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Land Development Code - City of Hudson, Ohio

Chapter 1203    Development Review And Administration Procedures

Section 1203.01    General Provisions

The following general provisions shall apply to all applications under this land development code:

  1. Authority to File Applications
    An application for development review or approval under this Code shall be filed by
    the person having legal authority to take action in accordance with the approval
    sought. The person is presumed to be the record owner, purchaser under a sale, or
    the duly authorized agent of the record owner in the absence of satisfactory proof to
    the contrary. The City Council or Planning Commission may initiate code
    amendment action under this Code with or without an application from property
    owner(s) who may be affected.

  2. Applications
    Applications required under this Chapter shall be submitted on forms provided by the
    City Manager in such numbers as required by the City Manager. Applications shall
    be accompanied by a non-refundable fee established by the City Council to defray
    the costs of processing applications and by any required escrow funds.

  3. Incomplete Applications or Insufficient Fees
    Applications shall be reviewed for completeness within seven (7) days of filing. If
    the City Manager determines that the application is complete, the application shall
    then be processed. If the City Manager determines that it is incomplete, he shall
    return the application to the applicant as incomplete and specify the specific ways in
    which the application is deficient. No further processing of the incomplete
    application shall occur until the deficiencies are corrected. Any application that is not
    accompanied by the required fee shall be found incomplete. Fees shall not be
    required with applications initiated by the Planning Commission, City Council, or
    City department heads.

  4. Required Times for Action and Inaction
    Whenever the provisions of this Chapter require that reviewers or decision-makers
    take action on an application within a specified period of time and such action is not
    taken within that time-frame, such inaction shall be deemed a denial of the
    application unless the applicant agrees to an extension of the time period.

  5. Concurrent Review or Joint Applications
    At the election of the applicant and with the concurrence of the City Manager,
    applications for different types of development approvals may be processed
    concurrently whenever possible to expedite total review and processing time for a
    project. Alternately, an applicant may consolidate an application for site plan
    approval with an application for subdivision plan approval, conditional use approval,
    variances, or modifications, provided that such joint or consolidated application shall
    be submitted in a form that satisfies the site plan requirements of this Code and the
    provisions, as applicable, governing subdivisions, conditional uses, variances, or
    modifications. The time frame and approval process for a consolidated application
    shall follow the longest time frame and approval process required from among the
    combined application types.

  6. Application Processing Schedule
    The City Manager, after consulting with the Planning Commission and City Council,
    may from time to time promulgate a processing schedule for each type of application.
    Each promulgated processing schedule shall include:
    1. Dates of regular meetings of the reviewing bodies and decision-makers;
    2. The deadline for receipt of a complete application for consideration of such
      application at a particular meeting;
    3. The scheduling of staff reviewing and staff reports on complete applications;
    4. All necessary steps in the application process (including hearings, decision
      meetings, and review by other bodies); and
    5. The publication of required notices of hearings.
    6. Mailed notice to adjacent property owners.

  7. Permitted Scope of Action by Decision-Makers
    The body holding the hearing may take any action on the application that is
    consistent with the notice given, including approving the application, approving the
    application with reasonable conditions, or denying the application. The reviewing
    body may impose conditions on the application or allow amendments to the
    application if the effect of the conditions or amendments is:
    1. To reduce the impact of the development; or
    2. To reduce the amount of land area included in the application.

      The review body may not approve a greater density of development, a more intensive
      use, or a more intensive zoning classification than what was indicated in the notice.

  8. Continuation of Hearings
    A hearing for which proper notice was given may be continued to a later date without
    again complying with the notice requirements of this Chapter, provided that the
    continued hearing is set for a certain date and time.

  9.  Extension of Time Limits
    1. Any decision-making body shall have the discretion to extend the time
      periods set forth in this Chapter for review and final decision on a
      development application upon a finding that the projected size, complexity,
      anticipated impacts, or other factors associated with the proposed
      development clearly justify such extension of time. Only one such extension,
      up to a maximum of sixty (60) days, shall be granted.
    2. Any other extension of the time periods for review and action specified in
      this Chapter may be extended only if the applicant agrees in writing to an
      extension of time.

  10. Submittal Requirements
    A schedule of submittal requirements for each type of development application is set
    forth in Appendix A to this Code. The schedule of submittal requirements shall be
    reviewed annually and shall be adjusted by resolution, if necessary, by City Council.

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.

 

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.

Section 1203.04    Planned Developments

  1. Applicability
    Planned Developments may be approved in any zone district in which the zone
    district regulations (see Chapter 1205) expressly permit such projects, subject to the
    standards set forth in Section 1204.02 of this Code, and the approval procedures set
    forth in this Section.

  2. Consolidation with Subdivision Approval
    The applicant shall consolidate an application for Preliminary PD Plan approval with
    an application for preliminary subdivision plan approval, and shall consolidate an
    application for Final PD Plan approval with an application for final subdivision plat
    approval. Such consolidated application shall be submitted in a form that satisfies
    both the planned development requirements of this Code and the provisions,
    including submittal requirements, governing subdivisions. The time frame and
    approval process for the consolidated PD/subdivision application shall follow the
    time frame and approval process set forth in this section. An approved Final PD Plan
    shall be recorded as the final subdivision plat.

  3. Procedures for Approval of a Preliminary PD Plan
    Planned Developments, similar to subdivisions, are first approved in preliminary
    form, and then approved in final form. Applications for approval of a Preliminary
    PD Plan shall follow the core development approval process set forth in Section
    1203.02 of this Chapter, except for the following modifications:
    1. Step 1: Pre-Application Conceptual Review Meeting. A pre-application
      conceptual review meeting shall be mandatory for all persons intending to
      submit an application for approval of a Preliminary PD Plan.

    2. Step 4: Planning Commission Action. The PC's role shall be to review all
      applications for Preliminary PD Plans and make a recommendation to the
      City Council to either approve, approve with conditions, or deny the
      application based on its compliance with the standards set forth in Section
      1203.04(e) below. If the PC recommends approval of an application with
      conditions, before proceeding to Step 5, City Council Review and Action, the
      applicant shall resubmit to the PC a revised Preliminary PD Plan that reflects
      any changes or modifications required or suggested by the PC in its initial
      review. Within sixty (60) days of receipt of the revised Preliminary Planned
      Development plan, the PC shall complete its review and take action by
      recommending to the City Council that the application and PD Plan as
      revised either be approved with the prior conditions in place or denied.

  4. Procedures for Approval of a Final PD Plan
    A Final PD Plan may cover the entire area covered by the Preliminary PD Plan, or it
    may include only a phase or phases of the Preliminary PD Plan. Applications for
    approval of a Final PD Plan shall follow the core development approval process set
    forth in Section 1203.02 of this Chapter.

  5. Standards for Review
    All applications for Planned Developments shall demonstrate compliance with the
    requirements and review standards set forth in Section 1204.02 of this Code.

  6. Effect of Approvals
    1. Effect of Approval of a Preliminary PD Plan.
      1. An approved Preliminary PD Plan shall be valid for a period of
        twelve (12) months from the date of the City Council's action.
      2. Application for approval of a Final PD Plan for all or any phase of
        the Preliminary PD Plan may be made at any time within the twelvemonth
        period. An approved application for a Final PD Plan for any
        phase or portion of the Preliminary PD Plan shall extend the life of
        the Preliminary PD Plan for an additional twelve (12) month period
        from the date the Final PD plan is approved. If the original or any
        successive twelve (12) month period expires before a completed
        application for Final PD Plan approval is submitted, unless a different
        time frame is specified in the development agreement, the
        Preliminary PD Plan approval shall automatically lapse and be null
        and void and all of the area included in the preliminary plan for
        which final PD approval has not been given shall be subject to the
        zoning and subdivision regulations otherwise applicable to them.
      3. During the period an approved Preliminary PD 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 Preliminary PD Plan approval,
        except that the applicant shall comply with those local laws and
        regulations adopted subsequent to the approval of such Preliminary
        PD Plan if the City Council determines, on the basis of written
        findings, that compliance is reasonably necessary to protect the
        public health, safety, or welfare.

    2. Effect of Approval of a Final PD Plan.
      1. An approved Final PD Plan shall be valid for a period of two (2)
        years from the date of the Planning Commission=s action.
      2. During the period an approved Final PD 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 Final PD Plan approval, except
        that the applicant shall comply with those local laws and regulations
        adopted subsequent to the approval of such Final PD Plan if the City
        Council determines, on the basis of written findings, that compliance
        is reasonably necessary to protect the public health, safety, or
        welfare.
      3. Within the two-year period, the developer shall:
        1. Record the Final PD Plan as the final subdivision plat; and
        2. Undertake substantial construction of at least the first phase of the PD development.
          If these actions are not completed within the two-year time period,
          such Final PD Plan shall automatically lapse and become null and
          void. All of the area included in such Final PD Plan shall be subject
          to the zoning and subdivision regulations otherwise applicable to
          them.

  7. Applications
    Applications for Preliminary and Final Planned Development Plans shall be
    submitted to the City Manager upon such forms as approved by the City Manager.

  8. Submittal Requirements
    See Appendix A for submittal requirements for applications for Preliminary and
    Final Planned Developments.

  9. Modifications of Final PD Development Plan
    1. Minor modifications of the final PD development plan may be authorized by
      the City Manager as set forth in Section 1203.08, "Minor Modifications."

    2. Any change that does not qualify as a minor modification as set forth in
      Section 1203.08 shall be considered amendments and shall be processed in
      accordance with the procedure for approval of a Preliminary PD Plan.

Section 1203.05    Conditional Uses

  1. Procedures for Approval of Conditional Uses
    Applications for approval of a conditional use shall follow the core development
    approval process set forth in Section 1203.02 of this Chapter, except for the
    following modifications:
    1. Step 1: Pre-Application Conceptual Review. Pre-application conceptual
      review is strongly encouraged for all persons intending to submit an
      application for conditional use approval.

    2. Step 2: Staff Review and Report. Within thirty (30) 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 conditional use application to
      appropriate review agencies, review the conditional use application, and
      prepare the staff report.

    3. Step 3: Planning Commission Action. Within sixty (60 days) from the date
      that the application is certified as complete pursuant to Section 1203.01(c)
      above, the PC shall take final action on an application for conditional use by
      either approving, approving with conditions, or denying such application.

  2. Standards for Review
    All applications for a conditional use shall demonstrate compliance with all
    applicable criteria and standards set forth in Section 1206.02 of this Code.

  3. Lapse
    1. Failure of an applicant to commence substantial construction or action with
      regard to the conditional use approval within one (1) year of receiving
      approval of the conditional use and to complete such construction or action
      within two (2) years of receiving approval of the conditional use shall
      automatically render the decision of the PC, or the BZBA on appeal, null and
      void.

    2. If a legally established conditional use is abandoned, extinguished, or
      discontinued for a period of one (1) consecutive year or more, then the
      decision originally approving such conditional use shall automatically lapse
      and be null and void.

  4. Application
    Applications for a conditional use shall be submitted to the City Manager upon such
    forms as approved by the City Manager.

  5. Submittal Requirements
    See Appendix A for submittal requirements for an application for approval of a
    conditional use.

Section 1203.06    Nonconforming Uses/Structures/Lots

  1. Procedures for Approval of Enlargement, Extension, Replacement, or Substitution of
    Nonconforming Uses/Structures/Lots
    Applications for approval of the enlargement, extension, replacement, or substitution
    of a nonconforming use/structure/lot shall follow the core development approval
    process set forth Section 1203.02 of this Chapter, except for the following
    modifications:
    1. After Step 3 "Staff Review and Report": Review and Action by the BZBA.
      The staff report on an application for approval of the enlargement, extension,
      replacement, or substitution of a nonconforming use/structure/lot shall be
      forwarded to the BZBA. The BZBA shall review the application and staff
      report and take final action by either approving, approving with conditions,
      or denying such application. The BZBA's decision on the application shall
      be final. See Section 1202.03, for provisions relating to timing and notice
      for BZBA hearings.

      No review or action by either the PC (Step 4) or the City Council (Step 5) is
      required on an application for the enlargement, extension, replacement, or
      substitution of a nonconforming use/structure/lot.

    2. Step 6: AHBR Review and Action. AHBR review and recommendation or
      action subsequent to BZBA action on an application for the enlargement,
      extension, replacement, or substitution of a nonconforming use/structure/lot
      shall be required only if the approved application involves new construction
      or any alteration to the exterior architectural features of an existing
      structure(s).

  2. Standards for Review
    An application for the enlargement, extension, replacement, or substitution of a
    nonconforming use/structure/lot shall demonstrate compliance with the applicable
    standards set forth in Section 1206.05 of this Code.

  3. Application
    Applications for approval of the enlargement, extension, replacement, or substitution
    of a nonconforming use/structure/lot shall be submitted to the City Manager upon
    such forms as approved by the City Manager.

  4. Submittal Requirements
    See Appendix A for submittal requirements for an application for the enlargement,
    extension, replacement, or substitution of a nonconforming use/structure/lot

Section 1203.07    Variances

  1. Applicability
    1. The Board of Zoning and Building Appeals shall hear requests for variances
      where it is alleged that provisions of this Code inflict a practical difficulty
      upon the applicant.
    2.  See Section 1203.08, "Minor Modifications," whereby, under the
      circumstances set forth therein, the City Manager shall have authority to
      approve minor modifications from specified provisions of this Code without
      review by the BZBA for a variance.

  2. Procedure for Approval of Variances
    Applications for approval of variances shall follow the core development approval
    process set forth Section 1203.02 of this Chapter, except for the following
    modifications:
    1. After Step 3 "Staff Review and Report": Review and Action by the BZBA.
      The staff report on an application for a variance shall be forwarded to the
      BZBA. At its sole discretion, the BZBA may refer the application to the PC
      for its review and recommendation. The BZBA shall review the application
      and staff report and take final action by either approving, approving with
      conditions, or denying such application. The BZBA's decision on the
      application shall be final. See Section 1202.03, for provisions relating to
      timing and notice for BZBA hearings.

      No review or action by either the PC (Step 4) or the City Council (Step 5) is
      required on an application for a variance.

  3. Standards for Review
    All applications for variances shall demonstrate compliance with the standards and
    criteria set forth in Section 1204.03 of this Code.

  4. Requirement of Guarantee
    In authorizing a variance with attached conditions, the BZBA shall require such
    evidence and guarantee or bond as it deems necessary to guarantee compliance with
    such attached conditions.

  5. Lapse
    Failure of an applicant to commence substantial construction or action with regard to
    the variance approval within one (1) year of receiving approval of the variance and to
    complete such construction or action within two (2) years of receiving approval of
    the variance shall automatically render the decision of the BZBA null and void.

  6. Application
    Applications for variances shall be submitted to the City Manager upon such forms
    as approved by the City Manager.

  7. Submittal Requirements
    See Appendix A for submittal requirements for an application for variance.

Section 1203.08    Minor Modifications

  1. Applicability
    The City Manager shall have the authority to grant minor modifications to approved
    site plans, site-specific development plans, final PD plans, and final subdivision plats,
    and from specified development standards as set forth below:
    1. Minor Modifications to Approved Site Plans. The City Manager may grant
      minor modifications and amendments to an approved site plan provided the
      City Manager finds that such modification advances the goals and purposes of
      this Code and results in more effective environmental or open space
      preservation or relieves practical difficulties in developing a site for
      reasonable economic use. In no circumstance, however, shall the City
      Manager approve a modification or amendment that results in:
      1. An increase in building height by greater than ten (10) percent; or
      2. An increase in the ratio of floor area to lot area, or impervious surface
        coverage, by greater than ten (10) percent as calculated on a total
        project basis.

    2. Minor Modifications to Other Approved Plans/Plats. The City Manager may
      grant minor modifications and amendments to an approved site specific
      development plan, final PD plan, or final subdivision plat provided the City
      Manager finds that such modification advances the goals and purposes of this
      Code and results in more effective environmental or open space preservation
      or relieves practical difficulties in developing a site for reasonable economic
      use. In no circumstance, however, shall the City Manager approve a
      modification or amendment that results in:
      1. An increase in overall project density;
      2. An increase in the amount of impervious coverage or ratio of floor
        area to lot area;
      3. A decrease in lot size; or
      4. A change in permitted uses or mix of uses.

    3. Minor Modifications from Zoning Development and Site Plan Standards. The
      City Manager may grant minor modifications up to a maximum of ten (10)
      percent from the following development and site plan standards, provided the
      City Manager finds that such modification advances the goals and purposes of
      this Code and either results in less visual impact or more effective
      environmental or open space preservation or relieves practical difficulties in
      developing a site for reasonable economic use:
      1. Minimum lot area requirements;
      2. Yard and building setback requirements;
      3. Structure height requirements;
      4. Driveway access standards;
      5. Tree/vegetation protection standards; or
      6. Stream corridor, riparian area, or wetland setback requirements.
      7. Landscape screening or planting area dimensions only in Districts 6 and 8.

    4. In determining "practical difficulties," the City Manager shall consider and
      apply the factors set forth in Section 1204.03(a) of this Code.

    5. In granting such minor modifications, the City Manager may require
      conditions that will secure substantially the objectives of the standard so
      varied or modified and that will substantially mitigate any potential adverse
      impact on the environment or on adjacent properties, including but not limited
      to additional landscaping or buffering.

  2. Procedure for Approval of Minor Modifications
    1. Within fourteen (14) days of the submittal of a complete application for
      approval of minor modifications, the City Manager shall either approve,
      approve with conditions, or deny the application. The City Manager shall
      consult, when appropriate, with other city agencies such as the City Engineer
      or City Community Development Staff prior to making his decision. All
      denials shall be in writing to the applicant, with the reasons for such denial
      specified.
    2. Minor modifications to an approved site plan or approved site specific
      development plan, final PD plan, or final subdivision plat shall be noted on a
      revised plan, which shall be plainly marked as AAmended,@ and submitted to
      the City Manager. The City Manager shall note the terms of the approved
      modification or amendment directly on the amended plan and affix his
      signature and the date of approval, and subsequently notify the Planning
      Commission of action taken. For amended final subdivision plats, the
      applicant shall thereafter record the amended plat with the County Recorder.
    3. The City Manager shall specify any approved minor modifications from
      development standards and the justifications for such modification on the
      pending development application for which the modifications were sought,
      set forth his written findings, and affix his signature and the date thereon.

  3. Application
    Applications for minor modifications shall be submitted to the City Manager upon
    such forms as approved by the City Manager.

  4. Submittal Requirements
    See Appendix A for submittal requirements for an application for minor
    modifications.

Section 1203.09    Site Plan Review

  1. Step 1:  Pre-Application Conceptual Review
    Purpose.  The purpose of the site plan review process is to ensure compliance with the zoning
    standards and provisions of this Code, while encouraging quality development in the
    City reflective of the goals, policies, and objectives found in the Comprehensive
    Plan.

  2. Applicability
    1. All development in the city, including construction of a single-family
      dwelling on an individual lot, shall be subject to the site plan review
      procedures set forth in this section. No development or construction activity,
      including tree/vegetation removal or grading, shall occur on property subject
      to this section until a site plan has been approved.

    2. Site plans for minor developments, as defined in this section, may be finally
      approved by the City Manager in lieu of final action by the Planning
      Commission, except when such site plan is either transmitted to or called up
      by the PC, in which case the PC shall have final approval authority.

    3. Site plans for all other developments, including major developments, as the
      latter is defined in this section, shall be finally approved by the Planning
      Commission, except when such site plan is called up by the City Council, in
      which case the City Council shall have final approval authority.

  3. Coordination with Conditional Use Approval
    Applications for approval of a conditional use may be processed concurrently or
    joined with the application for site plan approval required herein. A joint application
    for site plan and conditional use approval shall be submitted in a form that satisfies
    the requirements of both this chapter and the conditional use provisions (See Section
    1203.01(e) above).

  4. Minor Development Defined
    "Minor development" means:
    1. New construction of one single-family dwelling that will not require off-site
      construction of any new street or road; or

    2. New construction, including renovations, alterations, or expansions to an
      existing building, that involves an increase in existing building footprint, or
      impervious coverage of the site of ten (10) percent or less and is not greater
      than one-thousand (1,000) square feet, or two-thousant (2,000) square feet in Districts 6 and 8; or

    3. Establishment or increase in outdoor restaurant seating of no more than
      twelve (12) seats; or

    4. Expansion of an existing parking lot of up to ten (10) parking spaces or up to
      ten percent of spaces, whichever is less.

  5. Major Development Defined
    "Major development" means new construction, including renovations, alterations, or
    expansions of an existing building, that is:

    1. Greater than or equal to the following gross floor areas:
      1. Office Uses: 50,000 square feet.
      2. Industrial Uses: 75,000 square feet.
      3. Commercial/Retail: 25,000 square feet; or

    2. Intended for occupancy by a combination of a principal residential use and
      one or more principal non-residential uses; or

    3. On a lot or parcel that contains fifty (50%) or more land area designated as
      falling within the two highest quality ecological integrity classifications for
      any of the individual metrics or composite as set forth in Appendix B to this
      Code.

  6. Site Plan Approval Procedure for Minor Developments
    Applications for site plan approval for minor developments shall follow the core
    development approval process set forth Section 1203.02 of this Chapter, except for
    the following modifications:
    1. After Step 3 "Staff Review and Report": Action by the City Manager.
      Within sixty (60) days from the date that a submitted application is certified
      as complete pursuant to Section 1203.01(c) above, the City Manager shall
      take final action on applications for site plan approval for minor
      developments by either approving, approving with conditions, or denying
      such application based on its compliance with the standards set forth in
      Section 1204.04.

    2. Authority to Transmit Minor Development Site Plan Application to the PC.
      1. Notwithstanding the authority of the City Manager to review and
        approve site plans for minor developments as set forth herein, the
        City Manager may transmit such application to the Planning
        Commission for review and final action if the City Manager
        determines that the development's complexity, projected impacts, or
        proximity to conflicting land uses merits such action.
      2. Within forty-five (45) days from receipt of the City Manager's
        transmittal of the minor development site plan application, the PC
        shall take final action by either approving, approving with conditions,
        or denying the application, based on the site plan's compliance with
        the standards set forth in Section 1203.09(i) below.

    3. PC Authority to Call-Up Site Plan Applications for Minor Developments.
      1. Notwithstanding the authority of the City Manager to review and
        approve site plans for minor developments as set forth herein, the PC
        may call up such application for its review and final action if the PC,
        by a majority vote of its members, determines that the development's
        complexity, projected impacts, or proximity to conflicting land uses
        merits such action.
      2. Within forty-five (45) days from receipt of the minor development
        site plan application, the PC shall take final action by either
        approving, approving with conditions, or denying the application,
        based on the site plan's compliance with the standards set forth in
        Section 1203.09(i) below.

    4. Step 6: AHBR Review and Action. At the applicant's option, an application
      for AHBR architecture and design review of a minor development may be
      filed for concurrent review with the application for site plan approval.

  7. Site Plan Approval Procedures for All Other Developments
    Applications for site plan approval for all other developments, including major
    developments, shall follow the core development approval process set forth Section
    1203.02 of this Chapter, except for the following modifications:

    1. Step 1: Pre-Application Conceptual Review. Pre-application conceptual
      review shall be mandatory for all persons intending to submit an application
      for site plan approval for a major development.

    2. Step 2: Staff Review and Report: Within five (5) days from the date that a
      submitted site plan application for a major development is certified as
      complete pursuant to Section 1203.01(c) above, the City Manager shall
      forward a copy of the complete application to the clerk of the City Council.

    3. Step 3: Planning Commission Action. The PC's role shall be to review all
      applications for concept plan and final site plan approval, together with the
      staff report, and take final action either approving, approving with
      conditions, or denying the application based on its compliance with the
      standards set forth in Section 1204.04.

      If the PC recommends approval with conditions for a final site plan, the
      applicant shall resubmit to the City Manager a revised site plan that reflects
      any changes or modifications required or suggested by the PC. Within 15
      days of receipt of the revised site plan, the City Manager shall complete his
      review and either certify the revised site plan's compliance with the PC's
      conditions, which shall constitute final approval of the site plan, or he shall
      forward the revised site plan back to the PC with a recommendation that the
      PC deny the revised site plan on the ground of noncompliance with
      conditions. The PC shall act on the City Manager's recommendation that the
      revised site plan be denied at its next regularly scheduled public meeting.

      Unless a zoning certificate is issued for any phase of construction within
      twelve (12) months of the date of Planning Commission approval, such
      approval shall then automatically lapse and be null and void. These time
      limits may be extended by the City Manager upon showing that there has
      been uninterrupted progress on resolution of outstanding issues during the
      twelve month period.

    4. City Council Authority to Call Up Site Plan Applications for Major
      Developments.
      1. Notwithstanding the authority of the PC to review and approve site
        plans for major developments as set forth herein, the City Council
        may, after PC review and action, call up site plan applications for
        major developments for its review and final action if the City Council
        determines that the development's complexity, projected impacts, or
        proximity to conflicting land uses merits such action. Such
        determination shall be made either by a vote of four (4) or more of
        City Council members or by submittal of a letter to the Clerk of
        Council signed by four (4) or more City Council members.
      2. The City Council shall exercise its authority to call up site plan
        applications for major developments within fourteen (14) days after
        final action by the PC. The clerk of the City Council shall notify the
        PC and shall direct the City Manager to deliver the staff report
        directly to the City Council for its review.
      3. Within thirty (30) days from the date that it receives the staff report
        on the site plan application for a major development, the City Council
        shall take final action by either approving, approving with conditions,
        or denying the application, based on the site plan's compliance with
        the standards set forth in Section 1204.04.

  8. Standards for Review
    All applications for site plans shall demonstrate compliance with the standards and
    criteria set forth in Section 1204.04 of this Code.

  9. Application
    Applications for site plan approvals shall be submitted to the City Manager upon
    such forms as approved by the City Manager.

  10. Submittal Requirements
    See Appendix A for submittal requirements for an application for site plans.

Section 1203.10    Subdivisions

  1. Purposes
    The purpose of the subdivision review process is to ensure compliance with the
    subdivision standards and provisions of this Code, while encouraging quality
    development in the City reflective of the goals, policies, and objectives found in the
    Comprehensive Plan.

  2. Applicability
    1. All subdivisions shall be subject to the approval procedures set forth in this
      Section.

    2. Subdivision Plans for Optional Open Space Conservation Development in
      Districts 1 and 3 shall be given priority in the subdivision approval
      procedure, as set forth in subsection (d )(3) below.

    3. Minor subdivisions, as defined in Chapter 1213, may be finally approved by
      the City Manager, in consultation with the City Engineer, in lieu of final
      action by the Planning Commission.

  3. Procedures for Approval of a Minor Subdivision
    Minor subdivisions are subject to an expedited review process in which no plat is
    required and the Planning Commission acts through the City Manager and City
    Engineer. Applications for minor subdivision approval shall follow the core
    development approval process set forth Section 1203.02 of this Chapter, except for
    the following modifications:
    1. After Step 3 "Staff Review and Report": Action by the City Manager.
      1. Within thirty (30) days from the date that a submitted application is
        certified as complete pursuant to Section 1203.01(c) above, the City
        Manager or City Engineer shall take final action on applications for
        minor subdivisions by either approving, approving with conditions,
        or denying such application based on its compliance with the
        standards set forth in Section 1204.05.
      2. Evidence of approval by the Planning Commission, acting through
        the City Manager or City Engineer, shall be indicated by a stamp or
        statement reading "Approved by the Planning Commission, City of
        Hudson, Ohio - No Plat Required." The plat of the minor subdivision
        which has been so stamped, dated, and signed by either the City
        Manager or City Engineer shall constitute final approval of the minor
        subdivision.

    2. Authority to Transmit Minor Subdivision Application to the PC.
      1. Notwithstanding the authority of the City Manager to review and
        approve minor subdivision applications as set forth herein, the City
        Manager may transmit such application to the Planning Commission
        for review and final action if the City Manager determines that the
        development's complexity, projected impacts, or proximity to
        conflicting land uses merit such action.
      2. Within forty-five (45) days from receipt of the City Manager's
        transmittal of the minor subdivision application, the PC shall take
        final action by either approving, approving with conditions, or
        denying the application, based on the minor subdivision's compliance
        with the standards set forth in Section 1204.05.

  4. Procedure for Approval of Subdivisions (Except Minor Subdivisions)
    Subdivisions in the City of Hudson are approved in three stages: first, a compatibility
    review is conducted with the Planning Commission, second, a preliminary
    subdivision plan is approved and, third, a final subdivision plat is approved and
    recorded. The Planning Commission is the entity with final approval authority for
    both preliminary and final subdivision plats.
    1. Procedures for Approval of Preliminary Subdivision Plans.
      Applications for preliminary subdivision approval shall follow the core
      development approval process set forth in Section 1203.02 of this Chapter,
      except for the following modifications:
      1. Step 1: Pre-Application Conceptual Review. All persons intending
        to submit an application for preliminary subdivision approval shall
        attend a pre-application conceptual review meeting. In addition, the
        PC shall review the conceptual plan of the proposed subdivision and
        comment on it and its compatibility with existing adjacent
        development prior to the scheduling of a public hearing on a
        preliminary subdivision plan application. The applicant shall address
        comments received on the conceptual plan to supplement the
        application for preliminary subdivision approval.
      2. Step 4: Planning Commission Action. The PC shall take final action
        on a preliminary subdivision application by reviewing the application
        and all submitted plans and reports, and then either approving,
        approving with conditions, or denying the application based on its
        compliance with the standards set forth in Section 1203.10(e) below.

    2. Procedure for Approval of Final Subdivision Plats.
      Applications for final subdivision approval may only be filed following
      preliminary plan approval by the Planning Commission, including
      preliminary plans that have been approved, but have expired. Although final
      subdivision plats may be filed for expired preliminary plans, the preliminary
      plan must be reapproved. Applications for final subdivision approval 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. The PC shall take final action
        on a final subdivision application by reviewing the application and all
        submitted plans and reports, and then either approving, approving
        with conditions, or denying the application based on its compliance
        with the standards set forth in Section 1203.10(e) below. The PC
        shall take such final action within thirty (30) days from the date that
        the final subdivision application is certified as complete pursuant to
        Section 1203.01(c) above.

    3. Procedure for Approval of Preliminary and Final Subdivision Plans for
      Optional Open Space Conservation Developments. Applications for
      preliminary and final subdivision plan approval for optional open space
      conservation developments in Districts 1 and 3 shall be given priority status in
      the approval process, including but not limited to advancing such applications
      on the PC's agenda for hearing at the earliest possible date after submittal of a
      complete application.

  5. Standards for Review
    All applications for subdivisions shall demonstrate compliance with the standards
    and criteria set forth in Section 1204.05 of this Code.

  6. Effects of Approval
    1. Effect of Approval of a Minor Subdivision.
      1. Within thirty (30) days of the City Manager's approval of the minor
        subdivision, the developer shall record the minor subdivision plan. If
        the minor subdivision plan is not recorded within this thirty (30) day
        time period, the approval shall automatically lapse and be null and
        void. A recorded minor subdivision plan shall be valid for a period
        of two (2) years from the date of the City Manager's final action.
      2. During the period an approved minor subdivision 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 minor subdivision plan approval,
        except that the applicant shall comply with those local laws and
        regulations adopted subsequent to the approval of such minor
        subdivision plan if the PC determines, on the basis of written
        findings, that compliance is reasonably necessary to protect the
        public health, safety, or welfare.
      3. If additional lots are proposed to be created within three years of
        recording of a minor subdivision of a tract of land and the total of all
        lots recorded within said three years for that same tract of land would
        be greater than three lots, then the request to create additional lots
        shall be considered to be a request for a subdivision. (See definition
        of “Subdivision, minor”.)

    2. Effect of Approval of a Preliminary Subdivision Plan.
      1. Within twelve (12) months from the date of the PC's final approval of
        a preliminary subdivision plan, the developer shall submit an
        application for final subdivision plat for either all or at least one
        phase of the proposed subdivision, and within eighteen (18) months
        shall record such final subdivision plat. A recorded final subdivision
        plat for any phase of the preliminary subdivision plan shall extend the
        life of the preliminary subdivision plan for an additional twelve (12)-
        month period from the date the final subdivision plat is recorded. If
        the original twelve (12) month period or any successive twelve (12)
        month period expires before a final subdivision plat is recorded, then
        the preliminary plan approval automatically lapses and becomes null
        and void.
      2. During the period an approved preliminary subdivision 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 preliminary
        subdivision plan approval, except that the applicant shall comply with
        those local laws and regulations adopted subsequent to the approval
        of such preliminary subdivision plan if the PC determines, on the
        basis of written findings, that compliance is reasonably necessary to
        protect the public health, safety, or welfare.
      3. If lots are created within three years of an approved or recorded
        minor subdivision and the total of all lots created with said three
        years is greater than three lots, then it shall be approved as a
        subdivision. See definition of "Subdivision, minor".

    3. Effect of Approval of a Final Subdivision Plat.
      1. Within ninety (90) days from the date of the PC's action on the final
        subdivision plat, the applicant shall meet all conditions of approval, if
        any, and certify and record the final subdivision plat as required by
        this Code.
      2. An approved and recorded final subdivision plat shall be valid for a
        period of two (2) years from the date of the PC's action on the final
        plan.
      3. During the period an approved final subdivision plat 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 final subdivision plat approval,
        except that the applicant shall comply with those local laws and
        regulations adopted subsequent to the approval of such final
        subdivision if the PC determines, on the basis of written findings, that
        compliance is reasonably necessary to protect the public health,
        safety, or welfare.

  7. Application
    Applications for final subdivision approval shall be submitted to the City Manager
    upon such forms as approved by the City Manager and City Engineer.

  8. Submittal Requirements
    See Appendix A for submittal requirements for final subdivision applications.

Section 1203.11    Development Agreements

  1. Applicability
    Development agreements may be approved for residential or nonresidential projects
    proposed in any district, subject to the requirements and standards set forth in
    Chapter 1209 of this Code, and the approval procedures set forth in this Section.

  2. Consolidation with Rezoning, Subdivision, or Planned Development Approval
    The applicant may consolidate an application for development agreement approval
    with an application for a rezoning, subdivision, or planned development approval.
    Such consolidated application shall be submitted in a form that satisfies both the
    rezoning, subdivision, or planned development requirements of this Code and the
    provisions, including submittal requirements, governing development agreements.
    The time frame and approval process for a consolidated application shall follow the
    time frame and approval process set forth in this section.

  3. Procedures for Approval of a Development Agreement
    Applications for approval of a development agreement 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. The PC shall hold a public hearing at
      which it shall review a proposed development agreement and application and
      make a recommendation to the City Council to either approve, approve with
      conditions, or deny the application based on its compliance with the
      standards set forth in Section 1203.11(d) below.

      If the PC recommends approval of an application with conditions, before
      proceeding to Step 5, City Council Review and Action, the applicant shall
      resubmit to the PC a revised development agreement that reflects any
      changes or modifications required or suggested by the PC in its initial
      review. Within sixty (60) days of receipt of the revised development
      agreement, the PC shall complete its review and take action by
      recommending to the City Council that the application and development
      agreement as revised either be approved with the prior conditions in place or
      denied.

    2. Step 5: City Council Action. City Council shall initiate action by completing
      a first reading of the applicant's final development agreement and
      application, in ordinance form. Within thirty (30) days of the completed first
      reading, the City Council shall hold a public hearing and take final action on
      the development agreement and application, based on its compliance with the
      standards set forth in Section 1204.06, within twenty (20) days of said public
      hearing.

  4. Standards for Review
    All applications for development agreements shall demonstrate compliance with the
    requirements set forth in Chapter 1209, and the review standards set forth in Section
    1204.06 of this Code.

  5. Effect of Approval
    1. Recordation Required. No later than ten (10) days after the City and
      developer executes a development agreement, the Clerk of Council shall
      record with the Summit County recorder a copy of the agreement, which
      shall describe the land subject thereto. Any modification or subsequent
      termination or cancellation of the agreement shall be recorded by the Clerk of
      Council no later than ten (10) days after such action.

    2. Binding on Successors in Interest. The burdens of the development
      agreement shall be binding upon, and the benefits of the agreement shall
      inure to, all successors in interest to the parties of the development
      agreement.

    3. Vesting. See Chapter 1209, Section 1209.04, "Governing Ordinances, Rules,
      Regulations, and Policies."

  6. Applications
    Applications for development agreements shall be submitted to the City Manager
    upon such forms as approved by the City Manager.

  7. Submittal Requirements
    See Appendix A for submittal requirements for applications for development
    agreements.

  8. Modifications of Development Agreements
    All modifications of a development agreement are subject to Section 1209.08,
    "Modifications and Termination," and shall be processed in accordance with the
    same procedure for entering into a development agreement, as set forth in this
    section.

Section 1203.12    Certificates of Appropriateness

  1. Applicability
    1. All development in a Historic District shall require a Certificate of
      Appropriateness from the Architectural and Historic Board of Review
      ("AHBR") pursuant to the procedures set forth in this section.
    2. Any alteration, removal, moving, or demolition of a historic landmark that
      affects the exterior architectural features of any such structure or building
      shall require a Certificate of Appropriateness from the AHBR pursuant to the
      procedures set forth in this section.

  2. Procedures for Approval of Certificates of Appropriateness
    Applications for approval of Certificates of Appropriateness shall follow the core
    development approval process set forth in Section 1203.02 of this Chapter, except for
    the following modifications:
    1. After Step 2 "Application": Referral to the Historic District Subcommittee
      and Step 3: "Staff Review and Report".
      1. Within five (5) days from receipt of a complete application, the City
        Manager shall forward the application to the Historic District
        Subcommittee of the AHBR for the Subcommittee's review and
        recommendation. The staff shall undertake its review and shall draft
        its report in coordination with and support of the Subcommittee's
        review.
    2. After Step 3 Staff Review and Report: Review and Action by the AHBR
      (Step 6 of the Core Development Review Process).
      1. The staff report and Historic District Subcommittee recommendation
        on an application for a Certificate of Appropriateness shall be
        forwarded to the whole AHBR for its consideration at the first regular
        or special meeting of the AHBR held after receipt by the
        Subcommittee of the application. The AHBR shall consider the
        application and take final action.

      2. The AHBR shall review the application, Subcommittee
        recommendation, and staff report and take final action by either
        approving, approving with conditions, or denying such application

      3. based on its compliance with the standards set forth in Section
        1204.07 below.

      4. No review or action by either the PC (Step 4) or the City Council
        (Step 5) is required on an application for a Certificate of
        Appropriateness.

  3. Standards for Review
    All applications for Certificates of Appropriateness shall demonstrate compliance
    with the standards and criteria set forth in Section 1204.07 of this Code.

  4. Application
    Applications for Certificates of Appropriateness shall be submitted to the City
    Manager upon such forms as approved by the City Manager.

  5. Submittal Requirements
    See Appendix A for submittal requirements for an application for a Certificate of
    Appropriateness.

Section 1203.13    General Notice Provisions

 

  1. Notice of Public Hearings--Generally
    1. Newspaper Notice.
      At least ten (10) days notice of scheduled public hearings before a reviewing agency or body shall be published in one or more newspapers of general circulation in the City of Hudson. The notice shall specify the time and place of the hearing, and the specific nature of the matter to be heard.
    2. Written Notice.
      Whenever a public hearing is required by a reviewing agency or body, the City shall be responsible for mailing written notice at least fifteen (15) days before the scheduled hearing to all of the following:
      1. The parties in interest;
      2. Tenants and owners of property adjacent to or directly across a street from the boundary and within 300' of the subject property or properties; and
      3. Others who have filed a timely request to receive notice. The written notice shall specify the time and place of the hearing, and the specific nature of the matter to be heard.
    3. Posted Notice.
      Upon the receipt of any application to the Planning Commission or the Board of Zoning and Building Appeals which requires the action of or a public hearing before the Planning Commission or the Board of Zoning and Building Appeals, either the City Manager shall cause a temporary sign to be placed on the property which is the subject of the application or contemplated action for the purpose of giving notice of a meeting or public hearing, which sign shall be placed no less than seven days before the respective meeting or public hearing on such matter.