Bill 1 - 108th General Assembly
The board of county commissioners as provided in section 302.22 of the Revised Code may enter into an agreement with the legislative authority of any municipal corporation, township, port authority, water or sewer district, school district, library district, health district, park district, soil and water conservation district, water conservancy district, or other taxing district, or with the board of any other county, and such legislative authorities may enter into agreements with the board, whereby such board undertakes, and is authorized by the contracting subdivision, to exercise any power, perform any function, or render any service, in behalf of the contracting subdivision or its legislative authority, which such subdivision or legislative authority may exercise, perform, or render.
Upon the execution of such agreement and within the limitations prescribed by it, the board may exercise the same powers as the contracting subdivision possesses with respect to the performance of any function or the rendering of any service, which, by such agreement, it undertakes to perform or render, and all powers necessary or incidental thereto, as amply as such powers are possessed and exercised by the contracting subdivision directly. In the absence in such agreement of provisions determining by what officer, office, department, agency, or authority, the powers and duties of the board shall be exercised or performed, the board shall, within the limits of this section, determine and assign such powers and duties to any officer or officers of county government including the auditor, treasurer, engineer, recorder, coroner, sheriff, and prosecuting attorney. Any agreement authorized by this section shall not suspend the possession by a contracting subdivision of any power or function exercised or performed by the board in pursuance of such agreement. Nor shall the board, by virtue of any agreement entered into under this section, acquire any power to levy taxes within and in behalf of a contracting subdivision unless approved by a majority of the electors of the contracting subdivision.
The boards of county commissioners of any two or more counties may contract with each other or by contract create any joint agency to exercise any power, perform any function, or render any service which any board of county commissioners may exercise, perform, or render.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.22 | Agreements With Other Political Subdivisions to Provide for Payment.

Effective:
October 16, 1961
Latest Legislation:
House Bill 855 - 104th General Assembly
Every agreement entered into under sections 302.21 to 302.24, inclusive, of the Revised Code, shall provide, either in specific terms or by prescribing a method for determining the amounts, for any payments to be made by the contracting subdivision into the county treasury, in consideration of the performance of the agreement. In cases where it is deemed practicable, the agreement may provide that payment shall be made by the retention in the treasury of the amounts due from taxes collected for the contracting subdivision and the county auditor and county treasurer shall be governed by any such provision in settling the accounts for such taxes.
Any agreement entered into by and between two or more boards of county commissioners shall specify the method of payment for the joint exercise of any power, the joint performing of any function, or the joint rendering of any service, which method of payment shall be authorized and binding on the counties so long as the agreement is in effect.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.23 | Rescinding Agreements With Other Political Subdivisions.

Effective:
October 16, 1961
Latest Legislation:
House Bill 855 - 104th General Assembly
In the absence from an agreement entered into under sections 302.21 to 302.24, inclusive, of the Revised Code, of a specification of its own duration, such agreement shall continue in effect until it is rescinded. Every such agreement, whether for a definite term or of indefinite duration, may provide for its own rescission. In the absence of any such provision, such agreement may, at any time, be rescinded by the agreement of both parties, and may at any time be rescinded by resolution of either party to the agreement, effective at the end of the fiscal year.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 302 | Alternative Form of County Government › Section 302.24 | Agreements With Other Political Subdivisions Transferring Property.

Effective:
October 16, 1961
Latest Legislation:
House Bill 855 - 104th General Assembly
Any agreement entered into under sections 302.21 to 302.24, inclusive, of the Revised Code, may provide for the transfer to the board of county commissioners of any property, real or personal, used or useful, in the performance of functions or the rendering of services under such agreement. Such transfer may include the proceeds of bonds issued or to be issued by the contracting subdivision, appropriate to the powers, functions, or services under the agreement, such proceeds to be expended by the board subject to the same conditions as would govern the contracting subdivision. Such transfer may convey the absolute title to such property, subject, in the case of the disposal or encumbrance of such real property by the board, to the consent of the legislative authority of the contracting subdivision; or may convey its use only, or any estate or title less than absolute; may limit the power of the board to dispose of such property; and may provide for its return, disposition, division, or distribution, in the event of the rescission or expiration of the agreement.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.01 | County Rural Zoning - Agriculture Defined.

Effective:
June 4, 2012
Latest Legislation:
House Bill 276 - 129th General Assembly
As used in sections 303.02 to 303.25 of the Revised Code, "agriculture" includes farming; ranching; algaculture meaning the farming of algae; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; and the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.021 | Designating Street Names and Assigning Numbers to Buildings.

Effective:
September 29, 1955
Latest Legislation:
Senate Bill 277 - 101st General Assembly
The board of county commissioners may designate street names and assign numbers to buildings along streets in unincorporated areas. The owners of such buildings shall number or renumber such buildings in accordance with the numbers assigned by the county commissioners.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.023 | Prior Planned-Unit Developments Continue to Be Governed by Regulations in Effect at Time of Approval or Modification.

Effective:
July 26, 1989
Latest Legislation:
Senate Bill 164 - 118th General Assembly
Any planned-unit development regulations adopted in accordance with section 303.12 of the Revised Code, or any planned-unit developments constructed or approved in a preliminary or final form, under the provisions of a zoning resolution adopted prior to the effective date of this section, if otherwise lawful had they originated on that date, shall be deemed to have been lawful from their origin and the developments shall continue to be governed by regulations in effect at the time of approval, or as modified.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.03 | Adoption of Resolution of Intention to Proceed With County Rural Zoning.

Effective:
August 22, 1995
Latest Legislation:
House Bill 99 - 121st General Assembly
Before availing itself of the powers conferred in section 303.02 of the Revised Code, the board of county commissioners shall pass a resolution declaring its intention to proceed under sections 303.01 to 303.25 of the Revised Code. The board may act in the following manner:
(A) It may adopt such a resolution upon its own initiative.
(B) It shall adopt such a resolution if there is presented to it a petition, signed by a number of qualified voters residing in the unincorporated area of each township or part of that unincorporated area to be included in the zoning plan equal to not less than eight per cent of the total vote cast for all candidates for governor in such area at the most recent general election at which a governor was elected, requesting the board to proceed with county rural zoning under such sections.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.04 | County Rural Zoning Commission.

Effective:
July 22, 1998
Latest Legislation:
House Bill 388 - 122nd General Assembly
The board of county commissioners of any county proceeding under sections 303.01 to 303.25 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. 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 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 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.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.05 | Recommendations of County Rural Zoning Commission - Powers and Duties of Commission.

Effective:
September 17, 1957
Latest Legislation:
Senate Bill 403 - 102nd General Assembly
The county rural zoning commission shall submit a plan, including both text and maps, representing the recommendations of the zoning commission for the carrying out by the board of county commissioners of the powers, purposes, and provisions set forth in sections 303.01 to 303.99, inclusive, of the Revised Code, including additions to territory in which a county zoning plan is in effect.
The zoning commission may, within the limits of the moneys appropriated by the board for the purpose, employ or contract with such planning consultants and executive and other assistants as it deems necessary except that where a county or regional planning commission is established, the zoning commission shall use the same planning consultants and executive and other assistants as provided for such county or regional planning commission if so ordered by the board. The zoning commission shall organize, adopt rules for the transaction of its business, and keep a record of its actions and determinations. Members of the zoning commission may be allowed their expenses, or such compensation, or both, as the board may approve and provide. No county commissioner shall be employed by the zoning commission of his county.
The zoning commission shall make use of such information and counsel as is available from appropriate public officials, departments, and agencies and such officials, departments, and agencies having information, maps, and data pertinent to county rural zoning shall make them available for the use of the zoning commission.
In any county where there is a county or regional planning commission, the zoning commission shall request such planning commission to prepare or make available to the zoning commission a zoning plan, including text and maps, for the unincorporated area of the county or any portion of the same.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.06 | Public Hearing on Recommendations - Notice.

Effective:
September 17, 1957
Latest Legislation:
Senate Bill 403 - 102nd General Assembly
Before certifying its recommendations of a zoning plan to the board of county commissioners, the county rural zoning commission shall hold at least one public hearing in each township affected by the proposed zoning plan, notice of which shall be given by one publication in one or more newspapers of general circulation in the township at least thirty days before the date of such hearing. The notice shall state the place and time at which the text and maps of the proposed zoning resolution may be examined.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.07 | Submission of Proposed Zoning Resolution to County or Regional Planning Commission.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Following the hearing provided for in section 303.06 of the Revised Code, the county rural zoning commission shall submit the proposed zoning resolution, including text and maps, to the county or regional planning commission of the county or district in which the county is located, if there is such a commission, for approval, disapproval, or suggestions.
The approval of the planning commission shall be conclusively presumed unless, within twenty days after receiving the proposed zoning resolution, it notifies the zoning commission to the contrary.
In the event the planning commission disapproves of the proposed zoning resolution or suggests any material change, the zoning commission shall hold a public hearing on the resolution in each township affected by the proposed changes, due notice of which shall be given as provided in section 303.06 of the Revised Code. When the zoning commission has completed its recommendations for a zoning plan it shall certify the plan to the board of county commissioners.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.08 | Public Hearing on Zoning Plan.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After receiving the certification of a zoning plan from the county rural zoning commission, and before adoption of any such zoning resolution, the board of county commissioners shall hold a public hearing on the resolution, at least thirty days' notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the county.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.09 | Changes in Text or Maps - Second Public Hearing.

Effective:
September 17, 1957
Latest Legislation:
Senate Bill 403 - 102nd General Assembly
No change in or departure from the text or maps as certified by the county rural zoning commission, shall be made by the board of county commissioners unless it is first resubmitted to the county rural zoning commission for approval, disapproval, or suggestions. Upon receipt of the recommendations of the county rural zoning commission regarding the proposed changes, the board of county commissioners shall hold a second public hearing, at least ten days notice of the time and place of which shall be given by one publication in one or more newspapers of general circulation in the townships affected. If such changes are disapproved by the zoning commission, the provision so disapproved must receive the favorable vote of the entire membership of the board of county commissioners in order to be adopted.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.10 | County Commissioners to Vote Upon Adoption of Resolution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After receiving the recommended zoning plan from the county rural zoning commission and holding the public hearing provided for by section 303.08 of the Revised Code, the board of county commissioners shall consider such recommendations and vote upon the adoption of the zoning resolution.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.11 | Zoning Plan to Be Submitted to Electors.

Effective:
July 2, 2010
Latest Legislation:
House Bill 48 - 128th General Assembly
If the zoning resolution is adopted by the board of county commissioners, such board shall cause the question of whether or not the proposed plan of zoning shall be put into effect to be submitted to the electors residing in the unincorporated area of the county included in the proposed plan of zoning for their approval or rejection at the next primary or general election, or a special election may be called for this purpose. Such resolution shall be filed with the board of elections not later than four p.m. on the ninetieth day before the day of the election. No zoning regulations shall be put into effect in any township, unless a majority of the vote cast on the issue in that township is in favor of the proposed plan of zoning. Upon certification by the board of elections the resolution shall take immediate effect in all townships which voted approval, eliminating from the plan any township which did not vote approval.
Within five working days after the resolution's effective date, the board of county commissioners shall file it, including text and maps, in the office of the county recorder. The board shall also file duplicates of the same documents with the regional or county planning commission, if one exists, within the same period.
The board shall file all resolutions, including text and maps, that are in effect on January 1, 1992, in the office of the county recorder within thirty working days after that date. The board shall also file duplicates of the same documents with the regional or county planning commission, if one exists, within the same period.
The failure to file a resolution, or any text and maps, or duplicates of any of these documents, with the office of the county recorder or the county or regional planning commission as required by this section does not invalidate the resolution and is not grounds for an appeal of any decision of the board of zoning appeals.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.121 | Ratifying Amendments to Zoning Resolution.

Effective:
July 6, 1956
Latest Legislation:
House Bill 948 - 101st General Assembly
All amendments or supplements to a county rural zoning plan adopted by a board of county commissioners prior to the effective date of this act, except those amendments or supplements which a court of competent jurisdiction has declared unlawful or unreasonable or which are the subject of an action now pending in such a court, are hereby ratified and shall be valid amendments or supplements to such rural zoning plan regardless of the procedure followed with respect to such amendments or supplements prior to their adoption by a board of county commissioners, except that no right of appeal on the issue of the unlawful or unreasonable character of an amendment or supplement shall be lost by the provisions of this section.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.122 | Limitations on Procedural Challenges.

Effective:
October 25, 1995
Latest Legislation:
House Bill 50 - 121st General Assembly
No action challenging the validity of a zoning resolution or of any amendment to such a resolution because of a procedural error in the adoption of the resolution or amendment shall be brought more than two years after the adoption of the resolution or amendment.
No action alleging procedural error in the actions of a county board of zoning appeals in the granting of a zoning variance or conditional use certificate as provided for in sections 303.14 and 303.15 of the Revised Code shall be brought more than two years after the variance or certificate was granted.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.13 | County Board of Zoning Appeals - Term - Compensation.

Effective:
July 22, 1998
Latest Legislation:
House Bill 388 - 122nd General Assembly
In any county which adopts zoning regulations the board of county commissioners shall appoint a county board of zoning appeals composed 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 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 considers necessary.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.14 | County Board of Zoning Appeals - Powers and Duties.

Effective:
November 2, 2018
Latest Legislation:
House Bill 34 - 132nd General Assembly
The county board of zoning appeals may:
(A) Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of sections 303.01 to 303.25 of the Revised Code, or of any resolution adopted pursuant thereto;
(B) Authorize upon appeal, in specific cases, such variance from the terms of the zoning resolution as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the resolution will result in unnecessary hardship, and so that the spirit of the resolution shall be observed and substantial justice done;
(C) Grant conditional zoning certificates for the use of land, buildings, or other structures if such certificates for specific uses are provided for in the zoning resolution. If the board considers conditional zoning certificates for activities that are permitted and regulated under Chapter 1514. of the Revised Code or activities that are related to making finished aggregate products, the board shall proceed in accordance with section 303.141. of the Revised Code.
(D) Revoke an authorized variance or conditional zoning certificate granted for the extraction of minerals, if any condition of the variance or certificate is violated.
The board shall notify the holder of the variance or certificate e ither by certified mail o r, if the board has record of an internet identifier of record associated with the holder, by ordinary mail and by that internet identifier of record of its intent to revoke the variance or certificate under division (D) of this section and of the holder's right to a hearing before the board within thirty days of the mailing of the notice if the holder so requests. If the holder requests a hearing, the board shall set a time and place for the hearing and notify the holder. At the hearing, the holder may appear in person, by attorney, or by other representative, or the holder may present the holder's position in writing. The holder may present evidence and examine witnesses appearing for or against the holder. If no hearing is requested, the board may revoke the variance or certificate without a hearing. The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law.
In exercising the above-mentioned powers, the board may, in conformity with such sections, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end has all powers of the officer from whom the appeal is taken.
As used in this section, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.15 | Organization and Rules of County Board of Zoning Appeals.

Effective:
July 22, 1998
Latest Legislation:
House Bill 388 - 122nd General Assembly
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 chairperson, and at such other times as the board determines. The chairperson, or in the chairperson's absence the acting 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.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.16 | Enforcement of Zoning Regulations - County Zoning Inspector.

Effective:
September 19, 1985
Latest Legislation:
Senate Bill 94 - 116th General Assembly
For the purpose of enforcing the zoning regulations, the board of county commissioners may provide for a system of zoning certificates, and for this purpose may establish and fill the position of county zoning inspector, together with such assistants as the board considers necessary, fix the compensation for such positions, and make disbursements for them. In any county in which a county building inspector has been appointed in accordance with section 307.38 of the Revised Code, the board of county commissioners may designate such official to serve, in addition, as the county zoning inspector for the purposes of sections 303.01 to 303.25 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.161 | Architectural Review Board Authorized - Standards and Procedures.

Effective:
May 27, 2005
Latest Legislation:
Senate Bill 18 - 125th General Assembly
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. 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.
Last updated April 12, 2021 at 2:34 PM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.17 | Zoning Certificate Required.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall locate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure within the territory included in a zoning resolution without obtaining a zoning certificate, if required under section 303.16 of the Revised Code, and no such zoning certificate shall be issued unless the plans for the proposed building or structure fully comply with the zoning regulations then in effect.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.18 | County Regulations Not Applicable Within Municipal Corporations Except After Incorporation or Annexation.

Effective:
September 17, 1957
Latest Legislation:
Senate Bill 403 - 102nd General Assembly
Regulations enacted by a board of county commissioners under sections 303.01 to 303.25, inclusive, of the Revised Code, shall not apply within municipal corporations, except that where county territory, subject to such regulations, is incorporated, such regulations shall apply therein and be enforced by the county officials until the election and qualification of the officers for the newly incorporated territory, and for not to exceed ninety days thereafter, to enable the officers of the newly incorporated territory to adopt zoning regulations. Upon annexation of county territory to an existing municipal corporation, the zoning regulations then in effect shall remain in full force and shall be enforced by county officials until the legislative authority of said municipal corporation shall either officially adopt the existing zoning regulations or new regulations for such territory.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.19 | Nonconforming Use of Buildings and Land Not Affected by Zoning.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The lawful use of any dwelling, building, or structure and of any land or premises, as existing and lawful at the time of enactment of a zoning resolution or amendment thereto, may be continued, although such use does not conform with the provisions of such resolution or amendment, but if any such nonconforming use is voluntarily discontinued for two years or more, any future use of such land shall be in conformity with sections 303.01 to 303.25, inclusive, of the Revised Code. The board of county commissioners shall provide in any zoning resolution for the completion, restoration, reconstruction, extension, or substitution of nonconforming uses upon such reasonable terms as are set forth in the zoning resolution.