Function
Function of Zoning Commission
Depending on the degree of urbanization in the area zoned, a job on the zoning commission may take a considerable amount of time and work. Since zoning commission members are not paid, before any resident should accept an appointment, he should be sure he has the time and interest to actively participate. Essentially, the zoning commission has three principal duties.
1. Preparation of the Zoning Resolution
It is the primary duty of the zoning commission to prepare the zoning original resolution, both text and map. Once the zoning resolution has been completed to the satisfaction of the zoning commission, it holds a public hearing on the proposal and sends its recommended plan of zoning to the Township Trustees. The zoning commission's function is an advisory one to the Township Trustees.
2. Initiation of Amendments
One of the major responsibilities of the zoning commission is to propose amendments to the zoning text and map as the need arises. It may be found that some of the requirements of the original zoning resolution were too strict and should be modified. On the other hand, some of the requirements that were originally adequate may have to be changed. It is also possible that new zoning districts will be required because of the construction of a new highway, reservoir, or other facility. Zoning must not be static, but must change with the times. The zoning commission should be ready to propose changes to the zoning resolution that, in the long run, will be of the greatest benefit to the residents. These changes should also be fair and responsive to the needs of the larger region of which the individual county or township is only a small part.
3. Make Formal Recommendation on All Amendments
On those amendments that are initiated by the Township Trustees or those that are requested by property owners, it is the responsibility of the zoning commission to make a formal recommendation to the Township Trustees.
Before making a recommendation, the zoning commission must receive advice from the county regional planning commission and must hold a public hearing on the proposed amendment.
Although the zoning commission only makes a recommendation to the Township Trustees of what action to take, considerable weight is attached to the recommendation. If the Township Trustees wish to overrule or modify the recommendation, a majority agreement of the Township Trustees is necessary.
Again, it should be stressed that the zoning commission is an advisory body to the Township Trustees. The courts have found that any attempt to delegate to or allow the zoning commission to amend the zoning resolution itself is contrary to the law.
Finally, the zoning commission should be involved in or informed of planning activities in their county. (A member of a county regional planning commission may also be a member of the zoning commission.) An understanding of the needs of the larger region is particularly helpful for rural areas close to large cities in Ohio. Rural zoning should be used as a tool to insure that growth takes place in a balanced and orderly manner, but should not be used to prohibit all growth or change.
