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