As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 280 5
1997-1998 6
REPRESENTATIVES SCHULER-GARCIA-KREBS-WINKLER-O'BRIEN-OPFER- 8
MOTTLEY-CATES-LOGAN 9
11
A B I L L
To amend sections 303.022 and 519.021 of the Revised 13
Code to permit the establishment of planned-unit 14
developments in county and township zoning codes 15
under which property owners may elect to have 16
either the planned-unit development regulations 17
or regular underlying zoning regulations apply 18
to their property. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 303.022 and 519.021 of the 23
Revised Code be amended to read as follows: 24
Sec. 303.022. A county zoning resolution or amendment 33
adopted in accordance with this chapter may establish or modify 34
planned-unit development regulations, which DEVELOPMENTS. 35
PLANNED-UNIT DEVELOPMENT regulations AS PROVIDED FOR IN THIS 36
SECTION shall only apply to property ONLY at the election of the 38
property owner and which regulations may SHALL include standards 39
to be used by the board of county commissioners or, if the board 41
so chooses, by the county zoning commission, in determining 42
whether to approve or disapprove any PROPOSED DEVELOPMENT WITHIN 43
A planned-unit development. The regulations PLANNED-UNIT 44
DEVELOPMENT shall further the purpose of promoting the general 45
public welfare, encouraging the efficient use of land and 46
resources, promoting greater efficiency in providing public and 47
utility services, and encouraging innovation in the planning and 48
building of all types of development. Within a planned-unit 49
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development, the county zoning REGULATIONS, WHERE APPLICABLE, 50
subdivision REGULATIONS, and platting regulations need not be 51
uniform, but may vary in order to accommodate unified development 52
and to promote the public health, safety, and morals, and the 53
other purposes of this section. County 54
PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE COUNTY 57
ZONING RESOLUTION UNDER ONE OF THE FOLLOWING ARRANGEMENTS: 58
(A) THE BOARD OF COUNTY COMMISSIONERS MAY ADOPT 60
PLANNED-UNIT DEVELOPMENT REGULATIONS THAT DO NOT AUTOMATICALLY 61
APPLY TO ANY PROPERTY IN THE COUNTY, BUT ESTABLISH STANDARDS THAT 62
WILL APPLY TO PROPERTY THAT BECOMES PART OF A PLANNED-UNIT 63
DEVELOPMENT AS PROVIDED IN THIS DIVISION. PROPERTY OWNERS WHO 64
WISH TO HAVE PLANNED-UNIT DEVELOPMENT REGULATIONS APPLY TO THEIR
PROPERTY MAY APPLY TO HAVE THE ZONING MAP AMENDED PURSUANT TO 65
SECTION 303.12 OF THE REVISED CODE TO REZONE THEIR PROPERTY AS A 67
PLANNED-UNIT DEVELOPMENT AND NO LONGER SUBJECT TO ANY PREVIOUSLY 68
APPLICABLE ZONING REGULATIONS. ONCE PROPERTY HAS BEEN REZONED AS
A PLANNED-UNIT DEVELOPMENT, SUBSEQUENT DEVELOPMENT ON THAT 69
PROPERTY SHALL COMPLY WITH THE PLANNED-UNIT DEVELOPMENT 70
REGULATIONS AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OR 71
COUNTY ZONING COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION 72
OF THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, 73
ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF 74
PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE 75
WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL 76
NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A COUNTY 77
ZONING RESOLUTION FOR THE PURPOSE OF SECTION 303.12 OF THE 78
REVISED CODE, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. OF 79
THE REVISED CODE.
(B) UPON THE APPLICATION OF PROPERTY OWNERS, THE BOARD OF 81
COUNTY COMMISSIONERS MAY ESTABLISH A PLANNED-UNIT DEVELOPMENT FOR 82
THEIR PROPERTY, DESIGNATING THE PROPERTY AS A PLANNED-UNIT 83
DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES 84
SET FORTH IN SECTION 303.12 OF THE REVISED CODE, AND
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SIMULTANEOUSLY ADOPTING REGULATIONS AS PART OF THAT SAME 86
PROCEDURE THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT. 87
WITHIN THAT DEVELOPMENT, PROPERTY IS SUBJECT TO THE PLANNED-UNIT 88
DEVELOPMENT REGULATIONS AND NOT TO ANY OTHER ZONING REGULATIONS. 89
COMPLIANCE WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS SHALL BE 90
DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OR COUNTY ZONING 91
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 92
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP AND THE 93
SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY TO THAT 94
PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF 95
SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT 96
DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED 97
AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN 98
AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING RESOLUTION FOR THE 99
PURPOSE OF SECTION 303.12 OF THE REVISED CODE, BUT MAY BE
APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED CODE. 101
(C) THE BOARD OF COUNTY COMMISSIONERS MAY DESIGNATE 103
PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP IN 104
ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 303.12 OF THE 105
REVISED CODE, AND SIMULTANEOUSLY ADOPT REGULATIONS AS PART OF 106
THAT SAME PROCEDURE THAT APPLY IN THAT PLANNED-UNIT DEVELOPMENT 107
TO THE EXTENT THEY ARE MADE APPLICABLE TO PARTICULAR PARCELS BY 109
PARCEL OWNERS UNDER THIS DIVISION. ANY OTHER ZONING REGULATIONS
THAT EXIST IN THE DESIGNATED PROPERTY CONTINUE TO APPLY TO THAT 110
PROPERTY UNLESS THE OWNER OF ANY PARCEL OF THAT PROPERTY SUBMITS 111
TO THE BOARD OF COUNTY COMMISSIONERS OR COUNTY ZONING COMMISSION, 112
AS APPROPRIATE, A WRITTEN STATEMENT ELECTING TO SUBJECT THAT 113
PARCEL EXCLUSIVELY TO THE PLANNED-UNIT DEVELOPMENT REGULATIONS 114
DURING A SPECIFIED, DISTINCT STAGE IN THE DEVELOPMENT OF THE
PARCEL. AT THE CONCLUSION OF THAT STAGE, THE PARCEL BECOMES 115
SUBJECT AGAIN TO ANY ZONING REGULATIONS THAT APPLY IN THE 116
DESIGNATED PROPERTY AND REMAINS SO UNLESS THE PARCEL OWNER AGAIN 117
MAKES THE ELECTION DESCRIBED IN THIS DIVISION. COMPLIANCE WITH 118
THE REGULATIONS REQUIRED BY THIS DIVISION SHALL BE DETERMINED BY 119
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THE BOARD OF COUNTY COMMISSIONERS OR THE COUNTY ZONING
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 120
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, AND THE 122
SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY AT THE 123
ELECTION OF THE PROPERTY OWNER TO A PARTICULAR PROPERTY IN THAT 124
PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF 125
SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT 126
DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED 127
AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN 128
AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING RESOLUTION FOR THE 129
PURPOSE OF SECTION 303.12 OF THE REVISED CODE, BUT MAY BE
APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED CODE. ANY 130
PLANNED-UNIT DEVELOPMENT REGULATIONS ADOPTED UNDER THIS DIVISION 132
SHALL ENSURE THAT THE PURPOSES OF THE UNDERLYING ZONING
REGULATIONS ARE NOT UNDERMINED. 133
COUNTY regulations adopted pursuant to this section may 136
require developers to obtain conditional or final certification 137
of compliance with county zoning, subdivision, or platting 138
regulations at specified stages of development. If standards are 139
adopted for approval or disapproval of planned-unit developments, 140
no planned-unit development shall be approved unless the plan for 141
that development satisfies the standards of approval established 142
under this section. No approval of a planned-unit development as 143
being in compliance with the standards of approval established 145
under this section, if any, shall be considered to be an 146
amendment or supplement to the county zoning resolution for the 147
purpose of section 303.12 of the Revised Code. 148
As used in this section, "planned-unit development" means a 150
development which is planned to integrate residential, 151
commercial, industrial, or any other use. 152
Sec. 519.021. A township zoning resolution or amendment 161
adopted in accordance with this chapter may establish or modify 162
planned-unit development regulations, which DEVELOPMENTS. 163
PLANNED-UNIT DEVELOPMENT regulations AS PROVIDED FOR IN THIS 164
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SECTION shall only apply to property ONLY at the election of the 166
property owner and which regulations may SHALL include standards 167
to be used by the board of township trustees or, if the board so 168
chooses, by the township zoning commission, in determining 170
whether to approve or disapprove any PROPOSED DEVELOPMENT WITHIN 171
A planned-unit development. The regulations PLANNED-UNIT 172
DEVELOPMENT shall further the purpose of promoting the general 173
public welfare, encouraging the efficient use of land and 174
resources, promoting greater efficiency in providing public and 175
utility services, and encouraging innovation in the planning and 176
building of all types of development. Within a planned-unit 177
development, the township zoning regulations, WHERE APPLICABLE, 178
need not be uniform, but may vary in order to accommodate unified 180
development and to promote the public health, safety, morals, and 181
the other purposes of this section. If standards are adopted for 182
approval or disapproval of planned-unit developments, no 183
planned-unit development shall be approved unless the plan for 184
that development satisfies the standards of approval established 185
under this section. No approval of a planned-unit development as 186
being in compliance with the standards of approval established 187
under this section, if any, shall be considered to be an 189
amendment or supplement to the township zoning resolution for the 190
purpose of section 519.12 of the Revised Code. 191
PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE TOWNSHIP 193
ZONING RESOLUTION UNDER ONE OF THE FOLLOWING ARRANGEMENTS: 194
(A) THE BOARD OF TOWNSHIP TRUSTEES MAY ADOPT PLANNED-UNIT 196
DEVELOPMENT REGULATIONS THAT DO NOT AUTOMATICALLY APPLY TO ANY 197
PROPERTY IN THE TOWNSHIP, BUT ESTABLISH STANDARDS THAT WILL APPLY 198
TO PROPERTY THAT BECOMES PART OF A PLANNED-UNIT DEVELOPMENT AS 200
PROVIDED IN THIS DIVISION. PROPERTY OWNERS WHO WISH TO HAVE 201
PLANNED-UNIT DEVELOPMENT REGULATIONS APPLY TO THEIR PROPERTY MAY 202
APPLY TO HAVE THE ZONING MAP AMENDED PURSUANT TO SECTION 519.12
OF THE REVISED CODE TO REZONE THEIR PROPERTY AS A PLANNED-UNIT 204
DEVELOPMENT AND NO LONGER SUBJECT TO ANY PREVIOUSLY APPLICABLE 205
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ZONING REGULATIONS. ONCE PROPERTY HAS BEEN REZONED AS A
PLANNED-UNIT DEVELOPMENT, SUBSEQUENT DEVELOPMENT ON THAT PROPERTY 206
SHALL COMPLY WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS AS 207
DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING 208
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 209
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, ANY APPROVAL OR 210
DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A
PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS 211
ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE 212
CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING 213
RESOLUTION FOR THE PURPOSE OF SECTION 519.12 OF THE REVISED CODE, 214
BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED
CODE.
(B) UPON THE APPLICATION OF PROPERTY OWNERS, THE BOARD OF 216
TOWNSHIP TRUSTEES MAY ESTABLISH A PLANNED-UNIT DEVELOPMENT FOR 218
THEIR PROPERTY, DESIGNATING THE PROPERTY AS A PLANNED-UNIT 219
DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES 220
SET FORTH IN SECTION 519.12 OF THE REVISED CODE, AND
SIMULTANEOUSLY ADOPTING REGULATIONS AS PART OF THAT SAME 222
PROCEDURE THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT. 223
WITHIN THAT DEVELOPMENT, PROPERTY IS SUBJECT TO THE PLANNED-UNIT 224
DEVELOPMENT REGULATIONS AND NOT TO ANY OTHER ZONING REGULATIONS. 225
COMPLIANCE WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS SHALL BE 226
DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING 227
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 228
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP AND THE
SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY TO THAT 229
PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF 230
SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT 231
DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED
AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN 232
AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING RESOLUTION FOR THE 233
PURPOSE OF SECTION 519.12 OF THE REVISED CODE, BUT MAY BE 234
APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED CODE.
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(C) THE BOARD OF TOWNSHIP TRUSTEES MAY DESIGNATE PROPERTY 236
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE 237
WITH THE PROCEDURES SET FORTH IN SECTION 519.12 OF THE REVISED 238
CODE, AND SIMULTANEOUSLY ADOPT REGULATIONS AS PART OF THAT SAME 239
PROCEDURE THAT APPLY IN THAT PLANNED-UNIT DEVELOPMENT TO THE 240
EXTENT THEY ARE MADE APPLICABLE TO PARTICULAR PARCELS BY PARCEL 242
OWNERS UNDER THIS DIVISION. ANY OTHER ZONING REGULATIONS THAT 243
EXIST IN THE DESIGNATED PROPERTY CONTINUE TO APPLY TO THAT
PROPERTY UNLESS THE OWNER OF ANY PARCEL OF THAT PROPERTY SUBMITS 244
TO THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING COMMISSION, 245
AS APPROPRIATE, A WRITTEN STATEMENT ELECTING TO SUBJECT THAT 246
PARCEL EXCLUSIVELY TO THE PLANNED-UNIT DEVELOPMENT REGULATIONS 247
DURING A SPECIFIED, DISTINCT STAGE IN THE DEVELOPMENT OF THE 248
PARCEL. AT THE CONCLUSION OF THAT STAGE, THE PARCEL BECOMES
SUBJECT AGAIN TO ANY ZONING REGULATIONS THAT APPLY IN THE 249
DESIGNATED PROPERTY AND REMAINS SO UNLESS THE PARCEL OWNER AGAIN 250
MAKES THE ELECTION DESCRIBED IN THIS DIVISION. COMPLIANCE WITH 251
THE REGULATIONS REQUIRED BY THIS DIVISION SHALL BE DETERMINED BY 253
THE BOARD OF TOWNSHIP TRUSTEES OR THE TOWNSHIP ZONING COMMISSION, 254
AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY AS A
PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, AND THE SIMULTANEOUS 255
ADOPTION OF REGULATIONS THAT WILL APPLY ONLY AT THE ELECTION OF 256
THE PROPERTY OWNER TO A PARTICULAR PROPERTY IN THAT PLANNED-UNIT 257
DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR 258
DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN 259
COMPLIANCE WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS 260
DIVISION SHALL NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT
TO A TOWNSHIP ZONING RESOLUTION FOR THE PURPOSE OF SECTION 519.12 261
OF THE REVISED CODE, BUT MAY BE APPEALED PURSUANT TO CHAPTER 262
2506. OF THE REVISED CODE. ANY PLANNED-UNIT DEVELOPMENT 263
REGULATIONS ADOPTED UNDER THIS DIVISION SHALL ENSURE THAT THE 264
PURPOSES OF THE UNDERLYING ZONING REGULATIONS ARE NOT UNDERMINED. 265
As used in this section, "planned-unit development" means a 267
development which is planned to integrate residential, 268
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commercial, industrial, or any other use. 269
Section 2. That existing sections 303.022 and 519.021 of 271
the Revised Code are hereby repealed. 272