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Bill Analysis

Legislative Service Commission


Am. Sub. S.B. 18
125th General Assembly
(As Passed by the General Assembly)

ACT SUMMARY CONTENT AND OPERATION
Metropolitan housing authorities
Overview
Under continuing law, the Director of Development determines the need for a metropolitan housing authority within specified territorial limits of a county based on (1) the existence of unsanitary or unsafe inhabited housing accommodations in that area or (2) on the shortage of safe and sanitary housing accommodations in that area available to persons who lack the necessary income without financial assistance to live in decent, safe, and sanitary dwellings without congestion. A certified copy of the Director's letter declaring the need for and the existence of a metropolitan housing authority and the territorial limits of its district must be forwarded to each appointing authority (see "Continuing appointment procedures," below). (Sec. 3735.27(A).)
Continuing appointment procedures
Under prior law as well as the act, the population of the metropolitan housing authority's district or the county in which it is located generally determines which appointment procedure applies.[1] Specifically: As a caveat to these appointment procedures, continuing law also requires the appointment of two additional members (making a total of seven) in any metropolitan housing authority district that has 300 or more assisted housing units and that does not have at least one resident who lives in an assisted housing unit as a member. Those additional members must be appointed as follows: (a) one member, who must be a housing unit resident, by the chief executive officer of the most populous city in the district and (b) one member, who need not be a housing unit resident, by the board of county commissioners. After initial staggered terms, both members serve five-year terms. (Sec. 3735.27(E)(1) and (2).)
Changes made by the act
Composition and appointing authorities. The act carves an exception to the third appointment procedure summarized above. Under the act, in those districts located 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 metropolitan housing authority to population, a sixth member must be appointed by the chief executive officer of the city with the largest ratio of those units to population. The appointing authority of the probate court, the court of common pleas, the board of county commissioners, and the chief executive officer of the most populous city in the district is unchanged by the act. (Sec. 3735.27(B).)
Votes and action. The act provides that a majority affirmative vote of any metropolitan housing authority is required to pass any measure; a tie vote will defeat any measure receiving equal numbers of votes for and against it. The act also provides that the members of any metropolitan housing authority must act in the best interest of the district and must not act solely as representatives of their respective appointing authorities. (Sec. 3735.27(G).)
County and township zoning regulations
Overview
The law that governs county and township zoning allows boards of county commissioners and boards of township trustees to adopt zoning regulations in accordance with a comprehensive plan. However, a county or township only may adopt a regulation for one or more specific purposes--e.g., in the interest of public health. Additionally, the regulation must be one of the various kinds permitted by law--e.g., the regulation of building size. (Secs. 303.02 and 519.02.)
Former law
The following table summarizes the provisions of former law concerning (1) the purposes for which a county or township could adopt a regulation and (2) the various kinds of regulations that could be adopted:

Purposes for which zoning regulations could be adopted
Kinds of zoning regulations that
could be adopted
In the interest of public:
    Health
    Safety
    Convenience
    Comfort
    Prosperity
    General welfare
(For residential and nonresidential property, unless otherwise noted)
    A building or other structure's:[5]
        - Location
        - Height
        - Bulk
        - Number of stories
        - Size
        - Use
    Percentage of lot coverage
    Set back building lines
      Sizes of yards, courts, and other open spaces
    Population density
      Uses of land for trade, industry, residence, recreation, or other purposes


Changes made by the act
As noted above, former law generally allowed a county or township to adopt any permitted kind of zoning regulation as long as it was adopted for one or more of the various listed purposes. The act ties certain purposes to certain kinds of regulations that may be adopted and, in doing so, limits the application of certain kinds of regulations to nonresidential property. The following table summarizes these changes (secs. 303.02 and 519.02):

Purposes for which zoning regulations may be adopted
Kinds of zoning regulations that
may be adopted
In the interest of public:
    Health
    Safety
    (For all residential and nonresidential property)
      A building or other structure's:
        - Location
        - Height
        - Bulk
        - Number of stories
        - Size
        - Use
      Percentage of lot coverage
      Set back building lines
      Sizes of yards, courts, and other open spaces
      Population density
      Uses of land for trade, industry, residence, recreation, or other purposes
In the interest of public:
    Convenience
    Comfort
    Prosperity
    General welfare
    (For all residential and nonresidential property)
      A building or other structure's:
        - Location
        - Set back lines
        - Use
      Uses of land for trade, industry, residence, recreation, or other purposes
In the interest of public:
    Convenience
    Comfort
    Prosperity
    General welfare
    (For nonresidential property only)
      A building or other structure's:
        - Height
        - Bulk
        - Number of stories
        - Size
      Percentage of lot coverage
      Size of yards, courts, and other open spaces
      Population density


Landscaping and architectural standards
Former law permitted a board of county commissioners or a board of township trustees to create an architectural review board to enforce compliance with any zoning standards the county or township adopted regulating landscaping or architectural elements in residential zones. Those standards too had to be adopted in accordance with the comprehensive zoning plan for any of the purposes mentioned previously: in the interest of the public health, safety, convenience, comfort, prosperity, or general welfare. Under the act, a county or township may adopt zoning standards regulating landscaping or architectural elements in both residential and nonresidential zones. Moreover, under the act, a county or township may establish the "reasonable" landscaping and architectural standards (excluding exterior building materials) only for the purposes of the public convenience, comfort, prosperity, or general welfare and no longer, as under prior law, for the purposes of the public health and safety. (Secs. 303.02, 303.161, 519.02, and 519.171.)
Participation of students of school district-sponsored community schools in district extracurricular activities
Continuing law
Community schools (often called "charter schools") are public nonsectarian schools that operate independently of any school district under a contract with a public or private sponsor. With some limitations, a community school's sponsor might be a school district, an educational service center, a sponsoring authority designated by a state university board of trustees, or an education-oriented tax exempt entity. Each community school receives state funds deducted from the state aid accounts of the school districts in which the enrolled students are entitled to attend school (their resident school districts).
Changes made by the act
The act requires a school district to afford any of its seventh- to twelfth-grade resident students enrolled in a community school sponsored by that district the opportunity to participate in extracurricular activities offered by the traditional public school operated by the district to which the student otherwise would be assigned.[6] The act does not apply to a student enrolled in a community school sponsored by an entity other than the student's resident district. For example, it would not apply to students who enroll in a community school sponsored by a school district other than their resident district, or to students who enroll in community schools sponsored by entities other than school districts. (Sec. 3313.537(A).)
To take advantage of the act's provisions, the student must fulfill the same academic, nonacademic, and financial requirements as any other participant in the extracurricular activity.[7] And, a school or district may not impose fees for a community school student to participate in extracurricular activities that exceed any fees charged to other students for the same activities. The act does permit a district, however, to require a community school student to first enroll and participate in no more than one academic course at the school offering the extracurricular activity. If a district chooses to implement such a requirement, it must enroll community school students in academic courses at the school offering the extracurricular activity as space allows, after first enrolling students assigned to that school. Finally, the act specifically prohibits any school district, interscholastic conference, or organization that regulates interscholastic conferences or events from imposing eligibility requirements that conflict with the act's provisions. (Sec. 3313.537(C), (D), and (E).)
HISTORY

ACTIONDATEJOURNAL ENTRY
    Introduced
01-30-03p. 94
    Reported, S. State & Local
    Gov't & Veterans Affairs

03-20-03

p. 199
    Passed Senate (23-10)
04-01-03p. 235
    Reported, H. Municipal Gov't
    & Urban Revitalization

12-08-04

pp. 2391-2392
    Passed House (80-10)
12-08-04pp. 2397-2401
    Senate concurred in House amendments (18-12)

12-08-04

pp. 2675-2676


04-sb18-125.doc/kl




* The Legislative Service Commission had not received formal notification of the effective date at the time this analysis was prepared. Additionally, the analysis may not reflect action taken by the Governor.
[1] In all cases, metropolitan housing authority members must be residents of the territory they serve (sec. 3735.27(A)).
[2] Population in this case is tied to the 1990 federal census.
[3] Population in this case is tied to the 2000 federal census.
[4] Population in this case is tied to the last preceding federal census.
[5] Under continuing law, "buildings and other structures" include tents, cabins, and trailer coaches (secs. 303.02 and 519.02).
[6] The act defines "extracurricular activity" as a pupil activity program that a school or school district operates that is not included in the district's graded course of study. It also includes an interscholastic extracurricular activity that a school or district sponsors or participates in and that has participants from more than one school or school district. (Sec. 3313.537(A).)
[7] Under continuing law, school district boards are required to adopt rules requiring students in grades 7 to 12 to attain a minimum grade point average (established by the board) as a condition for the students' participation in interscholastic extracurricular activities. District boards also must adopt policies either prohibiting students from participating in interscholastic extracurricular activities, or allowing students to participate, if the students receive failing grades in any class or course in the school districts' graded courses during the previous grading period. Finally, district boards also may adopt rules that include additional standards for determining the eligibility of students to participate in interscholastic extracurricular activities and exemptions for students with disabilities. (Sec. 3313.535--not in the act.)