Land Development Code :: Back to Table of Contents

Section 1203.02    Core Development Review Procedure

All development applications are subject to the following seven-step "core" approval procedure,
unless variations or exceptions to the core procedure are expressly provided for in the particular
development application requirements set forth in this Chapter.

 

(a) Step 1: Pre-Application Conceptual Review

(1) Purpose. The purposes of the pre-application conceptual review meeting are
to provide an opportunity for the applicant and the City Manager to discuss
the review process, the scope of appropriate submittal requirements, and
compliance with this Code. Major potential problems can be identified
before a formal application is submitted.

(2) Applicability. Pre-application conceptual review is mandatory for all
applications relating to major development site plans, preliminary Planned
Development plans, and preliminary subdivisions except for minor
subdivisions. Pre-application conceptual review meetings for all other types
of applications are voluntary. However, the City Manager may determine
that some application submittal requirements are not necessary if the
applicant attends a pre-application conceptual review meeting.

(3) Attendance. In addition to the City Manager, other City participants in the
preapplication conceptual review meeting may include the Community
Development Director, the City Community Development Staff, the City
Engineer, representatives from City Safety Services and city utility providers,
and representatives from the Summit County Department of Environmental
Service, Summit Soil and Water Conservation District, and any other person
or entity the City deems appropriate.

(4) Request for Pre-Application Conceptual Review. To request a preapplication
conceptual review meeting, the applicant shall submit a request on a formapproved
by the City Manager, together with any reasonable fee and
materials that the City Manager deems necessary. The materials and
form submitted for the preapplication conceptual review meeting shall not be
considered a formal application for site plan, subdivision, or any other
approval.

(5) Scheduling. The preapplication conceptual review meeting shall be
scheduled within fourteen (14) days from the date of submission of the
applicant's form and materials. If additional information is requested, the
fourteen- day period may be extended by mutual agreement.

(6) Submittal Requirements. See Appendix A to this Code.

(7) Staff Review and Recommendations. Within ten (10) days after the preapplication
conceptual review meeting, the City Manager shall provide to the
applicant comments on the conceptual plan, including appropriate
recommendations to inform and assist the applicant prior to preparing the
components of the development application.

(b) Step 2: Application

Each development application shall be submitted to the City Manager and shall
include the items in Appendix A that are identified as applicable to that development
application.

(c) Step 3: Staff Review and Report

Within forty-five (45) days from the date that a submitted application is certified as
complete pursuant to Section 1203.01(c) above, the City Manager shall refer the
development application to the appropriate review agencies, review the development
application, and prepare a staff report. The staff report shall incorporate the
responses and comments from the reviewing agencies, shall report whether the
development application complies with all applicable standards, and shall specify
any areas of noncompliance. Conditions for approvals may be recommended to
eliminate any areas of noncompliance or to mitigate any adverse effects of the
development proposal. The staff report shall be mailed to the applicant and made
available for public inspection and copying at least five (5) days prior to the first
scheduled public meeting on the development application.

(d) Step 4: Planning Commission Action or Recommendation

(1) When Public Hearings Required. The following development applications
are subject to Planning Commission review and shall be considered and acted
upon only after a public hearing before the PC:

  • Applications for Rezonings
  • Applications for Preliminary and Final Subdivision Plats, except in
    Districts 6 and 8.
  • Applications for Concept Plan and Final Site Plan Review
  • Applications for Conditional Uses
  • Applications for Planned Developments
  • Applications for Development Agreements
  • Proposed Amendments to Code or to the Comprehensive Plan

  (2)  When Only Planning Commission Action is Required Without Public Hearing.

  • Applications for Concept Plan and Final Site Plan Review for development in Districts 6 and 8.
  • Applications for Preliminary and Final Subdivision  Plats in Districts 6 and 8.

(2) Decisions. Within one-hundred twenty (120) days from the date that a
submitted application is certified as complete pursuant to Section 1203.01(c)
above, the PC shall consider the development application, the staff report,
and the evidence from any public hearing, and then take final action. For
applications on which the PC has final authority, the PC shall either approve,
approve with conditions, or deny the development application based on its
compliance with the appropriate review standards. For applications on which
the PC has only authority to recommend action to the City Council, the PC
shall recommend either approval, approval with conditions, or denial of the
development application based on its compliance with the appropriate review
standards.

(3) Findings. All decisions of the PC shall be based on written findings of fact
related to the relevant standards set forth in this Code.

(4) Notification of PC's Action. The PC shall send written notice of its action on
an application to the applicant and to the City Council within ten (10) days
after such action.

(e) Step 5: City Council Review and Action

(1) When City Council Action Required. The following development and land
use applications are subject to City Council review and shall be considered
and acted upon only after a public hearing before the City Council:

  • Applications for Planned Developments Preliminary Plan
  • Applications for Rezonings
  • Applications for Site Plans for Major Developments Called Up by
    City Council pursuant to Section 1203.09(g) of this Code
  • Proposed Amendments to Code Text/Comprehensive Plan
  • Approval of Development Agreements

(2) Conduct of Public Hearings Before the City Council. All public hearings
convened by the City Council to consider a development application or other
land use action subject to this Code shall be conducted in accord with the
rules and procedures adopted by the City Council to govern such actions.

(3) Decisions. Within ninety (90) days from the date that the City Council
receives the Planning Commission's recommendation on an application, the
City Council shall consider the development application, the staff report, the
PC's recommendation, and the evidence from any public hearing, and then
take final action by either approving, approving with conditions, or denying
the development or land use applications based on its compliance with the
appropriate review standards.

(4) Findings. All decisions of the City Council shall be based on written findings
of fact related to the relevant standards set forth in this Code.

(f) Step 6: AHBR Review and Action

(1) When AHBR Review and Action Required.

(A) Areas Other Than in the Historic District and Other Than Historic
Landmarks. Architectural and Historic Board of Review (AHBR)
review occurs after a proposed development has received site plan
approval except development in Districts 6 and 8. The following development
applications are subject to AHBR review and shall be acted upon at AHBR's
regularly scheduled public meetings, or at a special meeting or public hearing
if called:

  • Applications for AHBR approval of new residential structures
    (including accessory structures), additions (including decks),
    alterations, and fences, except for minor residential
    improvements.
  • Applications for AHBR approval of new commercial structures, additions,
    alterations, and fences except development in Districts 6 and 8.
  • Applications for AHBR approval of signs.
  • No permit shall be issued for the demolition of any building
    or structure located outside an historic district and not
    designated as an historic landmark until such proposed
    demolition is first reviewed by the AHBR to determine
    whether the building or structure has historic or architectural
    significance and to determine whether the applicant for such
    permit will voluntarily consent to the retention of such
    building or structure as appropriate. For purposes of this
    section, the terms "alteration" and "remodeling" do not include
    the term "demolition". For purposes of this section, the term
    "demolition" shall mean the act of completely tearing down or
    removing a building or structure.


(2) Areas in the Historic District or Historic Landmarks. AHBR shall review all
development within the Historic District and all development affecting a
historic landmark that will affect the exterior architectural features of such
structure or building. AHBR review shall occur before issuance of a zoning
certificate for the development.

(3) When AHBR Recommendations Required. The AHBR, as represented on
the Industrial Design Sub-Committee, shall recommend to the Planning
Commission final action on all applications for development site
plans. Such recommendation shall be either to approve, approve with
conditions, or deny the application for such a development site plan
based on its compliance with the use, development, and industrial design
standards set forth in this Code.

(4) Conduct of Public Meetings/Hearings. The conduct of public meeting and
hearings before the AHBR shall be governed by the rules and procedures
adopted by the AHBR for this purpose.

(5) Decisions

(A) Areas Other Than in the Historic District and Other Than Historic
Landmarks. The AHBR shall take final action within thirty (30) days
from the date that a submitted application is certified as complete
pursuant to Section 1203.01(c), except that the AHBR shall have the
discretion to table any application for no more than two consecutive
scheduled meetings. The AHBR shall take final action by either
approving, approving with conditions, or denying the development
application based on its compliance with the architectural, design,
and/or historic preservation standards set forth or referenced in this
Code.

(B) Areas in the Historic District or Historic Landmarks. Within sixty
(60) days from the date that the AHBR receives the Historic District
Subcommittee's recommendation on an application for a certificate of
appropriateness, the AHBR shall consider the application, the staff
report, the subcommittee's recommendation, and evidence from any
public hearing, and then take final action by either approving,
approving with conditions, or denying the certificate of
appropriateness application based on its compliance with the
appropriate review standards.

(6) Findings. All decisions of the AHBR shall be based on written findings of
fact related to the relevant standards set forth or referenced in this Code.

(7) Submittal Requirements. See Appendix A to this Code for submittal
requirements for applications for AHBR reviews and approvals.

(g) Step 7: Certificate of Zoning Compliance


(1) When Required. A certificate of zoning compliance (also referred to as a
a Zoning Certificate) is a condition precedent to the commencement of any of
the following types of development or land use activity within the City of
Hudson:

(A) Residential development, including new single-family developments
on single lots, accessory structures, additions, alterations, and fences.
(B) Industrial development.
(C) Commercial development, including accessory structures, additions,
alterations, and fences.
(D) Grading, cutting, clearing or undertaking any other land disturbance
activity.
(E) Occupy, use, or change the use or alter any structure or land.
(F) Erection, moving or replacement of signs.


(2) Application for Zoning Certificate--Conditions Precedent for Issuance. An
application for a zoning certificate shall be submitted as part of the
application for AHBR approval of residential or commercial development, or
erection of signs. For industrial developments, an application for zoning
certificate shall be submitted as part of the application package for PC and/or
City Council approval of the site plan. A zoning certificate shall be issued
only after the applicant has received the following approvals:

(A) Residential Development-Generally. Prior to issuance of a zoning
certificate for residential development, including construction of a
single-family dwelling on an individual lot, the applicant first shall
have received all of the following:

  • Final site plan approval;
  • Final approval of any conditional uses or variances (when
    applicable);
  • AHBR approval; and Residential allotments pursuant to Chapter 1211 of this Code.

(B) Residential Development - Minor Improvements. Prior to issuance of
a zoning certificate for minor residential improvements, the applicant
shall first have received all of the following:

  • Final site plan approval;
  • City Manager approval for architecture/design/historic
    preservation compliance;
  • Applications involving PC or BZBA action shall be referred
    to AHBR.

(C) Commercial Development. Prior to issuance of a zoning certificate
for commercial development, the applicant shall have received all of
the following:

  • Final site plan approval; and
  • AHBR approval (including AHBR approval of any proposed
    signs).

Except that a zoning certificate to permit clearing and grading, and
/or utility installation and related site work may be issued consistent
with the final site plan approval in advance of the zoning certificate
to permit building construction.

 

(D) Industrial Development. Prior to issuance of a zoning certificate for
industrial development, the applicant shall have received all of the
following:

 

  • Final site plan approval, including review and approval
    pursuant to adopted industrial design guidelines; and

Except that a zoning certificate to permit clearing and grading, and
/or utility installation and related site work may be issued consistent
with the final site plan approval in advance of the zoning certificate
to permit building construction.

 

(E) Signs. Prior to issuance of a zoning certificate for signs, the applicant
shall have received all of the following:

 

  • Final approval of any variances or conditional use
    requirements (when applicable); and
  • AHBR approval.


(3) Issuance of Zoning Certificates. A zoning certificate shall be issued within
seven (7) days after final action and approval by the AHBR for residential
and commercial developments and for signs, after final action by the City
Manager for minor residential improvements with notice to AHBR of action
taken, and after final action and approval by the PC and/or City Council on a
site plan application for developments in District 6 and 8.


(4) Time Limit on Zoning Certificates. Unless construction is commenced
within six (6) months of the date of issuance of a zoning certificate and
completed within twenty-four (24) months of the date of issuance, such
certificate shall then automatically lapse and be null and void. These time
limits may be extended by the City upon a showing that there has been
continuing construction activity on the site during the twenty-four (24)
months of the date of issuance. Construction or improvement of a new or
existing structure shall be deemed to have commenced upon completion of
the in-ground permanent foundation, or if constructed utilizing slabs, piers,
pilings, or pole construction, completion of the structural framework of the
building constituting the authorized work under the permit.