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Section 1203.03    Code Amendments

  1. Initiation
    Applications for text or official zoning map amendments may be initiated by the
    following:
    1. By motion of the Planning Commission;

    2. By adoption of a resolution by City Council;

    3. By application for a rezoning by one or more of the owners, holders of options
      to purchase, or lessees of the property for which the amendment or
      supplement is requested.

  2. Private-Party Initiated Applications for Code Amendments (Rezonings)
    All applications for text or official zoning map amendments or supplements initiated
    pursuant to Subsection (a)(3) above, shall comply with the following requirements:
    1. Site-specific development plan required. All applications seeking to amend
      this Code to allow a change from one zone district to a different zone district
      (e.g., a request to rezone from District 2 to a District 1 or a request to rezone
      from District 2 to District 10 or District 8), or seeking to amend this Code by
      changing the permitted uses in any zone district, shall be accompanied by a
      site-specific development plan.

    2. Contents of site-specific development plan. At a minimum, a site-specific
      development plan shall include the following information:
      1. Uses proposed;
      2. Intensity or density of uses proposed;
      3. Location of public and private open space;
      4. Location of existing and proposed buildings on the site;
      5. Road, street, and pedestrian networks proposed;
      6. Existing or proposed utilities and public services for the development;
        and
      7. All other submittal requirements set forth in Appendix A to this Code
        for applications for a code amendment.

    3. Exceptions. When a parcel held under single and common ownership is
      classified in this Code as falling into two or more different zone districts as of
      the effective date of this Ordinance, an application to rezone a portion or
      portions of that parcel so that the zone district classification is the same for the
      entire parcel may be allowed in the absence of a site-specific development
      plan.

  3. Procedures for Approval
    1. PC or City Council initiated applications for text or official zoning map
      amendments shall follow the core development approval process set forth in
      Section 1203.02 of this Chapter, except for the following modifications:
      1. Before Step 4: City Council--First Reading. City Council shall initiate
        action by completing a first reading of the application, in ordinance
        form. The City Council shall then refer the application to the PC for
        the PC's formal consideration.
      2. Step 4: Planning Commission Action or Recommendation. The PC
        shall conduct a public hearing, make specific recommendations to the
        City Council, and transmit the application to the City Council,
        together with the text and map amendments pertaining thereto, within
        one-hundred, twenty (120) days from receipt of the City Council's
        referral.
      3. Step 5: City Council Action. After the PC's public hearing and
        recommendation on the amendment application, the City Council shall
        hold a public hearing and take final action within twenty (20) days of
        said public hearing. An amendment before the City Council for
        consideration shall take effect only if passed or approved by not less
        than five (5) members of the City Council.

    2. Private-party initiated applications for text or official zoning map amendments
      shall follow the core development approval process set forth in Section
      1203.02 of this Chapter, except for the following modifications:
      1. Step 4: Planning Commission Action or Recommendation. PC action
        shall first consist of a preliminary review of the application at a public
        meeting of the PC. Within thirty (30) days from the date of the PC's
        public meeting, the applicant shall prepare a final site-specific
        development plan that incorporates any changes or modifications
        required or suggested by the PC at the preliminary review.
      2. Step 5: City Council Action (and PC Public Hearing). City Council
        shall initiate action by completing a first reading of the applicant's
        final site-specific development plan and application, in ordinance
        form. The City Council shall then refer the final site-specific
        development plan and application back to the PC for the PC's formal
        consideration at a public hearing, with the PC making specific
        recommendations to the City Council, together with the text and map
        amendments pertaining thereto, within one hundred and twenty (120)
        days from receipt of the City Council's referral.
      3. New Step 5-A: City Council Final Action. After the PC's public
        hearing and recommendation on the final site-specific development
        plan and application, the City Council shall hold a public hearing and
        take final action on the final site-specific development plan and
        application within twenty (20) days of said public hearing. An
        amendment before the City Council for consideration shall take effect
        only if passed or approved by not less than five (5) members of the
        City Council.

  4. Standards for Review
    All applications for text or zoning map amendments shall be reviewed by the PC and
    City Council for compliance with the standards and criteria set forth in Section
    1204.01 of this Code.

  5. Public Examination of Documents
    During the thirty (30) day period following the publication of notice of public hearing
    before the City Council, the text or a copy of the text of a proposed amendment,
    together with the maps or plans or copies thereof that form part of or are referred to in
    such amendment or supplement, and the maps, plans, and reports submitted by the
    Planning Commission (See subsection (b)(2) above.), shall be on file for public
    examination in the office of the Clerk of Council.

  6. Effective Date of Amendment
    Amendments or supplements adopted by the City Council shall become effective
    under the provisions of the Charter of the City of Hudson.

  7. Zoning Map Amendments
    When an amendment to this Code that changes the zoning of any area becomes
    effective, it shall be the duty of the City Manager to cause such change to be entered
    on the Official Zoning Map on file in the office of the Clerk of Council.

  8. Effect of Approvals and Lapse
    1. If an applicant fails to commence substantial construction or action with
      regard to the code amendment (rezoning) approval within one (1) year from
      the effective date of the amendment and to complete such construction or
      action within two (2) years of the effective date of the amendment, such sitespecific
      development plan shall automatically lapse and become null and void.
      All of the land area included in the site-specific development plan shall
      automatically revert to the original zone district designation and be subject to
      all zoning and subdivision ordinances and regulations otherwise applicable.
    2. During the period during which an approved site-specific development plan is
      effective, no subsequent change or amendment to this Code or any other
      governing ordinance or plan shall be applied to affect adversely the right of
      the applicant to proceed with any aspect of the approved development in
      accordance with the terms of such site-specific development plan approval.

  9. Minor Modifications of Approved Site-Specific Development Plan
    Minor modifications of the final site-specific development plan may be authorized by
    the City Manger pursuant to Section 1203.08, "Minor Modifications," below.

  10. Amendments to an Approved Site-Specific Development Plan
    Any change or modification to an approved site-specific development plan that does
    not qualify as a minor modification pursuant to subsection (i) above must be
    submitted as a new application for approval of a preliminary PD plan and follow the
    procedures set forth in Section 1203.04, "Planned Developments," of this Chapter.

  11. Applications for Zoning Certificates During Consideration of Application for
    Amendment to this Code
    1. Whenever an ordinance has been introduced in City Council that involves a
      change in zoning from a less restricted district to a more restricted district, or
      to set forth prohibited uses in any existing zone district, no zoning certificate
      shall be issued for a period not to exceed 180 days from the date of the
      introduction of such zoning amendment ordinance when such zoning
      certificate would authorize the construction of a building or the establishment
      of a use that would become nonconforming under the contemplated zoning
      amendment.
    2. If such ordinance is not adopted within 180 days, the appropriate public entity
      is authorized to accept applications and issue zoning certificates regardless of
      the pendency of such amendment ordinance.

  12. Applications
    Applications for amendments or supplements to this Code shall be submitted to the
    City Manager upon such forms as approved by the Planning Commission.

  13. Submittal Requirements
    See Appendix A for submittal requirements for applications to amend or supplement
    this Code.