Based on requirements that are considerably different from conventional zoning practices, a Planned Unit Development encourages efficient use of the land and resources and encourages innovative development practices. The Ohio Revised Code provides three options available to commissioners, trustees and landowners in establishing PUD’s.
PUD Option A
Under PUD Option A (ORC 303.022(A)), county commissions or township trustees can amend the text of the zoning regulation to create the potential for one or more PUD zoning districts. (These could include: PUD residential; PUD commercial; PUD industrial; PUD office; and PUD mixed uses.)
In addition to the text amendments creating the potential for PUD districts in zoning regulations, PUD design standards must be created and included in the zoning resolution to guide the PUD plan administrative approval process.
The amendments to create PUD districts and design standards to be included in zoning regulations are subject to a referendum.
Essentially, the use of PUD Option A is establishes one or more "floating" PUD districts and standards for approval of all PUD plans as part of the text of the zoning resolution. The zoning map, however will not delineate any property in any PUD district unless and until a property owner requests a rezoning to one of the PUD districts contained in the text of the zoning resolution. Commissioners and trustees would follow the regular zoning amendment procedures to rezone the specific property to the particular PUD district. This rezoning action also would be subject to a referendum.
After the zoning map amendment becomes effective, the former zoning district designation is changed on the map to the new PUD district designation. The approval or disapproval of the proposed PUD plan is subject to the standards contained in the zoning regulations. This action is an administrative effort not subject to a referendum.
PUD Option B (ORC 303.022 (B) and 519.0212 (B))
Under this Ohio Revised Code Option, a property owner may apply to establish a PUD district for a particular property that they own. The land owner asks the county commissioners or township trustees to amend the text of the zoning resolution and the zoning map. These actions would be subject to a referendum.
Once the zoning map amendment becomes effective, the former zoning district designation changes to a PUD designation. The property owner would apply for approval of the PUD plan pursuant to the standards and regulations adopted for that special PUD. This review is an administrative process.
Under PUD Option B, an amendment to the current zoning resolution may be needed which allows the property owners to apply for PUD designation as an amendment to the zoning map at any location. Unlike PUD Option A, there would be no "floating" PUD districts or standards established in the text of the zoning resolution.
This PUD option allows developers and designers to be creative and uninhibited by regulations. At the same time, the procedures requiring detailed disclosure of the nature and type of development proposed. The procedure also assures maximum public scrutiny, including a right to referendum on both the particular property and the unique regulations that will apply to the particular development.
PUD Option C (ORC 303.022 (C) and 519.021 (C))
Unlike Option A which is set up to wait for a landowner initiative to rezone for PUD use, Option C enables county commissioners or township trustees to rezone land in a township for PUD's or as one or more PUD districts upon its own initiative.
Under Option A, when land is rezoned on application of a property owner, the previous zoning district and regulations no longer apply to the property. Under PUD Option C, if the property is rezoned for PUD s' or as a PUD district in the absence of application, the existing non-PUD zoning and regulations continue to apply unless or until the owner exercises the option to develop under PUD regulations.
Under Option C, both types of regulations are now available to the property at the same time. The old zoning district still exists as the "base zoning" and at the same time the PUD zoning designation or district "overlays" the old base zoning.