As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 280 5
1997-1998 6
REPRESENTATIVES SCHULER-GARCIA-KREBS-WINKLER-O'BRIEN-OPFER- 8
MOTTLEY-CATES-LOGAN-TERWILLEGER-LUEBBERS-GRENDELL-REID-LEWIS- 9
BRITTON-LAWRENCE-OGG-PADGETT-ROBERTS-OLMAN- 10
SENATORS BLESSING-SCHAFRATH-LATELL-GARDNER-FINAN 11
12
A B I L L
To amend sections 303.022 and 519.021 of the Revised 14
Code to permit the establishment of planned-unit 15
developments in county and township zoning codes 16
under which property owners may elect to have 17
either the planned-unit development regulations 18
or regular underlying zoning regulations apply 19
to their property. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 303.022 and 519.021 of the 24
Revised Code be amended to read as follows: 25
Sec. 303.022. A county zoning resolution or amendment 34
adopted in accordance with this chapter may establish or modify 35
planned-unit development regulations, which DEVELOPMENTS. 36
PLANNED-UNIT DEVELOPMENT regulations shall only apply to property 38
ONLY at the election of the property owner and which regulations 39
may SHALL include standards to be used by the board of county 41
commissioners or, if the board so chooses, by the county zoning 42
commission, in determining whether to approve or disapprove any 43
PROPOSED DEVELOPMENT WITHIN A planned-unit development. The 44
regulations PLANNED-UNIT DEVELOPMENT shall further the purpose of 45
promoting the general public welfare, encouraging the efficient 46
use of land and resources, promoting greater efficiency in 47
providing public and utility services, and encouraging innovation 48
2
in the planning and building of all types of development. Within 49
a planned-unit development, the county zoning REGULATIONS, WHERE 50
APPLICABLE, subdivision REGULATIONS, and platting regulations 51
need not be uniform, but may vary in order to accommodate unified 52
development and to promote the public health, safety, and morals, 53
and the other purposes of this section. County 54
PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE COUNTY 57
ZONING RESOLUTION UNDER ONE OF THE FOLLOWING PROCEDURES: 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
3
SET FORTH IN SECTION 303.12 OF THE REVISED CODE, AND
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) PURSUANT TO SECTION 303.12 OF THE REVISED CODE, THE 105
BOARD OF COUNTY COMMISSIONERS MAY ADOPT PLANNED-UNIT DEVELOPMENT 106
REGULATIONS AND AMEND THE ZONING MAP TO REZONE PROPERTY AS 107
PLANNED-UNIT DEVELOPMENTS. ANY OTHER ZONING REGULATIONS AND 108
ZONING DISTRICT THAT EXIST AT THE TIME A PLANNED-UNIT DEVELOPMENT 110
DISTRICT IS ESTABLISHED UNDER THIS DIVISION CONTINUE TO APPLY 111
WITHIN THE PLANNED-UNIT DEVELOPMENT DISTRICT UNLESS THE BOARD OR 113
THE COUNTY ZONING COMMISSION APPROVES AN APPLICATION OF AN OWNER 114
OF PROPERTY WITHIN THE DISTRICT TO SUBJECT THE OWNER'S PROPERTY
TO PLANNED-UNIT DEVELOPMENT REGULATIONS UNDER THIS DIVISION. 115
SUCH AN APPLICATION SHALL BE MADE IN ACCORDANCE WITH THE 116
PLANNED-UNIT DEVELOPMENT REGULATIONS AND SHALL INCLUDE A 117
DEVELOPMENT PLAN THAT COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 118
REGULATIONS. UPON RECEIVING SUCH AN APPLICATION, THE BOARD OF 119
COUNTY COMMISSIONERS OR COUNTY ZONING COMMISSION, AS APPLICABLE, 121
SHALL DETERMINE WHETHER THE APPLICATION AND PLAN COMPLY WITH THE 122
PLANNED-UNIT DEVELOPMENT REGULATIONS. THE BOARD'S OR 123
4
COMMISSION'S DETERMINATION SHALL NOT BE CONSIDERED TO BE AN 126
AMENDMENT TO A COUNTY ZONING RESOLUTION FOR PURPOSES OF SECTION 127
303.12 OF THE REVISED CODE, BUT MAY BE APPEALED PURSUANT TO 130
CHAPTER 2506. OF THE REVISED CODE. IF THE BOARD OR COMMISSION 132
MAKES A FINAL DETERMINATION THAT THE PLAN INCLUDED IN THE 133
APPLICATION COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 134
REGULATIONS OR, IF THE BOARD'S OR COMMISSION'S FINAL
DETERMINATION IS ONE OF NONCOMPLIANCE THEN IF A COURT OF 135
COMPETENT JURISDICTION ISSUES A FINAL NONAPPEALABLE ORDER FINDING 136
COMPLIANCE, THE BOARD OR COMMISSION, AS APPLICABLE, SHALL APPROVE 138
THE APPLICATION AND UPON APPROVAL SHALL CAUSE THE ZONING MAP TO 139
BE CHANGED SO THAT ANY OTHER ZONING DISTRICT THAT APPLIED TO THE 141
PROPERTY THAT IS THE SUBJECT OF THE OWNER'S APPLICATION NO LONGER 142
APPLIES TO THAT PROPERTY. THE REMOVAL OF THE PRIOR ZONING 143
DISTRICT FROM THE ZONING MAP IS A MINISTERIAL ACT AND SHALL NOT 144
BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING 145
RESOLUTION FOR THE PURPOSES OF SECTION 303.12 OF THE REVISED CODE 148
AND MAY NOT BE APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED 150
CODE. 151
COUNTY regulations adopted pursuant to this section may 154
require developers to obtain conditional or final certification 155
of compliance with county zoning, subdivision, or platting 156
regulations at specified stages of development. If standards are 157
adopted for approval or disapproval of planned-unit developments, 158
no planned-unit development shall be approved unless the plan for 159
that development satisfies the standards of approval established 160
under this section. No approval of a planned-unit development as 161
being in compliance with the standards of approval established 163
under this section, if any, shall be considered to be an 164
amendment or supplement to the county zoning resolution for the 165
purpose of section 303.12 of the Revised Code. 166
NOTHING IN THIS SECTION PREVENTS A BOARD OF COUNTY 168
COMMISSIONERS FROM AUTHORIZING A PLANNED-UNIT DEVELOPMENT AS A 169
CONDITIONAL USE IN THE ZONING RESOLUTION PURSUANT TO SECTION 170
5
303.14 OF THE REVISED CODE.
As used in this section, "planned-unit development" means a 172
development which is planned to integrate residential, 173
commercial, industrial, or any other use. 174
Sec. 519.021. A township zoning resolution or amendment 183
adopted in accordance with this chapter may establish or modify 184
planned-unit development regulations, which DEVELOPMENTS. 185
PLANNED-UNIT DEVELOPMENT regulations shall only apply to property 187
ONLY at the election of the property owner and which regulations 188
may SHALL include standards to be used by the board of township 189
trustees or, if the board so chooses, by the township zoning 191
commission, in determining whether to approve or disapprove any 192
PROPOSED DEVELOPMENT WITHIN A planned-unit development. The 193
regulations PLANNED-UNIT DEVELOPMENT shall further the purpose of 194
promoting the general public welfare, encouraging the efficient 195
use of land and resources, promoting greater efficiency in 196
providing public and utility services, and encouraging innovation 197
in the planning and building of all types of development. Within 198
a planned-unit development, the township zoning regulations, 199
WHERE APPLICABLE, need not be uniform, but may vary in order to 200
accommodate unified development and to promote the public health, 201
safety, morals, and the other purposes of this section. If 202
standards are adopted for approval or disapproval of planned-unit 203
developments, no planned-unit development shall be approved 204
unless the plan for that development satisfies the standards of 205
approval established under this section. No approval of a 207
planned-unit development as being in compliance with the
standards of approval established under this section, if any, 208
shall be considered to be an amendment or supplement to the 210
township zoning resolution for the purpose of section 519.12 of 211
the Revised Code. 212
PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE TOWNSHIP 214
ZONING RESOLUTION UNDER ONE OF THE FOLLOWING PROCEDURES: 215
(A) THE BOARD OF TOWNSHIP TRUSTEES MAY ADOPT PLANNED-UNIT 217
6
DEVELOPMENT REGULATIONS THAT DO NOT AUTOMATICALLY APPLY TO ANY 218
PROPERTY IN THE TOWNSHIP, BUT ESTABLISH STANDARDS THAT WILL APPLY 219
TO PROPERTY THAT BECOMES PART OF A PLANNED-UNIT DEVELOPMENT AS 221
PROVIDED IN THIS DIVISION. PROPERTY OWNERS WHO WISH TO HAVE 222
PLANNED-UNIT DEVELOPMENT REGULATIONS APPLY TO THEIR PROPERTY MAY 223
APPLY TO HAVE THE ZONING MAP AMENDED PURSUANT TO SECTION 519.12
OF THE REVISED CODE TO REZONE THEIR PROPERTY AS A PLANNED-UNIT 225
DEVELOPMENT AND NO LONGER SUBJECT TO ANY PREVIOUSLY APPLICABLE 226
ZONING REGULATIONS. ONCE PROPERTY HAS BEEN REZONED AS A
PLANNED-UNIT DEVELOPMENT, SUBSEQUENT DEVELOPMENT ON THAT PROPERTY 227
SHALL COMPLY WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS AS 228
DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING 229
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 230
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, ANY APPROVAL OR 231
DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A
PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS 232
ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE 233
CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING 234
RESOLUTION FOR THE PURPOSE OF SECTION 519.12 OF THE REVISED CODE, 235
BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED
CODE.
(B) UPON THE APPLICATION OF PROPERTY OWNERS, THE BOARD OF 237
TOWNSHIP TRUSTEES MAY ESTABLISH A PLANNED-UNIT DEVELOPMENT FOR 239
THEIR PROPERTY, DESIGNATING THE PROPERTY AS A PLANNED-UNIT 240
DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES 241
SET FORTH IN SECTION 519.12 OF THE REVISED CODE, AND
SIMULTANEOUSLY ADOPTING REGULATIONS AS PART OF THAT SAME 243
PROCEDURE THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT. 244
WITHIN THAT DEVELOPMENT, PROPERTY IS SUBJECT TO THE PLANNED-UNIT 245
DEVELOPMENT REGULATIONS AND NOT TO ANY OTHER ZONING REGULATIONS. 246
COMPLIANCE WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS SHALL BE 247
DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING 248
COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY 249
AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP AND THE
7
SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY TO THAT 250
PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF 251
SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT 252
DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED
AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN 253
AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING RESOLUTION FOR THE 254
PURPOSE OF SECTION 519.12 OF THE REVISED CODE, BUT MAY BE 255
APPEALED PURSUANT TO CHAPTER 2506. OF THE REVISED CODE.
(C) PURSUANT TO SECTION 519.12 OF THE REVISED CODE, THE 259
BOARD OF TOWNSHIP TRUSTEES MAY ADOPT PLANNED-UNIT DEVELOPMENT 260
REGULATIONS AND AMEND THE ZONING MAP TO REZONE PROPERTY AS 261
PLANNED-UNIT DEVELOPMENTS. ANY OTHER ZONING REGULATIONS AND 262
ZONING DISTRICT THAT EXIST AT THE TIME A PLANNED-UNIT DEVELOPMENT 264
DISTRICT IS ESTABLISHED UNDER THIS DIVISION CONTINUE TO APPLY 265
WITHIN THE PLANNED-UNIT DEVELOPMENT DISTRICT UNLESS THE BOARD OR 267
THE TOWNSHIP ZONING COMMISSION APPROVES AN APPLICATION OF AN 268
OWNER OF PROPERTY WITHIN THE DISTRICT TO SUBJECT THE OWNER'S
PROPERTY TO PLANNED-UNIT DEVELOPMENT REGULATIONS UNDER THIS 270
DIVISION. SUCH AN APPLICATION SHALL BE MADE IN ACCORDANCE WITH 271
THE PLANNED-UNIT DEVELOPMENT REGULATIONS AND SHALL INCLUDE A 272
DEVELOPMENT PLAN THAT COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 273
REGULATIONS. UPON RECEIVING SUCH AN APPLICATION, THE BOARD OF 274
TOWNSHIP TRUSTEES OR TOWNSHIP ZONING COMMISSION, AS APPLICABLE, 275
SHALL DETERMINE WHETHER THE APPLICATION AND PLAN COMPLY WITH THE 276
PLANNED-UNIT DEVELOPMENT REGULATIONS. THE BOARD'S OR 277
COMMISSION'S DETERMINATION SHALL NOT BE CONSIDERED TO BE AN 280
AMENDMENT TO A TOWNSHIP ZONING RESOLUTION FOR PURPOSES OF SECTION 281
519.12 OF THE REVISED CODE, BUT MAY BE APPEALED PURSUANT TO 284
CHAPTER 2506. OF THE REVISED CODE. IF THE BOARD OR COMMISSION 286
MAKES A FINAL DETERMINATION THAT THE PLAN INCLUDED IN THE 287
APPLICATION COMPLIES WITH THE PLANNED-UNIT DEVELOPMENT 288
REGULATIONS OR, IF THE BOARD'S OR COMMISSION'S FINAL
DETERMINATION IS ONE OF NONCOMPLIANCE THEN IF A COURT OF 289
COMPETENT JURISDICTION MAKES A FINAL NONAPPEALABLE ORDER FINDING 290
8
COMPLIANCE, THE BOARD OR COMMISSION, AS APPLICABLE, SHALL APPROVE 292
THE APPLICATION AND UPON APPROVAL SHALL CAUSE THE ZONING MAP TO 293
BE CHANGED SO THAT ANY OTHER ZONING DISTRICT THAT APPLIED TO THE 295
PROPERTY THAT IS THE SUBJECT OF THE OWNER'S APPLICATION NO LONGER 296
APPLIES TO THAT PROPERTY. THE REMOVAL OF THE PRIOR ZONING 297
DISTRICT FROM THE ZONING MAP IS A MINISTERIAL ACT AND SHALL NOT 298
BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A TOWNSHIP 299
ZONING RESOLUTION FOR THE PURPOSES OF SECTION 519.12 OF THE 300
REVISED CODE AND MAY NOT BE APPEALED PURSUANT TO CHAPTER 2506. OF 302
THE REVISED CODE. 304
NOTHING IN THIS SECTION PREVENTS A BOARD OF TOWNSHIP 307
TRUSTEES FROM AUTHORIZING A PLANNED-UNIT DEVELOPMENT AS A
CONDITIONAL USE IN THE ZONING RESOLUTION PURSUANT TO SECTION 308
519.14 OF THE REVISED CODE.
As used in this section, "planned-unit development" means a 310
development which is planned to integrate residential, 311
commercial, industrial, or any other use. 312
Section 2. That existing sections 303.022 and 519.021 of 314
the Revised Code are hereby repealed. 315