Ohio Rev. Code » Chapter 713
Ohio Revised Code

Ohio Rev. Code § 713.01 (2026)

Establishment of planning commissions

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Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
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The legislative authority of each city having a board of park commissioners may establish a city planning commission of seven members, consisting of the mayor, the director of public service, the president of the board of park commissioners, two citizens of the municipal corporation, and two public members who shall serve without compensation and shall be appointed by the mayor for terms of six years each, except that the term of two of the members of the first commission shall be for three years. The legislative authority may, by resolution, change the number of citizen members to an even number of members, not less than four nor more than twelve. Whenever the size of a commission is expanded, the initial appointees to new positions shall be appointed to terms which permit half the citizen members to be reappointed each third year. No reduction in the size of a commission shall affect the term of any incumbent, and at least two citizen members shall be appointed every third year.

The legislative authority of each city without a board of park commissioners may establish a commission of five members, consisting of the mayor, the director of public service, two citizens of the municipal corporation, and one public member who shall serve without compensation and shall be appointed by the mayor for a term of six years, except that the term of one of the members of the first commission shall be for four years and one for two years.

The legislative authority of each city with a commission plan of government, adopted as provided in sections 705.01 to 705.06, 705.31, 705.32, and 705.41 to 705.48 of the Revised Code, may establish a city planning commission of five members, consisting of the chairperson of the legislative authority, three citizens of the city, and one public member to be appointed by the legislative authority for terms of six years each, except that the term of two of the members of the first planning commission shall be for four years and two for two years. All members of the planning commission shall serve without compensation.

The legislative authority of each city with a city manager plan of government, adopted as provided in sections 705.01 to 705.06 and 705.51 to 705.60 of the Revised Code, may establish a commission of five members, consisting of the chairperson of the legislative authority, the city manager, two citizens of the city, and one public member who shall serve without compensation and shall be appointed by the city manager for terms of six years each, except that the term of one of the members of the first commission shall be for four years and one for two years.

The legislative authority of each village may establish a commission of five members, consisting of the mayor, one member of the legislative authority to be elected thereby for the remainder of the individual's term as such member of the legislative authority, two citizens of the village, and one public member to be appointed by the mayor for terms of six years each, except that the term of one of the members of the first commission shall be for four years and one for two years. All members shall serve without compensation.

The public members appointed under this section need not be residents of the municipal corporation but shall be residents of the county in which the municipal corporation is located or a township that is adjacent to the county. For purposes of this section, all members of a planning commission are subject to section 2921.42 of the Revised Code.

Whenever a planning commission is appointed under this section, it shall have all the powers conferred in section 735.15 of the Revised Code.

Except as otherwise provided in its charter, the commission of a charter municipal corporation created in the manner and by virtue of authority granted by its charter, shall have the powers of and the plans made by it shall have the effect of a planning commission or city plan created under sections 713.01 to 713.15 of the Revised Code.

Any member of a city or village planning commission established under this section or by charter, except as otherwise provided in its charter, may hold any other public office and may serve as a member of a county, and a regional planning commission.
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1957–2021 · leading case: State ex rel. Sunset Est. Props., L.L.C. v. Vill. of Lodi, 30 N.E.3d 934 (Ohio 2015).
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State ex rel. Sunset Est. Props., L.L.C. v. Vill. of Lodi, 30 N.E.3d 934 (Ohio 2015). “e continued, although such use does not conform with the provisions of such ordinance or amendment, but if any such nonconforming use is voluntarily discontinued for two years or more, or for a period of not less than six months but not more than two years that a municipal…”
Cleveland Elec. Illuminating Co. v. City of Painesville, 239 N.E.2d 75 (Ohio 1968). · cites it 2× “The Common Pleas Court found that the city of Pain *132 esville has established a city planning commission, as permitted by Section 713.01, Revised Code, and that the commission has promulgated a city plan recommending general locations for the placement of utilities.”
City of Kettering v. Lamar Outdoor Advert., Inc., 525 N.E.2d 836 (Ohio Ct. App. 2d Dist. 1987). “ing, or structure and of any land or premises, as existing and lawful at the time of enacting a zoning ordinance or amendment thereto, may be continued, although such use does not conform with the provisions of such ordinance or amendment, but if any such nonconforming use is…”
Dsuban v. Union Twp. Bd. of Zoning Appeals, 748 N.E.2d 597 (Ohio Ct. App. 12th Dist. 2000). “Generally, cities and villages that have not adopted a charter must follow the enabling acts in R.C. 713.01 et seq. Wintersville v. Argo Sales Co.”
Wolfe v. Vill. of Brice, Ohio, 37 F. Supp. 2d 1021 (S.D. Ohio 1999). “may be continued, although such use does not conform with the provisions of such ordinance or amendment, but if any such nonconforming use is voluntarily discontinued for two years or more, or for a period of not less than six months but not more than two years that a municipal…”
McGuire v. City of Moraine, Ohio, 178 F. Supp. 2d 882 (S.D. Ohio 2001). “Code § 713.01. In the present case, the City of Moraine created the Moraine Planning Commission and delegated to it the power to give final approval to a *894 replat application, absent an appeal to the Moraine City Council.”
Penewit v. Spring Valley Bd. of Zoning Appeals, 2019-Ohio-3200. “See R.C. 713.01(A); R.C. 713.06. {¶ 24} Under R.”
Sun Oil Co. v. City of Upper Arlington, 379 N.E.2d 266 (Ohio Ct. App. 10th Dist. 1977). “ng, or structure and of any land or premises, as existing and lawful at the time of enacting a zoning ordinance or amendment thereto, may be continued, although such use does not conform with the provisions of such ordinance or amendment, but if any such nonconforming use is…”
Marietta v. Washington Cty. Woman's Home Bd. of Trs., 2020-Ohio-5144, 161 N.E.3d 736. “may be continued, although such use does not conform with the provisions of such ordinance or amendment, but if any such nonconforming use is voluntarily discontinued for two years or more, or for a period of not less than six months but not more than two years that a municipal…”
Hunziker v. Grande, 456 N.E.2d 516 (Ohio Ct. App. 8th Dist. 1982). “ng, or structure and of any land or premises, as existing and lawful at the time of enacting a zoning ordinance or amendment thereto, may be continued, although such use does not conform with the provisions of such ordinance or amendment, but if any such nonconforming use is…”
Taylor v. State, Dep't of Rehab. & Corr., 540 N.E.2d 310 (Ohio Ct. App. 10th Dist. 1988). “This power exists separately from and concurrently with statutory provisions such as R.C. 713.01 to 713.14, which authorize municipal zoning to be established by city planning commissions.”
Fifth Column v. Vill. of Valley View, Ohio, 100 F. Supp. 2d 493 (N.D. Ohio 1998). “03 is a “districting or zoning” ordinance regulated under § 713.01, it is invalid and Valley View cannot enforce it against Fifth Column, or anyone else.”
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Ohio Rev. Code § 713.01(A): 1 case
Penewit v. Spring Valley Bd. of Zoning Appeals, 2019-Ohio-3200. “See R.C. 713.01(A); R.C. 713.06. {¶ 24} Under R.”
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