To amend sections 303.022 and 519.021 of the Revised Code to permit the establishment of planned-unit developments in county and township zoning codes under which property owners may elect to have either the planned-unit development regulations or regular underlying zoning regulations apply to their property.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 303.022. A county zoning resolution or amendment adopted in accordance with this chapter may establish or modify planned-unit development regulations, which DEVELOPMENTS. PLANNED-UNIT DEVELOPMENT regulations AS PROVIDED FOR IN THIS SECTION shall only apply to property ONLY at the election of the property owner and which regulations may SHALL include standards to be used by the board of county commissioners or, if the board so chooses, by the county zoning commission, in determining whether to approve or disapprove any PROPOSED DEVELOPMENT WITHIN A planned-unit development. The regulations PLANNED-UNIT DEVELOPMENT shall further the purpose of promoting the general public welfare, encouraging the efficient use of land and resources, promoting greater efficiency in providing public and utility services, and encouraging innovation in the planning and building of all types of development. Within a planned-unit development, the county zoning REGULATIONS, WHERE APPLICABLE, subdivision REGULATIONS, and platting regulations need not be uniform, but may vary in order to accommodate unified development and to promote the public health, safety, and morals, and the other purposes of this section. County

PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE COUNTY ZONING RESOLUTION UNDER ONE OF THE FOLLOWING ARRANGEMENTS:

(A) THE BOARD OF COUNTY COMMISSIONERS MAY ADOPT PLANNED-UNIT DEVELOPMENT REGULATIONS THAT DO NOT AUTOMATICALLY APPLY TO ANY PROPERTY IN THE COUNTY, BUT ESTABLISH STANDARDS THAT WILL APPLY TO PROPERTY THAT BECOMES PART OF A PLANNED-UNIT DEVELOPMENT AS PROVIDED IN THIS DIVISION. PROPERTY OWNERS WHO WISH TO HAVE PLANNED-UNIT DEVELOPMENT REGULATIONS APPLY TO THEIR PROPERTY MAY APPLY TO HAVE THE ZONING MAP AMENDED PURSUANT TO SECTION 303.12 of the Revised Code TO REZONE THEIR PROPERTY AS A PLANNED-UNIT DEVELOPMENT AND NO LONGER SUBJECT TO ANY PREVIOUSLY APPLICABLE ZONING REGULATIONS. ONCE PROPERTY HAS BEEN REZONED AS A PLANNED-UNIT DEVELOPMENT, SUBSEQUENT DEVELOPMENT ON THAT PROPERTY SHALL COMPLY WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OR COUNTY ZONING COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING RESOLUTION FOR THE PURPOSE OF SECTION 303.12 of the Revised Code, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. of the Revised Code.

(B) UPON THE APPLICATION OF PROPERTY OWNERS, THE BOARD OF COUNTY COMMISSIONERS MAY ESTABLISH A PLANNED-UNIT DEVELOPMENT FOR THEIR PROPERTY, DESIGNATING THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 303.12 of the Revised Code, AND SIMULTANEOUSLY ADOPTING REGULATIONS AS PART OF THAT SAME PROCEDURE THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT. WITHIN THAT DEVELOPMENT, PROPERTY IS SUBJECT TO THE PLANNED-UNIT DEVELOPMENT REGULATIONS AND NOT TO ANY OTHER ZONING REGULATIONS. COMPLIANCE WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS SHALL BE DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OR COUNTY ZONING COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP AND THE SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING RESOLUTION FOR THE PURPOSE OF SECTION 303.12 of the Revised Code, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. of the Revised Code.

(C) THE BOARD OF COUNTY COMMISSIONERS MAY DESIGNATE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 303.12 of the Revised Code, AND SIMULTANEOUSLY ADOPT REGULATIONS AS PART OF THAT SAME PROCEDURE THAT APPLY IN THAT PLANNED-UNIT DEVELOPMENT TO THE EXTENT THEY ARE MADE APPLICABLE TO PARTICULAR PARCELS BY PARCEL OWNERS UNDER THIS DIVISION. ANY OTHER ZONING REGULATIONS THAT EXIST IN THE DESIGNATED PROPERTY CONTINUE TO APPLY TO THAT PROPERTY UNLESS THE OWNER OF ANY PARCEL OF THAT PROPERTY SUBMITS TO THE BOARD OF COUNTY COMMISSIONERS OR COUNTY ZONING COMMISSION, AS APPROPRIATE, A WRITTEN STATEMENT ELECTING TO SUBJECT THAT PARCEL EXCLUSIVELY TO THE PLANNED-UNIT DEVELOPMENT REGULATIONS DURING A SPECIFIED, DISTINCT STAGE IN THE DEVELOPMENT OF THE PARCEL. AT THE CONCLUSION OF THAT STAGE, THE PARCEL BECOMES SUBJECT AGAIN TO ANY ZONING REGULATIONS THAT APPLY IN THE DESIGNATED PROPERTY AND REMAINS SO UNLESS THE PARCEL OWNER AGAIN MAKES THE ELECTION DESCRIBED IN THIS DIVISION. COMPLIANCE WITH THE REGULATIONS REQUIRED BY THIS DIVISION SHALL BE DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OR THE COUNTY ZONING COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, AND THE SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY AT THE ELECTION OF THE PROPERTY OWNER TO A PARTICULAR PROPERTY IN THAT PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING RESOLUTION FOR THE PURPOSE OF SECTION 303.12 of the Revised Code, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. of the Revised Code. ANY PLANNED-UNIT DEVELOPMENT REGULATIONS ADOPTED UNDER THIS DIVISION SHALL ENSURE THAT THE PURPOSES OF THE UNDERLYING ZONING REGULATIONS ARE NOT UNDERMINED.

COUNTY regulations adopted pursuant to this section may require developers to obtain conditional or final certification of compliance with county zoning, subdivision, or platting regulations at specified stages of development. If standards are adopted for approval or disapproval of planned-unit developments, no planned-unit development shall be approved unless the plan for that development satisfies the standards of approval established under this section. No approval of a planned-unit development as being in compliance with the standards of approval established under this section, if any, shall be considered to be an amendment or supplement to the county zoning resolution for the purpose of section 303.12 of the Revised Code.

As used in this section, "planned-unit development" means a development which is planned to integrate residential, commercial, industrial, or any other use.

Sec. 519.021. A township zoning resolution or amendment adopted in accordance with this chapter may establish or modify planned-unit development regulations, which DEVELOPMENTS. PLANNED-UNIT DEVELOPMENT regulations AS PROVIDED FOR IN THIS SECTION shall only apply to property ONLY at the election of the property owner and which regulations may SHALL include standards to be used by the board of township trustees or, if the board so chooses, by the township zoning commission, in determining whether to approve or disapprove any PROPOSED DEVELOPMENT WITHIN A planned-unit development. The regulations PLANNED-UNIT DEVELOPMENT shall further the purpose of promoting the general public welfare, encouraging the efficient use of land and resources, promoting greater efficiency in providing public and utility services, and encouraging innovation in the planning and building of all types of development. Within a planned-unit development, the township zoning regulations, WHERE APPLICABLE, need not be uniform, but may vary in order to accommodate unified development and to promote the public health, safety, morals, and the other purposes of this section. If standards are adopted for approval or disapproval of planned-unit developments, no planned-unit development shall be approved unless the plan for that development satisfies the standards of approval established under this section. No approval of a planned-unit development as being in compliance with the standards of approval established under this section, if any, shall be considered to be an amendment or supplement to the township zoning resolution for the purpose of section 519.12 of the Revised Code.

PLANNED-UNIT DEVELOPMENTS MAY BE INCLUDED IN THE TOWNSHIP ZONING RESOLUTION UNDER ONE OF THE FOLLOWING ARRANGEMENTS:

(A) THE BOARD OF TOWNSHIP TRUSTEES MAY ADOPT PLANNED-UNIT DEVELOPMENT REGULATIONS THAT DO NOT AUTOMATICALLY APPLY TO ANY PROPERTY IN THE TOWNSHIP, BUT ESTABLISH STANDARDS THAT WILL APPLY TO PROPERTY THAT BECOMES PART OF A PLANNED-UNIT DEVELOPMENT AS PROVIDED IN THIS DIVISION. PROPERTY OWNERS WHO WISH TO HAVE PLANNED-UNIT DEVELOPMENT REGULATIONS APPLY TO THEIR PROPERTY MAY APPLY TO HAVE THE ZONING MAP AMENDED PURSUANT TO SECTION 519.12 of the Revised Code TO REZONE THEIR PROPERTY AS A PLANNED-UNIT DEVELOPMENT AND NO LONGER SUBJECT TO ANY PREVIOUSLY APPLICABLE ZONING REGULATIONS. ONCE PROPERTY HAS BEEN REZONED AS A PLANNED-UNIT DEVELOPMENT, SUBSEQUENT DEVELOPMENT ON THAT PROPERTY SHALL COMPLY WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS AS DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING RESOLUTION FOR THE PURPOSE OF SECTION 519.12 of the Revised Code, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. of the Revised Code.

(B) UPON THE APPLICATION OF PROPERTY OWNERS, THE BOARD OF TOWNSHIP TRUSTEES MAY ESTABLISH A PLANNED-UNIT DEVELOPMENT FOR THEIR PROPERTY, DESIGNATING THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 519.12 of the Revised Code, AND SIMULTANEOUSLY ADOPTING REGULATIONS AS PART OF THAT SAME PROCEDURE THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT. WITHIN THAT DEVELOPMENT, PROPERTY IS SUBJECT TO THE PLANNED-UNIT DEVELOPMENT REGULATIONS AND NOT TO ANY OTHER ZONING REGULATIONS. COMPLIANCE WITH THE PLANNED-UNIT DEVELOPMENT REGULATIONS SHALL BE DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP AND THE SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY TO THAT PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING RESOLUTION FOR THE PURPOSE OF SECTION 519.12 of the Revised Code, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. of the Revised Code.

(C) THE BOARD OF TOWNSHIP TRUSTEES MAY DESIGNATE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 519.12 of the Revised Code, AND SIMULTANEOUSLY ADOPT REGULATIONS AS PART OF THAT SAME PROCEDURE THAT APPLY IN THAT PLANNED-UNIT DEVELOPMENT TO THE EXTENT THEY ARE MADE APPLICABLE TO PARTICULAR PARCELS BY PARCEL OWNERS UNDER THIS DIVISION. ANY OTHER ZONING REGULATIONS THAT EXIST IN THE DESIGNATED PROPERTY CONTINUE TO APPLY TO THAT PROPERTY UNLESS THE OWNER OF ANY PARCEL OF THAT PROPERTY SUBMITS TO THE BOARD OF TOWNSHIP TRUSTEES OR TOWNSHIP ZONING COMMISSION, AS APPROPRIATE, A WRITTEN STATEMENT ELECTING TO SUBJECT THAT PARCEL EXCLUSIVELY TO THE PLANNED-UNIT DEVELOPMENT REGULATIONS DURING A SPECIFIED, DISTINCT STAGE IN THE DEVELOPMENT OF THE PARCEL. AT THE CONCLUSION OF THAT STAGE, THE PARCEL BECOMES SUBJECT AGAIN TO ANY ZONING REGULATIONS THAT APPLY IN THE DESIGNATED PROPERTY AND REMAINS SO UNLESS THE PARCEL OWNER AGAIN MAKES THE ELECTION DESCRIBED IN THIS DIVISION. COMPLIANCE WITH THE REGULATIONS REQUIRED BY THIS DIVISION SHALL BE DETERMINED BY THE BOARD OF TOWNSHIP TRUSTEES OR THE TOWNSHIP ZONING COMMISSION, AS APPLICABLE. AFTER THE DESIGNATION OF THE PROPERTY AS A PLANNED-UNIT DEVELOPMENT ON THE ZONING MAP, AND THE SIMULTANEOUS ADOPTION OF REGULATIONS THAT WILL APPLY ONLY AT THE ELECTION OF THE PROPERTY OWNER TO A PARTICULAR PROPERTY IN THAT PLANNED-UNIT DEVELOPMENT, ANY APPROVAL OR DISAPPROVAL OF SUBSEQUENT USE OR DEVELOPMENT OF PROPERTY IN A PLANNED-UNIT DEVELOPMENT AS BEING IN COMPLIANCE WITH REGULATIONS ESTABLISHED AS AUTHORIZED BY THIS DIVISION SHALL NOT BE CONSIDERED TO BE AN AMENDMENT OR SUPPLEMENT TO A TOWNSHIP ZONING RESOLUTION FOR THE PURPOSE OF SECTION 519.12 of the Revised Code, BUT MAY BE APPEALED PURSUANT TO CHAPTER 2506. of the Revised Code. ANY PLANNED-UNIT DEVELOPMENT REGULATIONS ADOPTED UNDER THIS DIVISION SHALL ENSURE THAT THE PURPOSES OF THE UNDERLYING ZONING REGULATIONS ARE NOT UNDERMINED.

As used in this section, "planned-unit development" means a development which is planned to integrate residential, commercial, industrial, or any other use.