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           

                                                          2      

                                                                 
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                            

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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.                         

                                                          7      

                                                                 
      (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          

                                                          8      

                                                                 
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