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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 280 |
REPRESENTATIVES SCHULER-GARCIA-KREBS-WINKLER-O'BRIEN-OPFER-
MOTTLEY-CATES-LOGAN-TERWILLEGER-LUEBBERS-GRENDELL-REID-LEWIS-
BRITTON-LAWRENCE-OGG-PADGETT-ROBERTS-OLMAN-
SENATORS BLESSING-SCHAFRATH-LATELL-GARDNER-FINAN
A BILL
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:
Section 1. That sections 303.022 and 519.021 of the Revised Code be amended to
read as follows:
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 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
PROCEDURES:
(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) PURSUANT TO SECTION 303.12 OF THE
REVISED
CODE, THE BOARD OF COUNTY
COMMISSIONERS MAY ADOPT PLANNED-UNIT DEVELOPMENT REGULATIONS AND
AMEND THE ZONING MAP TO REZONE PROPERTY AS PLANNED-UNIT
DEVELOPMENTS. ANY OTHER ZONING REGULATIONS AND ZONING DISTRICT THAT EXIST AT
THE
TIME A PLANNED-UNIT DEVELOPMENT DISTRICT
IS ESTABLISHED UNDER THIS DIVISION CONTINUE TO APPLY WITHIN THE PLANNED-UNIT
DEVELOPMENT DISTRICT
UNLESS THE BOARD OR THE COUNTY ZONING COMMISSION APPROVES AN APPLICATION OF AN
OWNER OF PROPERTY WITHIN THE DISTRICT TO SUBJECT THE OWNER'S PROPERTY
TO PLANNED-UNIT DEVELOPMENT REGULATIONS UNDER THIS DIVISION. SUCH AN
APPLICATION SHALL BE MADE IN ACCORDANCE WITH THE PLANNED-UNIT DEVELOPMENT
REGULATIONS AND SHALL INCLUDE A DEVELOPMENT PLAN THAT COMPLIES WITH THE
PLANNED-UNIT DEVELOPMENT REGULATIONS. UPON RECEIVING SUCH AN APPLICATION, THE
BOARD OF
COUNTY
COMMISSIONERS OR COUNTY ZONING COMMISSION, AS APPLICABLE,
SHALL DETERMINE WHETHER THE APPLICATION AND PLAN COMPLY WITH THE
PLANNED-UNIT DEVELOPMENT REGULATIONS. THE BOARD'S OR COMMISSION'S
DETERMINATION
SHALL
NOT BE CONSIDERED TO BE AN AMENDMENT TO A COUNTY
ZONING RESOLUTION FOR PURPOSES OF SECTION 303.12 OF THE
REVISED
CODE, BUT MAY BE APPEALED
PURSUANT TO CHAPTER 2506. OF
THE REVISED
CODE. IF THE BOARD OR COMMISSION MAKES A FINAL DETERMINATION THAT
THE PLAN INCLUDED IN THE APPLICATION COMPLIES WITH THE PLANNED-UNIT
DEVELOPMENT REGULATIONS OR, IF THE BOARD'S OR COMMISSION'S FINAL DETERMINATION
IS ONE OF NONCOMPLIANCE THEN IF A COURT OF COMPETENT
JURISDICTION ISSUES A FINAL NONAPPEALABLE ORDER FINDING COMPLIANCE, THE
BOARD OR COMMISSION,
AS APPLICABLE, SHALL APPROVE THE APPLICATION AND UPON APPROVAL SHALL CAUSE THE
ZONING MAP TO
BE CHANGED SO THAT
ANY OTHER ZONING DISTRICT THAT APPLIED TO THE PROPERTY THAT
IS THE SUBJECT OF THE OWNER'S APPLICATION NO LONGER APPLIES TO
THAT PROPERTY. THE REMOVAL OF THE PRIOR ZONING DISTRICT FROM THE ZONING MAP
IS A MINISTERIAL ACT AND SHALL NOT BE CONSIDERED TO BE
AN AMENDMENT OR SUPPLEMENT TO A COUNTY ZONING RESOLUTION FOR THE
PURPOSES OF SECTION 303.12 OF THE
REVISED
CODE AND MAY NOT BE APPEALED
PURSUANT TO CHAPTER 2506. OF
THE REVISED
CODE.
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.
NOTHING IN THIS SECTION PREVENTS A BOARD OF COUNTY COMMISSIONERS FROM
AUTHORIZING A PLANNED-UNIT DEVELOPMENT AS A CONDITIONAL USE IN THE ZONING
RESOLUTION PURSUANT TO SECTION 303.14 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 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 PROCEDURES:
(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) PURSUANT TO SECTION 519.12 OF THE
REVISED
CODE, THE BOARD OF TOWNSHIP
TRUSTEES MAY ADOPT PLANNED-UNIT DEVELOPMENT REGULATIONS AND
AMEND THE ZONING MAP TO REZONE PROPERTY AS PLANNED-UNIT
DEVELOPMENTS. ANY OTHER ZONING REGULATIONS AND ZONING DISTRICT THAT EXIST AT
THE
TIME A PLANNED-UNIT DEVELOPMENT DISTRICT
IS ESTABLISHED UNDER THIS DIVISION CONTINUE TO APPLY WITHIN THE PLANNED-UNIT
DEVELOPMENT DISTRICT
UNLESS THE BOARD OR THE TOWNSHIP ZONING COMMISSION APPROVES AN APPLICATION OF
AN OWNER OF PROPERTY WITHIN THE DISTRICT TO SUBJECT THE OWNER'S
PROPERTY
TO PLANNED-UNIT DEVELOPMENT REGULATIONS UNDER THIS DIVISION. SUCH AN
APPLICATION SHALL BE MADE IN ACCORDANCE WITH THE PLANNED-UNIT DEVELOPMENT
REGULATIONS AND SHALL INCLUDE A DEVELOPMENT PLAN THAT COMPLIES WITH THE
PLANNED-UNIT DEVELOPMENT
REGULATIONS. UPON RECEIVING SUCH AN APPLICATION, THE BOARD OF TOWNSHIP
TRUSTEES OR TOWNSHIP ZONING COMMISSION, AS APPLICABLE, SHALL
DETERMINE WHETHER THE APPLICATION AND PLAN COMPLY WITH THE
PLANNED-UNIT DEVELOPMENT REGULATIONS. THE BOARD'S OR COMMISSION'S
DETERMINATION
SHALL
NOT BE CONSIDERED TO BE AN AMENDMENT TO A TOWNSHIP
ZONING RESOLUTION FOR PURPOSES OF SECTION 519.12 OF THE
REVISED
CODE, BUT MAY BE APPEALED
PURSUANT TO CHAPTER 2506. OF
THE REVISED
CODE. IF THE BOARD OR COMMISSION MAKES A FINAL DETERMINATION THAT
THE PLAN INCLUDED IN THE APPLICATION COMPLIES WITH THE PLANNED-UNIT
DEVELOPMENT REGULATIONS OR, IF THE BOARD'S OR COMMISSION'S FINAL DETERMINATION
IS ONE OF NONCOMPLIANCE THEN IF A COURT OF COMPETENT
JURISDICTION MAKES A FINAL NONAPPEALABLE ORDER FINDING COMPLIANCE, THE
BOARD OR COMMISSION, AS
APPLICABLE, SHALL APPROVE THE APPLICATION AND UPON APPROVAL SHALL CAUSE THE
ZONING MAP TO BE
CHANGED SO THAT ANY
OTHER ZONING DISTRICT THAT APPLIED TO THE PROPERTY THAT IS
THE SUBJECT OF THE OWNER'S APPLICATION NO LONGER APPLIES TO THAT
PROPERTY. THE REMOVAL OF THE PRIOR ZONING DISTRICT FROM THE ZONING MAP IS A
MINISTERIAL ACT AND SHALL NOT BE CONSIDERED TO BE AN AMENDMENT
OR SUPPLEMENT TO A TOWNSHIP ZONING RESOLUTION FOR THE PURPOSES OF SECTION
519.12 OF THE REVISED
CODE AND MAY NOT BE APPEALED
PURSUANT TO CHAPTER 2506. OF
THE REVISED
CODE.
NOTHING IN THIS SECTION PREVENTS A BOARD OF
TOWNSHIP TRUSTEES FROM AUTHORIZING A PLANNED-UNIT DEVELOPMENT AS A
CONDITIONAL USE IN THE ZONING RESOLUTION PURSUANT TO SECTION 519.14 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.
Section 2. That existing sections 303.022 and 519.021 of the Revised Code are
hereby repealed.
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