As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
122nd General Assembly 5
Regular Session Am. Sub. H. B. No. 280 6
1997-1998 7
REPRESENTATIVES SCHULER-GARCIA-KREBS-WINKLER-O'BRIEN-OPFER- 9
MOTTLEY-CATES-LOGAN-TERWILLEGER-LUEBBERS-GRENDELL-REID-LEWIS- 10
BRITTON-LAWRENCE-OGG-PADGETT-ROBERTS-OLMAN- 11
SENATORS BLESSING-SCHAFRATH-LATELL-GARDNER 12
13
A B I L L
To amend sections 303.022 and 519.021 of the Revised 15
Code to permit the establishment of planned-unit 16
developments in county and township zoning codes 17
under which property owners may elect to have 18
either the planned-unit development regulations 19
or regular underlying zoning regulations apply 20
to their property. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 303.022 and 519.021 of the 25
Revised Code be amended to read as follows: 26
Sec. 303.022. A county zoning resolution or amendment 35
adopted in accordance with this chapter may establish or modify 36
planned-unit development regulations, which DEVELOPMENTS. 37
PLANNED-UNIT DEVELOPMENT regulations shall only apply to property 39
ONLY at the election of the property owner and which regulations 40
may SHALL include standards to be used by the board of county 42
commissioners or, if the board so chooses, by the county zoning 43
commission, in determining whether to approve or disapprove any 44
PROPOSED DEVELOPMENT WITHIN A planned-unit development. The 45
regulations PLANNED-UNIT DEVELOPMENT shall further the purpose of 46
promoting the general public welfare, encouraging the efficient 47
use of land and resources, promoting greater efficiency in 48
2
providing public and utility services, and encouraging innovation 49
in the planning and building of all types of development. Within 50
a planned-unit development, the county zoning REGULATIONS, WHERE 51
APPLICABLE, subdivision REGULATIONS, and platting regulations 52
need not be uniform, but may vary in order to accommodate unified 53
development and to promote the public health, safety, and morals, 54
and the other purposes of this section. County 55
PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE COUNTY 58
ZONING RESOLUTION UNDER ONE OF THE FOLLOWING PROCEDURES: 59
(A) THE BOARD OF COUNTY COMMISSIONERS MAY ADOPT 61
PLANNED-UNIT DEVELOPMENT REGULATIONS THAT DO NOT AUTOMATICALLY 62
APPLY TO ANY PROPERTY IN THE COUNTY, BUT ESTABLISH STANDARDS THAT 63
WILL APPLY TO PROPERTY THAT BECOMES PART OF A PLANNED-UNIT 64
DEVELOPMENT AS PROVIDED IN THIS DIVISION. PROPERTY OWNERS WHO 65
WISH TO HAVE PLANNED-UNIT DEVELOPMENT REGULATIONS APPLY TO THEIR
PROPERTY MAY APPLY TO HAVE THE ZONING MAP AMENDED PURSUANT TO 66
SECTION 303.12 OF THE REVISED CODE TO REZONE THEIR PROPERTY AS A 68
PLANNED-UNIT DEVELOPMENT AND NO LONGER SUBJECT TO ANY PREVIOUSLY 69
APPLICABLE ZONING REGULATIONS. ONCE PROPERTY HAS BEEN REZONED AS
A PLANNED-UNIT DEVELOPMENT, SUBSEQUENT DEVELOPMENT ON THAT 70
PROPERTY SHALL COMPLY WITH THE PLANNED-UNIT DEVELOPMENT 71
REGULATIONS AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OR 72
COUNTY ZONING COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION 73
OF THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, 74
ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF 75
PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE 76
WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL 77
NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A COUNTY 78
ZONING RESOLUTION FOR THE PURPOSE OF SECTION 303.12 OF THE 79
REVISED CODE, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. OF 80
THE REVISED CODE.
(B) UPON THE APPLICATION OF PROPERTY OWNERS, THE BOARD OF 82
COUNTY COMMISSIONERS MAY ESTABLISH A PLANNED-UNIT DEVELOPMENT FOR 83
THEIR PROPERTY, DESIGNATING THE PROPERTY AS A PLANNED-UNIT 84
3
DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES 85
SET FORTH IN SECTION 303.12 OF THE REVISED CODE, AND
SIMULTANEOUSLY ADOPTING REGULATIONS AS PART OF THAT SAME 87
PROCEDURE THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT. 88
WITHIN THAT DEVELOPMENT, PROPERTY IS SUBJECT TO THE PLANNED-UNIT 89
DEVELOPMENT REGULATIONS AND NOT TO ANY OTHER ZONING REGULATIONS. 90
COMPLIANCE WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS SHALL BE 91
DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OR COUNTY ZONING 92
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 93
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP AND THE 94
SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY TO THAT 95
PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF 96
SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT 97
DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED 98
AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN 99
AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING RESOLUTION FOR THE 100
PURPOSE OF SECTION 303.12 OF THE REVISED CODE, BUT MAY BE
APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED CODE. 102
(C) PURSUANT TO SECTION 303.12 OF THE REVISED CODE, THE 106
BOARD OF COUNTY COMMISSIONERS MAY ADOPT PLANNED-UNIT DEVELOPMENT 107
REGULATIONS AND AMEND THE ZONING MAP TO REZONE PROPERTY AS 108
PLANNED-UNIT DEVELOPMENTS. ANY OTHER ZONING REGULATIONS AND 109
ZONING DISTRICT THAT EXIST AT THE TIME A PLANNED-UNIT DEVELOPMENT 111
DISTRICT IS ESTABLISHED UNDER THIS DIVISION CONTINUE TO APPLY 112
WITHIN THE PLANNED-UNIT DEVELOPMENT DISTRICT UNLESS THE BOARD OR 114
THE COUNTY ZONING COMMISSION APPROVES AN APPLICATION OF AN OWNER 115
OF PROPERTY WITHIN THE DISTRICT TO SUBJECT THE OWNER'S PROPERTY
TO PLANNED-UNIT DEVELOPMENT REGULATIONS UNDER THIS DIVISION. 116
SUCH AN APPLICATION SHALL BE MADE IN ACCORDANCE WITH THE 117
PLANNED-UNIT DEVELOPMENT REGULATIONS AND SHALL INCLUDE A 118
DEVELOPMENT PLAN THAT COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 119
REGULATIONS. UPON RECEIVING SUCH AN APPLICATION, THE BOARD OF 120
COUNTY COMMISSIONERS OR COUNTY ZONING COMMISSION, AS APPLICABLE, 122
SHALL DETERMINE WHETHER THE APPLICATION AND PLAN COMPLY WITH THE 123
4
PLANNED-UNIT DEVELOPMENT REGULATIONS. THE BOARD'S OR 124
COMMISSION'S DETERMINATION SHALL NOT BE CONSIDERED TO BE AN 127
AMENDMENT TO A COUNTY ZONING RESOLUTION FOR PURPOSES OF SECTION 128
303.12 OF THE REVISED CODE, BUT MAY BE APPEALED PURSUANT TO 131
CHAPTER 2506. OF THE REVISED CODE. IF THE BOARD OR COMMISSION 133
MAKES A FINAL DETERMINATION THAT THE PLAN INCLUDED IN THE 134
APPLICATION COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 135
REGULATIONS OR, IF THE BOARD'S OR COMMISSION'S FINAL
DETERMINATION IS ONE OF NONCOMPLIANCE THEN IF A COURT OF 136
COMPETENT JURISDICTION ISSUES A FINAL NONAPPEALABLE ORDER FINDING 137
COMPLIANCE, THE BOARD OR COMMISSION, AS APPLICABLE, SHALL APPROVE 139
THE APPLICATION AND UPON APPROVAL SHALL CAUSE THE ZONING MAP TO 140
BE CHANGED SO THAT ANY OTHER ZONING DISTRICT THAT APPLIED TO THE 142
PROPERTY THAT IS THE SUBJECT OF THE OWNER'S APPLICATION NO LONGER 143
APPLIES TO THAT PROPERTY. THE REMOVAL OF THE PRIOR ZONING 144
DISTRICT FROM THE ZONING MAP IS A MINISTERIAL ACT AND SHALL NOT 145
BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING 146
RESOLUTION FOR THE PURPOSES OF SECTION 303.12 OF THE REVISED CODE 149
AND MAY NOT BE APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED 151
CODE. 152
COUNTY regulations adopted pursuant to this section may 155
require developers to obtain conditional or final certification 156
of compliance with county zoning, subdivision, or platting 157
regulations at specified stages of development. If standards are 158
adopted for approval or disapproval of planned-unit developments, 159
no planned-unit development shall be approved unless the plan for 160
that development satisfies the standards of approval established 161
under this section. No approval of a planned-unit development as 162
being in compliance with the standards of approval established 164
under this section, if any, shall be considered to be an 165
amendment or supplement to the county zoning resolution for the 166
purpose of section 303.12 of the Revised Code. 167
NOTHING IN THIS SECTION PREVENTS A BOARD OF COUNTY 169
COMMISSIONERS FROM AUTHORIZING A PLANNED-UNIT DEVELOPMENT AS A 170
5
CONDITIONAL USE IN THE ZONING RESOLUTION PURSUANT TO SECTION 171
303.14 OF THE REVISED CODE.
As used in this section, "planned-unit development" means a 173
development which is planned to integrate residential, 174
commercial, industrial, or any other use. 175
Sec. 519.021. A township zoning resolution or amendment 184
adopted in accordance with this chapter may establish or modify 185
planned-unit development regulations, which DEVELOPMENTS. 186
PLANNED-UNIT DEVELOPMENT regulations shall only apply to property 188
ONLY at the election of the property owner and which regulations 189
may SHALL include standards to be used by the board of township 190
trustees or, if the board so chooses, by the township zoning 192
commission, in determining whether to approve or disapprove any 193
PROPOSED DEVELOPMENT WITHIN A planned-unit development. The 194
regulations PLANNED-UNIT DEVELOPMENT shall further the purpose of 195
promoting the general public welfare, encouraging the efficient 196
use of land and resources, promoting greater efficiency in 197
providing public and utility services, and encouraging innovation 198
in the planning and building of all types of development. Within 199
a planned-unit development, the township zoning regulations, 200
WHERE APPLICABLE, need not be uniform, but may vary in order to 201
accommodate unified development and to promote the public health, 202
safety, morals, and the other purposes of this section. If 203
standards are adopted for approval or disapproval of planned-unit 204
developments, no planned-unit development shall be approved 205
unless the plan for that development satisfies the standards of 206
approval established under this section. No approval of a 208
planned-unit development as being in compliance with the
standards of approval established under this section, if any, 209
shall be considered to be an amendment or supplement to the 211
township zoning resolution for the purpose of section 519.12 of 212
the Revised Code. 213
PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE TOWNSHIP 215
ZONING RESOLUTION UNDER ONE OF THE FOLLOWING PROCEDURES: 216
6
(A) THE BOARD OF TOWNSHIP TRUSTEES MAY ADOPT PLANNED-UNIT 218
DEVELOPMENT REGULATIONS THAT DO NOT AUTOMATICALLY APPLY TO ANY 219
PROPERTY IN THE TOWNSHIP, BUT ESTABLISH STANDARDS THAT WILL APPLY 220
TO PROPERTY THAT BECOMES PART OF A PLANNED-UNIT DEVELOPMENT AS 222
PROVIDED IN THIS DIVISION. PROPERTY OWNERS WHO WISH TO HAVE 223
PLANNED-UNIT DEVELOPMENT REGULATIONS APPLY TO THEIR PROPERTY MAY 224
APPLY TO HAVE THE ZONING MAP AMENDED PURSUANT TO SECTION 519.12
OF THE REVISED CODE TO REZONE THEIR PROPERTY AS A PLANNED-UNIT 226
DEVELOPMENT AND NO LONGER SUBJECT TO ANY PREVIOUSLY APPLICABLE 227
ZONING REGULATIONS. ONCE PROPERTY HAS BEEN REZONED AS A
PLANNED-UNIT DEVELOPMENT, SUBSEQUENT DEVELOPMENT ON THAT PROPERTY 228
SHALL COMPLY WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS AS 229
DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING 230
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 231
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, ANY APPROVAL OR 232
DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A
PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS 233
ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE 234
CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING 235
RESOLUTION FOR THE PURPOSE OF SECTION 519.12 OF THE REVISED CODE, 236
BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED
CODE.
(B) UPON THE APPLICATION OF PROPERTY OWNERS, THE BOARD OF 238
TOWNSHIP TRUSTEES MAY ESTABLISH A PLANNED-UNIT DEVELOPMENT FOR 240
THEIR PROPERTY, DESIGNATING THE PROPERTY AS A PLANNED-UNIT 241
DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES 242
SET FORTH IN SECTION 519.12 OF THE REVISED CODE, AND
SIMULTANEOUSLY ADOPTING REGULATIONS AS PART OF THAT SAME 244
PROCEDURE THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT. 245
WITHIN THAT DEVELOPMENT, PROPERTY IS SUBJECT TO THE PLANNED-UNIT 246
DEVELOPMENT REGULATIONS AND NOT TO ANY OTHER ZONING REGULATIONS. 247
COMPLIANCE WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS SHALL BE 248
DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING 249
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 250
7
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP AND THE
SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY TO THAT 251
PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF 252
SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT 253
DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED
AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN 254
AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING RESOLUTION FOR THE 255
PURPOSE OF SECTION 519.12 OF THE REVISED CODE, BUT MAY BE 256
APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED CODE.
(C) PURSUANT TO SECTION 519.12 OF THE REVISED CODE, THE 260
BOARD OF TOWNSHIP TRUSTEES MAY ADOPT PLANNED-UNIT DEVELOPMENT 261
REGULATIONS AND AMEND THE ZONING MAP TO REZONE PROPERTY AS 262
PLANNED-UNIT DEVELOPMENTS. ANY OTHER ZONING REGULATIONS AND 263
ZONING DISTRICT THAT EXIST AT THE TIME A PLANNED-UNIT DEVELOPMENT 265
DISTRICT IS ESTABLISHED UNDER THIS DIVISION CONTINUE TO APPLY 266
WITHIN THE PLANNED-UNIT DEVELOPMENT DISTRICT UNLESS THE BOARD OR 268
THE TOWNSHIP ZONING COMMISSION APPROVES AN APPLICATION OF AN 269
OWNER OF PROPERTY WITHIN THE DISTRICT TO SUBJECT THE OWNER'S
PROPERTY TO PLANNED-UNIT DEVELOPMENT REGULATIONS UNDER THIS 271
DIVISION. SUCH AN APPLICATION SHALL BE MADE IN ACCORDANCE WITH 272
THE PLANNED-UNIT DEVELOPMENT REGULATIONS AND SHALL INCLUDE A 273
DEVELOPMENT PLAN THAT COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 274
REGULATIONS. UPON RECEIVING SUCH AN APPLICATION, THE BOARD OF 275
TOWNSHIP TRUSTEES OR TOWNSHIP ZONING COMMISSION, AS APPLICABLE, 276
SHALL DETERMINE WHETHER THE APPLICATION AND PLAN COMPLY WITH THE 277
PLANNED-UNIT DEVELOPMENT REGULATIONS. THE BOARD'S OR 278
COMMISSION'S DETERMINATION SHALL NOT BE CONSIDERED TO BE AN 281
AMENDMENT TO A TOWNSHIP ZONING RESOLUTION FOR PURPOSES OF SECTION 282
519.12 OF THE REVISED CODE, BUT MAY BE APPEALED PURSUANT TO 285
CHAPTER 2506. OF THE REVISED CODE. IF THE BOARD OR COMMISSION 287
MAKES A FINAL DETERMINATION THAT THE PLAN INCLUDED IN THE 288
APPLICATION COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 289
REGULATIONS OR, IF THE BOARD'S OR COMMISSION'S FINAL
DETERMINATION IS ONE OF NONCOMPLIANCE THEN IF A COURT OF 290
8
COMPETENT JURISDICTION MAKES A FINAL NONAPPEALABLE ORDER FINDING 291
COMPLIANCE, THE BOARD OR COMMISSION, AS APPLICABLE, SHALL APPROVE 293
THE APPLICATION AND UPON APPROVAL SHALL CAUSE THE ZONING MAP TO 294
BE CHANGED SO THAT ANY OTHER ZONING DISTRICT THAT APPLIED TO THE 296
PROPERTY THAT IS THE SUBJECT OF THE OWNER'S APPLICATION NO LONGER 297
APPLIES TO THAT PROPERTY. THE REMOVAL OF THE PRIOR ZONING 298
DISTRICT FROM THE ZONING MAP IS A MINISTERIAL ACT AND SHALL NOT 299
BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A TOWNSHIP 300
ZONING RESOLUTION FOR THE PURPOSES OF SECTION 519.12 OF THE 301
REVISED CODE AND MAY NOT BE APPEALED PURSUANT TO CHAPTER 2506. OF 303
THE REVISED CODE. 305
NOTHING IN THIS SECTION PREVENTS A BOARD OF TOWNSHIP 308
TRUSTEES FROM AUTHORIZING A PLANNED-UNIT DEVELOPMENT AS A
CONDITIONAL USE IN THE ZONING RESOLUTION PURSUANT TO SECTION 309
519.14 OF THE REVISED CODE.
As used in this section, "planned-unit development" means a 311
development which is planned to integrate residential, 312
commercial, industrial, or any other use. 313
Section 2. That existing sections 303.022 and 519.021 of 315
the Revised Code are hereby repealed. 316