As Reported by the House Local Government and Townships Committee 1
122nd General Assembly 4
Regular Session Sub. H.B. No. 280 5
1997-1998 6
REPRESENTATIVES SCHULER-GARCIA-KREBS-WINKLER-O'BRIEN-OPFER- 8
MOTTLEY-CATES-LOGAN-TERWILLEGER-LUEBBERS 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 shall only apply to property 37
ONLY at the election of the property owner and which regulations 38
may SHALL include standards to be used by the board of county 40
commissioners or, if the board so chooses, by the county zoning 41
commission, in determining whether to approve or disapprove any 42
PROPOSED DEVELOPMENT WITHIN A planned-unit development. The 43
regulations PLANNED-UNIT DEVELOPMENT shall further the purpose of 44
promoting the general public welfare, encouraging the efficient 45
use of land and resources, promoting greater efficiency in 46
providing public and utility services, and encouraging innovation 47
in the planning and building of all types of development. Within 48
a planned-unit development, the county zoning REGULATIONS, WHERE 49
2
APPLICABLE, subdivision REGULATIONS, and platting regulations 50
need not be uniform, but may vary in order to accommodate unified 51
development and to promote the public health, safety, and morals, 52
and the other purposes of this section. County 53
PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE COUNTY 56
ZONING RESOLUTION UNDER ONE OF THE FOLLOWING PROCEDURES: 57
(A) THE BOARD OF COUNTY COMMISSIONERS MAY ADOPT 59
PLANNED-UNIT DEVELOPMENT REGULATIONS THAT DO NOT AUTOMATICALLY 60
APPLY TO ANY PROPERTY IN THE COUNTY, BUT ESTABLISH STANDARDS THAT 61
WILL APPLY TO PROPERTY THAT BECOMES PART OF A PLANNED-UNIT 62
DEVELOPMENT AS PROVIDED IN THIS DIVISION. PROPERTY OWNERS WHO 63
WISH TO HAVE PLANNED-UNIT DEVELOPMENT REGULATIONS APPLY TO THEIR
PROPERTY MAY APPLY TO HAVE THE ZONING MAP AMENDED PURSUANT TO 64
SECTION 303.12 OF THE REVISED CODE TO REZONE THEIR PROPERTY AS A 66
PLANNED-UNIT DEVELOPMENT AND NO LONGER SUBJECT TO ANY PREVIOUSLY 67
APPLICABLE ZONING REGULATIONS. ONCE PROPERTY HAS BEEN REZONED AS
A PLANNED-UNIT DEVELOPMENT, SUBSEQUENT DEVELOPMENT ON THAT 68
PROPERTY SHALL COMPLY WITH THE PLANNED-UNIT DEVELOPMENT 69
REGULATIONS AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OR 70
COUNTY ZONING COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION 71
OF THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, 72
ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF 73
PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE 74
WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL 75
NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A COUNTY 76
ZONING RESOLUTION FOR THE PURPOSE OF SECTION 303.12 OF THE 77
REVISED CODE, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. OF 78
THE REVISED CODE.
(B) UPON THE APPLICATION OF PROPERTY OWNERS, THE BOARD OF 80
COUNTY COMMISSIONERS MAY ESTABLISH A PLANNED-UNIT DEVELOPMENT FOR 81
THEIR PROPERTY, DESIGNATING THE PROPERTY AS A PLANNED-UNIT 82
DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES 83
SET FORTH IN SECTION 303.12 OF THE REVISED CODE, AND
SIMULTANEOUSLY ADOPTING REGULATIONS AS PART OF THAT SAME 85
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PROCEDURE THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT. 86
WITHIN THAT DEVELOPMENT, PROPERTY IS SUBJECT TO THE PLANNED-UNIT 87
DEVELOPMENT REGULATIONS AND NOT TO ANY OTHER ZONING REGULATIONS. 88
COMPLIANCE WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS SHALL BE 89
DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OR COUNTY ZONING 90
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 91
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP AND THE 92
SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY TO THAT 93
PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF 94
SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT 95
DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED 96
AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN 97
AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING RESOLUTION FOR THE 98
PURPOSE OF SECTION 303.12 OF THE REVISED CODE, BUT MAY BE
APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED CODE. 100
(C) PURSUANT TO SECTION 303.12 OF THE REVISED CODE, THE 104
BOARD OF COUNTY COMMISSIONERS MAY ADOPT PLANNED-UNIT DEVELOPMENT 105
REGULATIONS AND AMEND THE ZONING MAP TO REZONE PROPERTY AS 106
PLANNED-UNIT DEVELOPMENTS. ANY OTHER ZONING REGULATIONS AND 107
ZONING DISTRICT THAT EXIST AT THE TIME A PLANNED-UNIT DEVELOPMENT 109
DISTRICT IS ESTABLISHED UNDER THIS DIVISION CONTINUE TO APPLY 110
WITHIN THE PLANNED-UNIT DEVELOPMENT DISTRICT UNLESS THE BOARD OR 112
THE COUNTY ZONING COMMISSION APPROVES AN APPLICATION OF AN OWNER 113
OF PROPERTY WITHIN THE DISTRICT TO SUBJECT THE OWNER'S PROPERTY
TO PLANNED-UNIT DEVELOPMENT REGULATIONS UNDER THIS DIVISION. 114
SUCH AN APPLICATION SHALL BE MADE IN ACCORDANCE WITH THE 115
PLANNED-UNIT DEVELOPMENT REGULATIONS AND SHALL INCLUDE A 116
DEVELOPMENT PLAN THAT COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 117
REGULATIONS. UPON RECEIVING SUCH AN APPLICATION, THE BOARD OF 118
COUNTY COMMISSIONERS OR COUNTY ZONING COMMISSION, AS APPLICABLE, 120
SHALL DETERMINE WHETHER THE APPLICATION AND PLAN COMPLY WITH THE 121
PLANNED-UNIT DEVELOPMENT REGULATIONS. THE BOARD OR COMMISSION'S 122
DETERMINATION SHALL NOT BE CONSIDERED TO BE AN AMENDMENT TO A 124
COUNTY ZONING RESOLUTION FOR PURPOSES OF SECTION 303.12 OF THE 126
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REVISED CODE, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. OF 128
THE REVISED CODE. IF THE BOARD OR COMMISSION MAKES A FINAL 130
DETERMINATION THAT THE PLAN INCLUDED IN THE APPLICATION COMPLIES 131
WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS OR, IF THE BOARD OR 132
COMMISSION'S FINAL DETERMINATION IS ONE OF NONCOMPLIANCE THEN IF 133
A COURT OF COMPETENT JURISDICTION ISSUES A FINAL NONAPPEALABLE 134
ORDER FINDING COMPLIANCE, THE BOARD OR COMMISSION, AS APPLICABLE, 136
SHALL APPROVE THE APPLICATION AND UPON APPROVAL SHALL CAUSE THE
ZONING MAP TO BE CHANGED SO THAT ANY OTHER ZONING DISTRICT THAT 139
APPLIED TO THE PROPERTY THAT IS THE SUBJECT OF THE OWNER'S 140
APPLICATION NO LONGER APPLIES TO THAT PROPERTY. THE REMOVAL OF 141
THE PRIOR ZONING DISTRICT FROM THE ZONING MAP IS A MINISTERIAL 142
ACT AND SHALL NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT 143
TO A COUNTY ZONING RESOLUTION FOR THE PURPOSES OF SECTION 303.12 144
OF THE REVISED CODE AND MAY NOT BE APPEALED PURSUANT TO CHAPTER 147
2506. OF THE REVISED CODE. 149
COUNTY regulations adopted pursuant to this section may 152
require developers to obtain conditional or final certification 153
of compliance with county zoning, subdivision, or platting 154
regulations at specified stages of development. If standards are 155
adopted for approval or disapproval of planned-unit developments, 156
no planned-unit development shall be approved unless the plan for 157
that development satisfies the standards of approval established 158
under this section. No approval of a planned-unit development as 159
being in compliance with the standards of approval established 161
under this section, if any, shall be considered to be an 162
amendment or supplement to the county zoning resolution for the 163
purpose of section 303.12 of the Revised Code. 164
NOTHING IN THIS SECTION PREVENTS A BOARD OF COUNTY 166
COMMISSIONERS FROM AUTHORIZING A PLANNED-UNIT DEVELOPMENT AS A 167
CONDITIONAL USE IN THE ZONING RESOLUTION PURSUANT TO SECTION 168
303.14 OF THE REVISED CODE.
As used in this section, "planned-unit development" means a 170
development which is planned to integrate residential, 171
5
commercial, industrial, or any other use. 172
Sec. 519.021. A township zoning resolution or amendment 181
adopted in accordance with this chapter may establish or modify 182
planned-unit development regulations, which DEVELOPMENTS. 183
PLANNED-UNIT DEVELOPMENT regulations shall only apply to property 185
ONLY at the election of the property owner and which regulations 186
may SHALL include standards to be used by the board of township 187
trustees or, if the board so chooses, by the township zoning 189
commission, in determining whether to approve or disapprove any 190
PROPOSED DEVELOPMENT WITHIN A planned-unit development. The 191
regulations PLANNED-UNIT DEVELOPMENT shall further the purpose of 192
promoting the general public welfare, encouraging the efficient 193
use of land and resources, promoting greater efficiency in 194
providing public and utility services, and encouraging innovation 195
in the planning and building of all types of development. Within 196
a planned-unit development, the township zoning regulations, 197
WHERE APPLICABLE, need not be uniform, but may vary in order to 198
accommodate unified development and to promote the public health, 199
safety, morals, and the other purposes of this section. If 200
standards are adopted for approval or disapproval of planned-unit 201
developments, no planned-unit development shall be approved 202
unless the plan for that development satisfies the standards of 203
approval established under this section. No approval of a 205
planned-unit development as being in compliance with the
standards of approval established under this section, if any, 206
shall be considered to be an amendment or supplement to the 208
township zoning resolution for the purpose of section 519.12 of 209
the Revised Code. 210
PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE TOWNSHIP 212
ZONING RESOLUTION UNDER ONE OF THE FOLLOWING PROCEDURES: 213
(A) THE BOARD OF TOWNSHIP TRUSTEES MAY ADOPT PLANNED-UNIT 215
DEVELOPMENT REGULATIONS THAT DO NOT AUTOMATICALLY APPLY TO ANY 216
PROPERTY IN THE TOWNSHIP, BUT ESTABLISH STANDARDS THAT WILL APPLY 217
TO PROPERTY THAT BECOMES PART OF A PLANNED-UNIT DEVELOPMENT AS 219
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PROVIDED IN THIS DIVISION. PROPERTY OWNERS WHO WISH TO HAVE 220
PLANNED-UNIT DEVELOPMENT REGULATIONS APPLY TO THEIR PROPERTY MAY 221
APPLY TO HAVE THE ZONING MAP AMENDED PURSUANT TO SECTION 519.12
OF THE REVISED CODE TO REZONE THEIR PROPERTY AS A PLANNED-UNIT 223
DEVELOPMENT AND NO LONGER SUBJECT TO ANY PREVIOUSLY APPLICABLE 224
ZONING REGULATIONS. ONCE PROPERTY HAS BEEN REZONED AS A
PLANNED-UNIT DEVELOPMENT, SUBSEQUENT DEVELOPMENT ON THAT PROPERTY 225
SHALL COMPLY WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS AS 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, ANY APPROVAL OR 229
DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A
PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS 230
ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE 231
CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING 232
RESOLUTION FOR THE PURPOSE OF SECTION 519.12 OF THE REVISED CODE, 233
BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED
CODE.
(B) UPON THE APPLICATION OF PROPERTY OWNERS, THE BOARD OF 235
TOWNSHIP TRUSTEES MAY ESTABLISH A PLANNED-UNIT DEVELOPMENT FOR 237
THEIR PROPERTY, DESIGNATING THE PROPERTY AS A PLANNED-UNIT 238
DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES 239
SET FORTH IN SECTION 519.12 OF THE REVISED CODE, AND
SIMULTANEOUSLY ADOPTING REGULATIONS AS PART OF THAT SAME 241
PROCEDURE THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT. 242
WITHIN THAT DEVELOPMENT, PROPERTY IS SUBJECT TO THE PLANNED-UNIT 243
DEVELOPMENT REGULATIONS AND NOT TO ANY OTHER ZONING REGULATIONS. 244
COMPLIANCE WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS SHALL BE 245
DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING 246
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 247
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP AND THE
SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY TO THAT 248
PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF 249
SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT 250
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DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED
AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN 251
AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING RESOLUTION FOR THE 252
PURPOSE OF SECTION 519.12 OF THE REVISED CODE, BUT MAY BE 253
APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED CODE.
(C) PURSUANT TO SECTION 519.12 OF THE REVISED CODE, THE 257
BOARD OF TOWNSHIP TRUSTEES MAY ADOPT PLANNED-UNIT DEVELOPMENT 258
REGULATIONS AND AMEND THE ZONING MAP TO REZONE PROPERTY AS 259
PLANNED-UNIT DEVELOPMENTS. ANY OTHER ZONING REGULATIONS AND 260
ZONING DISTRICT THAT EXIST AT THE TIME A PLANNED-UNIT DEVELOPMENT 262
DISTRICT IS ESTABLISHED UNDER THIS DIVISION CONTINUE TO APPLY 263
WITHIN THE PLANNED-UNIT DEVELOPMENT DISTRICT UNLESS THE BOARD OR 265
THE TOWNSHIP ZONING COMMISSION APPROVES AN APPLICATION OF AN 266
OWNER OF PROPERTY WITHIN THE DISTRICT TO SUBJECT THE OWNER'S
PROPERTY TO PLANNED-UNIT DEVELOPMENT REGULATIONS UNDER THIS 268
DIVISION. SUCH AN APPLICATION SHALL BE MADE IN ACCORDANCE WITH 269
THE PLANNED-UNIT DEVELOPMENT REGULATIONS AND SHALL INCLUDE A 270
DEVELOPMENT PLAN THAT COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 271
REGULATIONS. UPON RECEIVING SUCH AN APPLICATION, THE BOARD OF 272
TOWNSHIP TRUSTEES OR TOWNSHIP ZONING COMMISSION, AS APPLICABLE, 273
SHALL DETERMINE WHETHER THE APPLICATION AND PLAN COMPLY WITH THE 274
PLANNED-UNIT DEVELOPMENT REGULATIONS. THE BOARD OR COMMISSION'S 275
DETERMINATION SHALL NOT BE CONSIDERED TO BE AN AMENDMENT TO A 277
TOWNSHIP ZONING RESOLUTION FOR PURPOSES OF SECTION 519.12 OF THE 278
REVISED CODE, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. OF 281
THE REVISED CODE. IF THE BOARD OR COMMISSION MAKES A FINAL 283
DETERMINATION THAT THE PLAN INCLUDED IN THE APPLICATION COMPLIES 284
WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS OR, IF THE BOARD OR 285
COMMISSION'S FINAL DETERMINATION IS ONE OF NONCOMPLIANCE THEN IF 286
A COURT OF COMPETENT JURISDICTION MAKES A FINAL NONAPPEALABLE 287
ORDER FINDING COMPLIANCE, THE BOARD OR COMMISSION, AS APPLICABLE, 289
SHALL APPROVE THE APPLICATION AND UPON APPROVAL SHALL CAUSE THE
ZONING MAP TO BE CHANGED SO THAT ANY OTHER ZONING DISTRICT THAT 292
APPLIED TO THE PROPERTY THAT IS THE SUBJECT OF THE OWNER'S 293
8
APPLICATION NO LONGER APPLIES TO THAT PROPERTY. THE REMOVAL OF 294
THE PRIOR ZONING DISTRICT FROM THE ZONING MAP IS A MINISTERIAL 295
ACT AND SHALL NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT 296
TO A TOWNSHIP ZONING RESOLUTION FOR THE PURPOSES OF SECTION
519.12 OF THE REVISED CODE AND MAY NOT BE APPEALED PURSUANT TO 299
CHAPTER 2506. OF THE REVISED CODE. 301
NOTHING IN THIS SECTION PREVENTS A BOARD OF TOWNSHIP 304
TRUSTEES FROM AUTHORIZING A PLANNED-UNIT DEVELOPMENT AS A
CONDITIONAL USE IN THE ZONING RESOLUTION PURSUANT TO SECTION 305
519.14 OF THE REVISED CODE.
As used in this section, "planned-unit development" means a 307
development which is planned to integrate residential, 308
commercial, industrial, or any other use. 309
Section 2. That existing sections 303.022 and 519.021 of 311
the Revised Code are hereby repealed. 312