As Introduced
135th General Assembly
Regular Session S. B. No. 324
2023-2024
Senators Gavarone, Brenner
A BILL
To amend sections 303.12, 303.59, 307.94, 3501.01, 1
3501.38, 3501.381, 3501.39, 3503.01, 3503.13, 2
3503.14, 3503.15, 3503.151, 3503.152, 3503.16, 3
3503.19, 3503.21, 3505.181, 3505.182, 3505.183, 4
3505.20, 3509.05, 3509.08, 3513.07, 3513.261, 5
3517.01, 3517.12, 3519.02, 3519.05, 3519.16, and 6
3599.21 and to enact sections 3503.201 and 7
3503.202 of the Revised Code to require proof of 8
citizenship to register to vote and to modify 9
procedures regarding voter roll maintenance, 10
absent voting, and election petitions. 11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.12, 303.59, 307.94, 3501.01, 12
3501.38, 3501.381, 3501.39, 3503.01, 3503.13, 3503.14, 3503.15, 13
3503.151, 3503.152, 3503.16, 3503.19, 3503.21, 3505.181, 14
3505.182, 3505.183, 3505.20, 3509.05, 3509.08, 3513.07, 15
3513.261, 3517.01, 3517.12, 3519.02, 3519.05, 3519.16, and 16
3599.21 be amended and sections 3503.201 and 3503.202 of the 17
Revised Code be enacted to read as follows: 18
Sec. 303.12. (A)(1) Amendments to the zoning resolution 19
S. B. No. 324 Page 2
As Introduced
may be initiated by motion of the county rural zoning 20
commission, by the passage of a resolution by the board of 21
county commissioners, or by the filing of an application by one 22
or more of the owners or lessees of property within the area 23
proposed to be changed or affected by the proposed amendment 24
with the county rural zoning commission. The board of county 25
commissioners may require that the owner or lessee of property 26
filing an application to amend the zoning resolution pay a fee 27
to defray the cost of advertising, mailing, filing with the 28
county recorder, and other expenses. If the board of county 29
commissioners requires such a fee, it shall be required 30
generally, for each application. The board of county 31
commissioners, upon the passage of such a resolution, shall 32
certify it to the county rural zoning commission. 33
(2) Upon the adoption of a motion by the county rural 34
zoning commission, the certification of a resolution by the 35
board of county commissioners to the commission, or the filing 36
of an application by property owners or lessees as described in 37
division (A)(1) of this section with the commission, the 38
commission shall set a date for a public hearing, which date 39
shall not be less than twenty nor more than forty days from the 40
date of adoption of such a motion, the date of the certification 41
of such a resolution, or the date of the filing of such an 42
application. Notice of the hearing shall be given by the 43
commission by one publication in one or more newspapers of 44
general circulation in each township affected by the proposed 45
amendment at least ten days before the date of the hearing. 46
(B) If the proposed amendment intends to rezone or 47
redistrict ten or fewer parcels of land, as listed on the county 48
auditor's current tax list, written notice of the hearing shall 49
be mailed by the county rural zoning commission, by first class 50
S. B. No. 324 Page 3
As Introduced
mail, at least ten days before the date of the public hearing to 51
all owners of property within and contiguous to and directly 52
across the street from the area proposed to be rezoned or 53
redistricted to the addresses of those owners appearing on the 54
county auditor's current tax list. The failure of delivery of 55
that notice shall not invalidate any such amendment. 56
(C) If the proposed amendment intends to rezone or 57
redistrict ten or fewer parcels of land as listed on the county 58
auditor's current tax list, the published and mailed notices 59
shall set forth the time, date, and place of the public hearing 60
and include all of the following: 61
(1) The name of the county rural zoning commission that 62
will be conducting the hearing; 63
(2) A statement indicating that the motion, resolution, or 64
application is an amendment to the zoning resolution; 65
(3) A list of the addresses of all properties to be 66
rezoned or redistricted by the proposed amendment and of the 67
names of owners of these properties, as they appear on the 68
county auditor's current tax list; 69
(4) The present zoning classification of property named in 70
the proposed amendment and the proposed zoning classification of 71
that property; 72
(5) The time and place where the motion, resolution, or 73
application proposing to amend the zoning resolution will be 74
available for examination for a period of at least ten days 75
prior to the hearing; 76
(6) The name of the person responsible for giving notice 77
of the public hearing by publication, by mail, or by both 78
publication and mail; 79
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As Introduced
(7) A statement that, after the conclusion of the hearing, 80
the matter will be submitted to the board of county 81
commissioners for its action; 82
(8) Any other information requested by the commission. 83
(D) If the proposed amendment alters the text of the 84
zoning resolution, or rezones or redistricts more than ten 85
parcels of land as listed on the county auditor's current tax 86
list, the published notice shall set forth the time, date, and 87
place of the public hearing and include all of the following: 88
(1) The name of the county rural zoning commission that 89
will be conducting the hearing on the proposed amendment; 90
(2) A statement indicating that the motion, application, 91
or resolution is an amendment to the zoning resolution; 92
(3) The time and place where the text and maps of the 93
proposed amendment will be available for examination for a 94
period of at least ten days prior to the hearing; 95
(4) The name of the person responsible for giving notice 96
of the hearing by publication; 97
(5) A statement that, after the conclusion of the hearing, 98
the matter will be submitted to the board of county 99
commissioners for its action; 100
(6) Any other information requested by the commission. 101
Hearings shall be held in the county court house or in a 102
public place designated by the commission. 103
(E) Within five days after the adoption of the motion 104
described in division (A) of this section, the certification of 105
the resolution described in division (A) of this section, or the 106
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As Introduced
filing of the application described in division (A) of this 107
section, the county rural zoning commission shall transmit a 108
copy of it together with text and map pertaining to it to the 109
county or regional planning commission, if there is such a 110
commission. 111
The county or regional planning commission shall recommend 112
the approval or denial of the proposed amendment or the approval 113
of some modification of it and shall submit its recommendation 114
to the county rural zoning commission. The recommendation shall 115
be considered at the public hearing held by the county rural 116
zoning commission on the proposed amendment. 117
The county rural zoning commission, within thirty days 118
after the hearing, shall recommend the approval or denial of the 119
proposed amendment, or the approval of some modification of it, 120
and shall submit that recommendation together with the motion, 121
application, or resolution involved, the text and map pertaining 122
to the proposed amendment, and the recommendation of the county 123
or regional planning commission on it to the board of county 124
commissioners. 125
The board of county commissioners, upon receipt of that 126
recommendation, shall set a time for a public hearing on the 127
proposed amendment, which date shall be not more than thirty 128
days from the date of the receipt of that recommendation. Notice 129
of the hearing shall be given by the board by one publication in 130
one or more newspapers of general circulation in the county, at 131
least ten days before the date of the hearing. 132
(F) If the proposed amendment intends to rezone or 133
redistrict ten or fewer parcels of land as listed on the county 134
auditor's current tax list, the published notice shall set forth 135
the time, date, and place of the public hearing and include all 136
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As Introduced
of the following: 137
(1) The name of the board of county commissioners that 138
will be conducting the hearing; 139
(2) A statement indicating that the motion, application, 140
or resolution is an amendment to the zoning resolution; 141
(3) A list of the addresses of all properties to be 142
rezoned or redistricted by the proposed amendment and of the 143
names of owners of those properties, as they appear on the 144
county auditor's current tax list; 145
(4) The present zoning classification of property named in 146
the proposed amendment and the proposed zoning classification of 147
that property; 148
(5) The time and place where the motion, application, or 149
resolution proposing to amend the zoning resolution will be 150
available for examination for a period of at least ten days 151
prior to the hearing; 152
(6) The name of the person responsible for giving notice 153
of the hearing by publication, by mail, or by both publication 154
and mail; 155
(7) Any other information requested by the board. 156
(G) If the proposed amendment alters the text of the 157
zoning resolution, or rezones or redistricts more than ten 158
parcels of land as listed on the county auditor's current tax 159
list, the published notice shall set forth the time, date, and 160
place of the public hearing and include all of the following: 161
(1) The name of the board of county commissioners that 162
will be conducting the hearing on the proposed amendment; 163
S. B. No. 324 Page 7
As Introduced
(2) A statement indicating that the motion, application, 164
or resolution is an amendment to the zoning resolution; 165
(3) The time and place where the text and maps of the 166
proposed amendment will be available for examination for a 167
period of at least ten days prior to the hearing; 168
(4) The name of the person responsible for giving notice 169
of the hearing by publication; 170
(5) Any other information requested by the board. 171
(H) Within twenty days after its public hearing, the board 172
of county commissioners shall either adopt or deny the 173
recommendation of the county rural zoning commission or adopt 174
some modification of it. If the board denies or modifies the 175
commission's recommendation, a majority vote of the board shall 176
be required. 177
The proposed amendment, if adopted by the board, shall 178
become effective in thirty days after the date of its adoption, 179
unless, within thirty days after the adoption, there is 180
presented to the board of county commissioners a petition, 181
signed by a number of qualified voters residing in the 182
unincorporated area of the township or part of that 183
unincorporated area included in the zoning plan equal to not 184
less than eight per cent of the total vote cast for all 185
candidates for governor in that area at the most recent general 186
election at which a governor was elected, requesting the board 187
to submit the amendment to the electors of that area for 188
approval or rejection at a special election to be held on the 189
day of the next primary or general election occurring at least 190
ninety days after the petition is submitted. Each part of this 191
petition shall contain the number and the full and correct 192
S. B. No. 324 Page 8
As Introduced
title, if any, of the zoning amendment resolution, motion, or 193
application, furnishing the name by which the amendment is known 194
and a brief summary of its contents. In addition to meeting the 195
requirements of this section, each petition shall be governed by 196
the rules specified in section 3501.38 of the Revised Code. 197
The form of a petition calling for a zoning referendum and 198
the statement of the circulator shall be substantially as 199
follows: 200
"PETITION FOR ZONING REFERENDUM 201
(if the proposal is identified by a particular name or number, 202
or both, these should be inserted here) ________________________ 203
A proposal to amend the zoning map of the unincorporated 204
area of ______________ Township, ___________________ County, 205
Ohio, adopted _______ (date) __________ (followed by brief 206
summary of the proposal). 207
To the Board of County Commissioners of __________________ 208
County, Ohio: 209
We, the undersigned, being electors residing in the 210
unincorporated area of _______________ Township, included within 211
the _________________ County Zoning Plan, equal to not less than 212
eight per cent of the total vote cast for all candidates for 213
governor in the area at the preceding general election at which 214
a governor was elected, request the Board of County 215
Commissioners to submit this amendment of the zoning resolution 216
to the electors of _____________ Township residing within the 217
unincorporated area of the township included in the 218
_______________ County Zoning Resolution, for approval or 219
rejection at a special election to be held on the day of the 22