1972
House Bill 1016 created Ohio law that gave counties and townships basic authority to establish planned unit development (PUD) regulations.
Regulations did not have to be uniform
Defined as a development that would integrate residential development with "collateral uses"
Lot sizes, setbacks and dwelling types could be varied in order to achieve design objectives and to make provision for open spaces, common areas, utilities, public improvements and collateral non-residential uses.
1989
Ohio law was amended with the enactment of Senate Bill 164
No property owner could be required by county or township to develop under PUD regulations only.
SB 164 authorized, but did not require, PUD regulations to include standards on which to determine compliance.
SB 164 was not clear in distinguishing administrative versus legislative approval requirements given the various ways that county and township PUD zoning regulations had been written.
1994
Ohio Supreme Court summarizes standards but approval requirements still the subject of confusion.
1997
In the wake of this confusion, Ohio House Bill 280 was proposed. On October 21, 1997, House Bill 280 sponsored by State Representative Robert Schuler was enacted.
HB 280 amends Ohio Revised Code Sections 303.022 and 519.021 relating to Planned Unit Developments under both county and township zoning adding a third option for establishing a PUD.
Ohio Revised Code References to Planned Unit Development
PUD regulations may apply to property "only at the election of the property owners"
PUD Option C explicitly authorizes county commissioners or township trustees to initiate a PUD district on the zoning map as an overlay district
County commissioners or township trustees can delegate final PUD approval authority to the zoning commission only if the zoning commission either approves or disapproves a PUD proposal based upon standards or regulations that must be specified in a PUD zoning regulation.
County commissioners or township trustees can not delegate to the zoning commission the authority to determine which zoning districts a PUD is permitted or whether a PUD district is included on the zoning map. Administrative authority is limited to determine compliance with legislatively approved PUD standards.
Standards or regulations for PUD's must be included in a PUD resolution or amendment. These standards must be used by commissioners, trustees or zoning commission members in approving or disapproving a PUD plan.
Law exempts PUD districts from the general requirements that zoning regulations be uniform. Uniformity of regulations is not required in PUD districts established in accordance with PUD Options A, B and C.
Source for this presentation on the Ohio Revised Code and Planned Unit Developments: County Commissioner Association of Ohio County Advisory Bulletin 97-8 October 1997