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Land Development Code - City of Hudson, Ohio

Chapter 1211    Growth Management Residential Development Allocation

Section 1211.01    Purpose and Intent

The purpose and intent of this Chapter is to:

  1. Establish a Growth Management Development Allocation System in the City of
    Hudson to regulate the rate at which the city issues zoning certificates for certain
    residential dwelling units and subdivisions.

  2. Implement the policies and goals of the 2004 City of Hudson Comprehensive Plan
    (2004 Comprehensive Plan) relating to growth management strategy, transportation,
    community facilities and infrastructure, economic development, and community
    character.

  3. Establish a residential development management and allocation system to control the
    rate of residential development to ensure that:
    1. Growth is orderly and that municipal infrastructure and public services are
      available concurrently with such development and to prevent further
      deterioration of public facility and infrastructure service levels;

    2. The fiscal impact of such development does not exceed revenue available
      from such development and other sources to pay the cost of infrastructure
      and services which it necessitates;

    3. The community character of the city as a desirable place to live and conduct
      business is not eroded and that property values are protected throughout the
      city;

    4. The density of population in the city is managed carefully to prevent
      overcrowding and congestion; and

    5. Existing developments are completed and land adjacent to existing
      subdivisions is developed on a preferential basis to reduce infrastructure
      extension costs.

Section 1211.02    Findings

The City Council of the City of Hudson (City Council) makes the following

  1. That the sustained high rate of residential development and associated population
    growth in the city has and continues to cause a deterioration in the level and quality
    of public services and infrastructure;

  2. That the growth rate of the City over the past decade greatly exceeds the growth rate
    of the region, the State of Ohio, and the United States as a whole;

  3. That the cost of providing such public services and infrastructure has and will
    continue to exceed the financial capability of the city to provide such services and
    infrastructure in a timely fashion concurrent with development and demand;

  4. That the cost of municipal services and facilities necessitated by a typical residential
    unit exceeds the tax revenues generated thereby;

  5. That there is an existing and growing imbalance between residential and nonresidential
    development in the city that further contributes to the shortfall in
    municipal revenues necessary to provide adequate public services and infrastructure
    and a high quality of life;

  6. That the city needs to moderate the rate of residential development to afford it
    additional time to prepare plans to provide necessary infrastructure and services to
    accommodate new residential development, to attract new non-residential
    development that will provide revenues to the city to assist in the financing of such
    services and infrastructure, and to maintain reasonable property tax rates, fees, and
    other charges for its citizens.

  7.  There is a need for housing in the city affordable for those employed in the
    community and for special groups such as the elderly and disabled.

Section 1211.03    Applicability

  1. Residential Development Allotment
    After the effective date of this Chapter (see '1211.11 below.), no application for a
    zoning certificate for construction of a residential dwelling unit on a legal lot shall be
    granted by the city until the applicant is awarded a residential development allotment
    for that unit on that lot pursuant to this Chapter or such development is exempted
    from this Chapter as set forth below.

  2.  Exempt Development
    The following developments are exempted from the requirement of securing a
    residential development allotment as a condition precedent to the issuance of a
    zoning certificate:
    1. All non-residential development, including civic, commercial, industrial, and
      institutional development;

    2. Remodeling, restoration, reconstruction, or replacement of legally established
      structures that does not increase the number of residential dwelling units that
      existed previously on the site;

  3. Priority Development
    The following developments are given priority in the allocation of residential
    development allotments as set forth in Section 1211.04 of this Chapter
    1. Affordable housing as defined in this Chapter and deed restricted in a manner
      acceptable to the Planning Commission to ensure that such units will be
      available in the future as affordable housing;

    2. Housing that is restricted to occupancy by elderly people over sixty-two
      years of age and disabled persons as defined in this Chapter;

    3. A single-family residential unit to be constructed/erected on a legal,
      buildable lot, which lot was created prior to the effective date of this Chapter
      with direct access to public streets, or on a lot in a subdivision with
      preliminary or final approval granted prior to the effective date of this
      Chapter;

    4. Any new lot created after the effective date of this Chapter with a minimum
      size of five acres and with access to an improved public street and public
      water and sewer if available within one-thousand (1000) feet of the proposed
      development.

  4. Certification Of Exempt or Priority Status
    Upon request by any potential applicant for a zoning certificate, the City Manager
    shall certify in writing whether the proposed development is exempt from the
    provisions of this Chapter or is eligible for priority status. Such application for a
    certification of exemption or priority status shall be filed on a form furnished by the
    City Manager providing information from which the City Manager can reasonably
    determine whether the applicant is entitled to an exemption or priority status.
    Applications for certification of exemption may be filed at any time. Applications
    for certification of priority status shall be filed on the semiannual application dates
    set forth in Section 1211.05 of this Chapter. The City Manager shall inform the
    applicant in writing within thirty (30) days of filing a complete application for
    exemption whether the application is approved or denied. Such determination may
    be appealed pursuant to the provisions of this Chapter. Failure of the City Manager
    to act shall be deemed to be a denial of a certification of exemption or priority status.

Section 1211.04    Residential Development Allocation

(a)      Annual Allocation
          The City Council shall establish annually, by June 15, the total residential
          development allocation in terms of number of residential units that shall be
          granted allotments in the subsequent allocation year. This allocation shall be
          based on a recommendation from the City Manager and Planning Commission
          and shall be produced according to the criteria and procedure set forth in Section
          1211.07.
 
(b)      Frequency Of Allotments
          There shall be two allocation dates during each allocation year. Fifty (50) percent
          of the total number of residential development allotments approved each year by
          City Council shall be awarded on or before August 1st and March 1st, except as
          provided in this Chapter.

(c)      Priority Development Pool
          Eighty (80) percent of the annual allocation shall be made available solely for
          development having priority status granted pursuant to this Chapter. If the number
          of allotments sought by applicants having priority status exceeds the number of
          allotments available for priority units, the City Manager shall award such
          allotments on a prorata basis as set forth in Section 1211.06(b).

(d)      General Development Pool
          Twenty (20) percent of the annual allocation shall be made available solely for
          development not having priority status. If the number of allotments sought by
          applicants not having priority status exceeds the number of allotments available
          for non-priority units, the City Manager shall award such allotments on a prorata
          basis as set forth in Section 1211.06(b).

(e)      Maximum Allotment
          No single development may apply for an allocation in excess of the number
          available in the allocation period or be awarded more than thirty (30) residential
          development allotments in any one year, except if there are no competing
          applicants for such allotments. However, all applicants are eligible for multi-year
          allotments and reservations as set forth below. For purposes of this section, a
          single development shall mean one or more contiguous parcels, lots, or units
          owned by any person, persons, legal entity or entities or any combination thereof
          that have a common ownership interest of more than fifty (50) percent in each
          such entity. If any question arises as to the nature of such ownership interest, the
          developer or developers involved shall have the burden of providing necessary
          evidence to prove that not more than fifty (50) percent common ownership
          interest exists among them.

(f)      Optional Multi-Year Allotment Reservations
         (1)      Reservations (commitments for future years' allotments) may be granted
                   by the City Council to a subdivision having received preliminary plan approval, 
                   upon written application and the advice of the City Manager and
                   Planning Commission, for a period of up to three (3) consecutive years if
                   one or more of the following criteria are satisfied:
                   (A)      The site design of the proposed development makes extended
                              construction phasing infeasible. This requires but is not limited to
                              a demonstration that the economies of scale will result from
                              construction occurring at once:
                              (i)      the proposed development is intended as a single building
                                       that cannot easily be constructed in phases; or
                              (ii)     the public facility investments for the proposed
                                       development, such as roads, water, and sewer facilities,
                                       must all be installed at the initiation of the project, making
                                       phasing economically infeasible; or
                              (iii)    at least twenty-five (25) percent of the units in the project
                                       are classified as affordable housing units as defined in this
                                       Chapter; or
                              (iv)    the proposed development will result in housing restricted
                                       for occupancy by persons 55 years of age or older; or
                    (B)     The unique impacts of construction of the proposed development
                              on the surrounding neighborhood will be reduced by construction
                              at one time rather than phasing; or
                    (C)     The proposal minimizes the impacts on infrastructure by
                              incorporating innovative structural design characteristics or other
                              techniques that minimize the use of water, electricity, and other
                              municipal services.

           (2)      Multi-year allotment reservations, in total for all developments, shall be
                     limited to no more than fifty (50) percent of all projected annual
                     allocations for up to three (3) consecutive annual allocation years
                     beginning with the year the reservations have been granted by City
                     Council and shall be equally split between the six semi-annual award dates
                     following final plat recording by the County. Upon the granting of
                     allotment reservations by Council, the applicant must make application to
                     convert an application deadline. For the duration that reservations are
                     outstanding, the applicant may not apply for additional allotments by the
                     procedures of this Chapter, except such applicant may compete for excess
                     allotments on equal status to applicants qualifying under subsection
                     1211.06(f).

            (3)     Allotments shall not be awarded to an applicants lots pursuant to a multi- 
                      year allotment reservations until the final plat for the development has been 
                      approved and recorded with the County. Such allotments shall not be awarded
                      until a semi-annual award date of each of the consecutive annual allocation years
                      and must be used within two (2) years of each semi-annual award date. In the 
                      event the applicant does not obtain final plat approval, the multi-year allotment 
                      reservations shall becomeull and void.
                     All multi-year allotment reservations which have been granted shall be a       
                      factor considered by the City Manager, Planning Commission and City
                      Council when recommending and establishing the annual residential development
                      allocations. 

(g)       Unallocated Surplus Allotments
            Allotments that are not awarded in the first semiannual allocation period (August -
            February 28) shall be carried over automatically into the next semiannual allocation
            period (March 1 to July 30) in the same allocation year (August 1 to July 30).
            Allotments not awarded at the end of any allocation year (August 1 to July 30)
            shall be treated as surplus and may be considered by the City Council in establishing
            the annual residential development allocation in the following year, but shall not
            automatically carryover.
             (1)      Allotments for each semiannual allocation period that remain available after
                        the award of allotments to all applicants who made application for that
                        semiannual application period, shall be made available as follows:  one
                        allotment to each applicant qualifying under Section 1211.05, "Development
                        Allotment Application Procedures", of this Code after that semiannual award
                        date and until the next semiannual allotment application deadline.

             (2)      Allotments that are not awarded in the first semiannual allocation period
                        (August 1 to February 28) shall be carried over automatically into the next 
                        semiannual allocation period (March 1 to July 31) in the same allocation
                        year (August 1 to July 30). 
               
             (3)      Allotments not awarded at the end of any allocation year (August 1 to July 31)
                        shall be treated as surplus and may be considered by the City Council in establishing
                        the annual residential development allocation in the following year, but shall not
                        automatically carryover.

 
(h)      Additional Allocations For Projects Of Special Merit Or Subject To Special Hardship 
           In any one allocation year, the City Council may, upon advice of the City Manager and 
           Planning Commission, award up to thirty (30) residential development allotments in addition
           to the normal yearly allocation provided for in Section 1211.04(a) to projects of special merit 
           or subject to special hardship,including:
            (1)       Projects in which at least twenty-five (25) percent of the units to be built 
                       are deed restricted to housing for the elderly over sixty-two years of age or 
                       disabled persons or are classified as affordable housing units as defined in 
                       this Code; or
            (2)      The project is a mixed-use commercial/residential development that will
                       contribute substantially to the preservation, enhancement and revitalization 
                       of the downtown area of the City; or 
            (3)      Already approved subdivision plans that are proposed to be redesigned in such
                       a manner that substantially advances the goals of the Comprehensive Plan and 
                       accomplishes one or more of the following purposes:substantially lessens the 
                       impact on public services and facilities, reduces overall densities, improves
                       protection of sensitive natural areas such as wetlands, riparian areas, wildlife
                       habitat, and woodlands, or provides additional public amenities such as parks, 
                       green ways, and open space, or
             (4)     Where exceptional or other unusual conditions exist that are not common
                       to other similarly situated developments, where the property in question
                       will not yield a reasonable return in the foreseeable future or there will not be 
                       any beneficial se of the property in the foreseeable future without an allotment 
                       being awarded during the current allocation period, and  provided that such allotment 
                       will not have the effect of nullifying or impairing the intent and purpose of this Chapter.

(i)          Adjustment of Annual Development Allocation
              
If conditions warrant, the City Council, upon advice by the City Manager and Planning
              Commission based on the criteria set forth in Section 1211.07(a) of this Chapter, may
              increase or decrease the annual allocation on or before January 1 of each allocation year.
              However, if the allocation is reduced, it shall not reduce or revoke any allotments made
              pursuant to the previously existing allocation.

Section 1211.05    Development Allotment Application Procedures

  1. Application for Allotment
    The application for an allotment shall be completed on a form provided by the City
    Manager. Such application shall specify:
    1. The number of allotments requested in terms of residential units;

    2. A development schedule showing the elapsed times projected for each phase of
      the development process;

    3. Other documentation and information that the City Manager or the Planning
      Commission may require in order to review the application and apply the
      standards and obtain compliance with the intent and purposes of this Chapter.

    4. An "applicant" for a residential development allotment under Chapter 1211
      must be the title owner in fee simple of the property and supply a copy of the
      deed evidencing such ownership at the time of making application for the
      residential development allotment for a specific lot or make available to the
      City Manager a copy of the recorded plat of the subdivision wherein the lot
      which is the subject of the application is located showing the applicant to be
      the owner of the platted subdivision.

    5. For purposes of Chapter 1211, an "applicant" may also be an individual,
      ownership entity or organization which has a legally valid and enforceable
      option contract or purchase agreement for a residential lot. The title owner in
      fee simple of the lot shall, however, be considered to be a co-applicant for
      purposes of the "Maximum Allotment" provision set forth in Section
      1211.04(e) and for purposes of the minimum of one automatic allotment per
      year per applicant set forth in Section 1211.05(c). In other words, the coapplicant
      owner shall have the total number of allotments to which the owner
      may be entitled reduced by the number of allotments awarded to co-applicant
      option holders or purchasers and will lose any right the co-applicant owner
      may have to one automatic allotment per year. In the event that through this
      process the number of applicants is reduced below the number of available
      allotments, a random selection for the balance of the semi-annual allotments
      will be conducted. The option holder or purchaser shall not be a family
      member, business associate, agent, employee or related in any way to the coapplicant
      title owner in fee simple.

  2. Application Deadline
    All applications for a Residential Development Allotment shall be submitted according
    to the following schedule:



  3. Limitation On Number Of Applications
    An individual, ownership entity, or organization may submit only one (1) allotment
    application per lot in each allocation period. However, there shall be no limitation on
    the number of separate lots within a contiguous development or physically separate
    developments for which allotment applications may be submitted by an individual or
    organization except as provided in Section 1211.04.

  4. Completeness Determination/Additional Information
    The City Manager shall review for completeness all applications for allotments and
    certification of exemption or priority. If the application is determined to be incomplete
    so that review and processing are not possible, the City Manager shall reject it and
    notify the applicant in writing of such rejection and the reasons therefore, within ten
    (10) working days. If determined to be complete, the City Manager shall notify the
    applicant in writing within ten (10) working days. If the City Manager determines that
    the application is substantially complete but that additional information is needed to
    adequately evaluate the application, he shall notify the applicant in writing within ten
    (10) working days. Failure to submit the requested information within ten (10)
    working days from the time the notification is mailed to the applicant shall preclude
    the application from being reviewed and processed during that semiannual allocation
    period.

  5. Changes In Allotment Request
    Once submitted, an applicant may not alter its application to request an increased
    number of allotments.

  6. Fee For Review Of Application
    Each allotment application shall be accompanied by a processing fee as may be
    established by resolution of the City Council. Such fees shall be nonrefundable.
    Additional fees are not required for processing of the same allotment application, if
    substantially unaltered, during successive allocation periods. The allotment processing
    fee shall be in addition to all other City development processing and permit fees.

  7. Residential Development Allotment Recommendation and Award
    1. The City Manager shall, utilizing the allocation formula set forth in Section
      1211.06, calculate allotments for the semiannual allotment period. The City
      Manager shall also make recommendations for additional allotments for
      projects of special merit/hardship or reservations as defined in this Chapter.

    2. No later than thirty (30) days prior to the semiannual allocation award date, the
      City Manager shall report to the Planning Commission the allotments
      proposed pursuant to the formula contained in Section 1211.06, including
      deductions for exempt projects from the previous allocation year, reservations
      previously granted for the construction year under consideration, and projects
      of special merit/hardship. Within fourteen (14) days after receipt of the
      evaluation report from the City Manager, the Planning Commission shall hold
      a public hearing to take testimony on the recommendations of the City
      Manager. Within fourteen (14) days after the conclusion of such hearing, the
      Planning Commission shall award such allotments pursuant to the formula
      contained in Section 1211.06, including deductions for exempt projects from
      the previous allocation year, reservations previously granted for the
      construction year under consideration, and projects of special merit/hardship.

    3. If the City Manager has made recommendations for an award of allotments for
      projects of special merit or special hardship pursuant to Section 1211.04, the
      Planning Commission shall also consider such recommendation at the same
      hearing. Within fourteen (14) days after the conclusion of such hearing, the
      Planning Commission shall make a recommendation to the City Council
      regarding award of allotments for such special projects according to the criteria
      set forth in Section 1211.04. Upon receipt of the Planning Commission's
      recommendations, the City Council shall approve or deny an allotment for a
      project of special merit or hardship as provided in Section 1211.04.

    4. Where additional time is needed to fully evaluate the recommendations of the
      City Manager, the Planning Commission may extend the allotment award date
      by up to thirty (30) days.

    5. During any allocation year, the Planning Commission shall not award
      development allotments or a combination of allotments and reservations in
      excess of the number determined by the City Council to be available for award
      pursuant to Section 1211.04 (Annual Residential Development Allocation).

  8. Notification of Allotment
    1. Upon finalization of the allotments awarded by the Planning Commission and
      City Council, if applicable, the City Manager shall publish such allotments by
      posting at City Hall.

    2. All applicants who received an allotment shall be notified by mail. Successful
      applicants may apply for issuance of a Zoning Certificate for the applicable
      number of residential dwelling units subject to complying with requirements of
      all other applicable City Chapters and regulations.

  9. Withdrawal of Allotment Application
    An applicant may elect to withdraw an allotment application without prejudice at any
    time prior to an allotment being made by the Planning Commission.

  10. Transferability Of Allotments
    1. All allotments granted pursuant to this Chapter shall be valid only for the
      individual lot or lots which were the subject of the application unless they are
      revoked or expire in accordance with provisions herein. Allotments awarded
      to one lot may be transferred to another legally-established lot within the same
      development or subdivision, provided, however, that the subject lots are under
      common ownership.

    2. An allotment which has been granted to a particular lot shall remain with that
      lot upon conveyance of that lot to another person, except in situations where
      the lot is conveyed back to the person who was the owner or applicant at the
      time of the award of the allotment. Additionally, allotments granted to an
      applicant who has an option contract or purchase agreement on a lot may not
      be transferred to any other person, including the grantor of the option or the
      seller of the subject lot without the express written approval of the City
      Council.

Section 1211.06    Residential Development Allotment Calculation

  1. Semiannual Allocation
    For each semiannual allocation period, the total number of allotments available shall be
    calculated by dividing the annual allocation by two (2).

  2. Prorata Allotment Formula
    For each semiannual allocation period, the number of allotments to be award to each
    applicant shall be equal to the number of allotments requested by that applicant
    multiplied by the total number of allotments available in that allocation period divided
    by the total number of allotments requested in that allocation period. Prior to
    allocation, however, all applicants shall be granted a minimum of one automatic
    allotment requested in that allocation period, and such proration shall be subject to all
    other provisions of this chapter affecting allocations and grants of allotments.
    Nevertheless, no more than one (1) automatic allotment shall be awarded to an
    applicant in any one year.

    Explanatory Note: The proposed allotment system is a prorata one, that is, an
    applicant will receive a prorata share of the allotments available based on the number
    of allotments it requests. To ensure equity for small applicants, every applicant
    receives at least one allotment. For example, assume there are 50 units available in
    the first semiannual of the year for allotment to applicants with priority status.
    Applicant Smith requests 20 units, and the overall number of requests by 10 applicants
    is for 100 units. Applying the formula above produces an allocation of 9 units for
    Applicant Smith as follows:

    Step 1: Award one allotment to each applicant (10), which leaves 40 allotments for
    award. Smith gets 1 unit.

    Step 2: Apply Formula
    Allotments Requested By Smith (20) X Total Number Available (50-10=40) = 8

    Units  
      Total Requested (100)
    Step 3: Add Step 1 and Step 2 for total allotment = 9 Units

  3. Insufficient Allotment Availability
    If insufficient allotments are available to allow a minimum automatic allocation of one
    allotment per applicant, a random selection shall be held by the City Manager to
    determine the order in which allotment requests are awarded.

  4. Excess Allotments
    In the event that fewer allotments are requested than are available during any allotment
    period, the City Manager shall grant all allotments requested within two weeks of the
    application date without further action of the Planning Commission or City Council.

  5. Rounding Down Of Allotments
    Allotments shall be rounded downwards for fractional numbers.

  6. Replacement of Existing Allotments
    Only if there are excess allotments available during any allotment period after the
    award of allotments to all applicants possessing lots for which no allotment has yet
    been awarded or for which a previously awarded allotment has expired, or will expire
    at the next award date, may such excess allotments be awarded on a pro-rata basis to
    all lots which applicants already possess on the date of award a valid residential
    developmental allotment for each such lot.

Section 1211.07    Review And Monitoring

  1. Annual Allocation Review
    The City Manager shall, at least on an annual basis, review the rate, amount, and
    location of residential development in the City, monitor the impacts of such
    development, and determine whether such development is in accord with the policies
    and goals of the 2004 Comprehensive Plan.

    1. Content of Review Report. The annual review report by the City Manager
      shall include, at a minimum, projected municipal revenues and expenditures in
      the coming year, progress in providing necessary infrastructure and services to
      cure existing deficiencies and serve new development, job growth and
      accompanying income tax revenues, data indicating the number of residential
      dwelling units allocated by type and location during the prior year, any current
      reservations for future development, a recommendation regarding a preferred
      residential development allocation for the next annual allocation period, and
      proposals for procedural or substantive changes to improve the administration
      and operation of this Chapter. In addition, the report may include other data
      and information that the City Manager determines would be relevant to the
      Planning Commission and the City Council in establishing an annual allocation
      for the following allocation year.

    2. Submission of Review Report. The City Manager shall submit the review
      report to the Planning Commission no later than April 1 of each allocation

      year or at such earlier times as the City Manager deems appropriate in light
      of the level of residential development in the community, capacity of
      infrastructure, and projected municipal revenues and expenses. Within
      fourteen (14) days after receipt of the report, the Planning Commission shall
      hold a public hearing to take testimony on the recommendations of the City
      Manager. Within fourteen (14) days after the conclusion of the hearing, the
      Planning Commission shall make a recommendation to the City Council to
      establish a residential development allocation for the next annual allocation
      period.

    3. City Council Action. Prior to adoption of an annual residential development
      allocation, the City Council shall hold a public hearing at which comments on
      the review report and recommended allocation are solicited from the City
      Manager, the Planning Commission, and public-at-large. By June 15 of each
      year, the City Council shall establish a residential development allocation for
      the next annual allocation period.

  2. Expiration of Allotment
    An allotment granted pursuant to this Chapter shall be valid for two years from the date
    it is awarded. An allotment for a residential unit for which construction has not begun
    within two years of such award shall automatically expire.

    1. If construction of a residential unit for which an allotment has been awarded
      has not commenced within two years of such award, the owner shall be
      required to secure a new allotment to construct a residential unit.

    2. The number of allotments that have expired in any one year shall be considered
      in establishing the next annual allocation.

Section 1211.08    Appeals And Relief

  1. Appeals
    1. Any party-in-interest aggrieved by a final decision or order of the City
      Manager or Planning Commission pursuant to this Chapter may appeal to the
      City Council. All appeals shall be filed within ten (10) days after such final
      decision or order. Upon the filing of an appeal, the City Manager or Planning
      Commission, as relevant, shall forward to the City Council all relevant files
      and records relating to the matter.

    2. The filing of an appeal shall not stay the action of the City Manager or
      Planning Commission.

    3. The City Council may affirm, modify, or overrule the decision of the City
      Manager or Planning Commission based on the criteria provided in this
      Chapter.

    4. If as a result of a successful appeal, additional allotments are made, the City
      Council shall instruct the City Manager as to how many dwelling units shall
      receive allotments, when such allotments are to be made, and what effect such
      allotments will have on the current or subsequent annual allocation to ensure
      that the annual residential dwelling unit allocation established pursuant to
      Section 1211.04 is not exceeded.

    5. Any party-in-interest aggrieved by a final decision or order of the City Council
      pursuant to this Chapter may appeal as provided by law.

  2. Hardship Relief
    1. If an applicant for an allotment who has complied with all requirements of the
      Residential Development Allotment System fails to receive an allotment in two
      successive semiannual allotment periods and maintains that no reasonable use
      of its property remains due to the failure to receive an allotment, the applicant
      may apply to the City Council for relief pursuant to the terms and conditions
      set forth below.

    2. Upon filing an application for hardship relief, the City Manager shall forward
      to the City Council all relevant files and records relating to the subject
      application together with a recommendation regarding relief as may be
      necessary and appropriate to relieve any undue hardship.

    3.  The City Council may review the relevant application and allotment, take
      testimony from City staff, the applicant, and other persons as it deems
      appropriate, and review any other documentary evidence submitted by the
      applicant.

    4. At the conclusion of its review, the City Council may take any or a
      combination of the following actions that will substantially relieve the alleged
      hardship in a manner most consistent with the purposes and intent of this
      Chapter.
      1. Grant the applicant an allotment for all or a specified number of
        dwelling units requested in the next allocation period or extended
        prorata over several allocation periods. All such allotments shall be
        deducted from the available annual allocation for that allocation year or
        subsequent years.
      2. Offer to purchase the property or an interest therein at fair market
        value.
      3. Offer other such relief as may be necessary and appropriate.
      4. Deny the application for relief.

Section 1211.09    Rules of Procedure And Administrative Regulations

The Planning Commission is authorized to adopt rules of procedure and administrative regulations to
implement the provisions of this Chapter.

Section 1211.10    Relationship to Other Ordinances

  1. Zoning Certificates
    No Zoning Certificate relating to any non-exempt residential development shall be
    issued until the applicant shall have been awarded a residential development allotment
    whenever such an allotment is required by the terms of this Chapter.

  2. Conflict
    To the extent of any conflict between this Chapter and any other City ordinance or
    regulation, the more restrictive is deemed to be controlling. Otherwise, all provisions
    and procedures contained in those ordinances and regulations and in this Code shall
    remain in full force and effect and shall regulate all changes in land use and
    development.

  3. Compliance With Other Ordinances. In addition to the requirements of this Chapter,
    the applicant shall comply with all other applicable City land development ordinances
    and regulations prior to the City issuing a zoning certificate.

Section 1211.11    History of This Chapter/Effective Date

This Chapter was adopted as Growth Management Ordinance No. 96-31 by the City Council of the City of Hudson, and became effective, on May 11, 1996.