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Land Development Code - City of Hudson, Ohio

Chapter 1205    Zoning Districts - City of Hudson Zoning Map

Section 1205.01    Establishment of Districts

The following zoning districts are hereby established. They may be referred to throughout this Code
by their name or district number:


District 1: Suburban Residential Neighborhood
District 2: Rural Residential Conservation
District 3: Outer Village Residential Neighborhood
District 4: Historic Residential Neighborhood
District 5: Village Core District
District 6: Western Hudson Gateway
District 7: Outer Village Commercial Corridor and Office Overlay Zone
District 8: Industrial/Business Park & Hike Bike Senior Housing Overlay Zone
District 9: Darrowville Commercial Corridor
District 10: Ravenna Road Corridor
Overlay District FFO: Floodplain/Floodway Overlay

Section 1205.02    Official Zoning District Map

  1. Adoption of Official Zoning Map
    The boundaries of the zoning districts established by this Code shall be shown on a
    map or series of maps entitled AOfficial Zoning Map.@ The official zoning map,
    together with all notations, references, and other information shown thereon, is
    hereby adopted by reference and declared to be a part of this Code as if set forth
    herein. Original copies of the official zoning map and all amendments thereto shall
    be maintained in the office of the Director of Community Development. In case of
    any dispute regarding the zoning classification of property subject to this Code, the
    original maps maintained by the Director of Community Development shall control.

  2. Omitted Land
    If any land subject to this Code has not been specifically included within any of the
    districts shown on the official zoning map, such land shall automatically be classified
    in District 2, Rural Residential Conservation.

Section 1205.03    Compliance with District Standards

No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any building or structure be used or changed in use except in accordance with all of the district regulations established by this Code for the zoning district in which the building or structure or land is located. Uses not specifically listed as permitted by-right or conditionally in a specific district are prohibited unless such use is subsequently permitted pursuant to the use classification procedure set forth in Section 1206.06 of this Code, or the rezoning/amendment procedure set forth in Section 1203.03 of this Code.

Section 1205.04    District 1: Suburban Residential Neighborhood

  1. Purpose
    District 1 is established to preserve and protect an existing community character
    typified by single-family detached residential housing developed at densities varying
    from 1 dwelling unit per one-half acre to 1 dwelling unit per 2.5 acres. The district is
    relatively more rural in density given its distance from the Village Core. The amount
    of prior development has left few environmental constraints on additional
    development; on the other hand, there remain few potential development areas.
    District regulations are intended to continue the predominant single-family detached
    use, while providing for additional parks and open space, supporting institutional
    uses (such as churches and schools), and public service uses. Densities will mirror
    existing densities and character, and be permitted up to a maximum of 2 dwelling
    units per acre. Protection of remaining sensitive environmental areas will also be a
    high priority.

  2. Uses By-Right
    The following uses shall be permitted by right in District 1 subject to meeting all
    applicable requirements set forth in this section and this Code.
    1. Residential:
      1. Family day care homes, small (1-6 children).
      2. Residential group homes for up to five handicapped or elderly people.
      3. Single-family, detached.

    2. Agricultural:
      1. General agricultural operations on parcels of more than four (4) acres
        and do not involve the keeping of farm animals.

    3. Planned Developments:
      1. Residential planned developments, subject to standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.

    4. Institutional/Civic/Public:
      1. Public park or recreation areas, including multipurpose trails.
      2. Public recreational facilities, indoor or outdoor, provided they are no
        greater than 10,000 square feet in gross floor area.
      3. Essential public utility and public service installations, including bus
        shelters and bus stops, but not including water towers, power
        generating stations, transfer stations, or outdoor storage.

    5. Accessory Uses: See Section 1206.03, "Accessory Uses."

  3. Conditional Uses
    The following uses shall be conditionally permitted in District 1 subject to meeting
    all applicable requirements set forth in this section and in Section 1206.02,
    "Conditional Uses."
    1. Residential
      1. Model Homes.
      2. Open Space Conservation Subdivisions.
      3. Residential group homes for the handicapped or elderly
        (from 6 to 8 people).
      4. Single-family, attached.
      5. Townhomes.

    2. Agricultural:
      1. General agricultural operations.

    3. Commercial/Retail:
      1. Bed and breakfast inn.
      2. Golf courses, private.
      3. Private-membership recreational facilities or clubs.

    4. Institutional/Civic/Public:
      1. Cemeteries.
      2. Golf courses, public.
      3. Places of religious worship, including churches and synagogues
        Religious schools and day care centers may be permitted as accessory
        uses within the same structure as the principal conditional use.
      4. Public recreational facilities, indoor or outdoor, greater than 10,000
        square feet in gross floor area.
      5. Public safety and emergency services, including police or fire stations
        and emergency medical services, provided the size of the building
        housing the facility or service shall not exceed 10,000 square feet.
      6. Schools, public or private -- preschool, elementary, secondary, or postsecondary.

    5. Accessory Uses:
      1. Oil and Gas Exploration and Extraction of lots of at least 20 acres in
        size under single ownership.
      2. Shared driveways for dwellings.
      3. See Section 1206.03, "Accessory Uses."

  4. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207,
    "Zoning Development and Site Plan Standards," development in District 1 shall
    comply with the following development/design standards (all standards are
    minimums unless otherwise noted):
    1. Maximum Net Density: 2 dwelling units per acre.

    2. Open Space: In addition to compliance with the standards and requirements
      governing open space set forth in Section 1207.05 of this Code,
      developments in District 1 shall set aside a minimum of 25% of the gross
      land area for private open space.

    3. Minimum Lot Size:
      1. Residential Uses on Lots Fronting an Arterial: One (1) acre.
      2. All Other Residential Uses: 20,000 square feet, except that the
        minimum lot size may be reduced to a minimum of 6,000 square feet
        if open space conservation subdivision lots are developed pursuant to
        the requirements set forth in Section 1207.06 of this Code.
      3. Non-Residential Uses: 1.5 acres.

    4. Minimum Lot Width:
      1. Lots Fronting an Arterial: 200 feet.
      2. All Other Lots: 100 feet.

    5. Setbacks: Unless modified pursuant to Section 1203.08, "Minor
      Modifications," or unless developed as lots subject to the yard setback
      requirements in Section 1207.06, "Open Space Conservation Subdivision,"
      yard setbacks in District 1 shall be:
      1. Minimum Front Yard Setbacks:
        1. Non-Residential Uses: 100 feet
        2. Residential Uses: 50 feet, provided that averaging shall be
          required for residential uses as follows: Except for new
          residential development on lots fronting arterial roads, the
          front setback shall not differ by more than ten (10) percent
          from the average of the front yard setbacks existing on the
          two properties immediately adjoining the subject property,
          unless approved by the Architectural and Historic Board of
          Review. If one or more of the adjoining properties is vacant,
          the front yard setback shall be 50 feet.
        3. All Uses on Lots Fronting Arterial Roads: 100 feet, of which
          the front 50 feet shall comprise a bufferyard that shall be
          landscaped pursuant to Section 1207.04(k).
      2. Front Yard SetbacksCLots Fronting Arterial Roads: 100 feet, of
        which the front 50 feet shall comprise a bufferyard that shall be
        landscaped pursuant to Section 1207.04(k) .
      3. Side Yard Setbacks:
        1. Principal residential structures: 15 feet.
        2. Principal non-residential structures: 30 feet.
        3. Side-facing attached garage: 25 feet.
        4. All other accessory structures: 15 feet.
        5. Corner Lots: 50 feet for street side not designated as "front".
      4. Rear Yard Setbacks:
        1. Principal Structure: 50 feet.
        2. Accessory Garage: 15 feet.
        3. Other Accessory Structure: 15 feet.
      5. Arterial Setbacks: See arterial setback and landscaping requirements
        in Section 1207.04(l), "Landscaping/Buffering."

    6. Maximum Structure Height: 35 feet.

    7. Building Siting and Orientation.
      The following building siting and orientation requirements shall apply to new
      development in District 1, except for new development with a front yard
      depth of 130 feet or more:
      1. Principal Residential Structures.
        1. The main entrance to the residence shall face the street.
        2. The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the
          street extended through the approximate center of the main
          mass, if the street is curved..
      2. Principal Residential Structures on Corner Lots.
        1. In general, the structure shall face one of the streets and not
          the corner.
        2. One side of the structure shall be designated the "front" and
          shall be subject to the requirements set forth in paragraph (A)
          above.
      3. Private Garages.
        1. Doors of attached garages shall not face the street.
        2. Detached garages shall be located only in the rear yard.
        3. New development of a principal single family detached
          dwelling shall provide space for the storage of at least two
          cars within an enclosed garage.
      4. Non-Residential Development.
        1. The main entrance to the principal structure shall face the
          street.
        2. The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the street
          extended through the approximate center of the main mass, if
          the street is curved.
        3. The main body of the principal structure shall be closest to
          the street.
        4. An accessory garage shall be sited so that its door is not
          visible from the primary direction of approach.

    8. Bufferyard Requirements for Lots Abutting a Historic Landmark. New
      development on lots that abut a historic landmark shall establish a bufferyard
      equivalent to or greater than "Bufferyard C" as set forth in Section
      1207.04(g) of this Code. The bufferyard shall be established on the boundary
      that abuts the historic landmark.

    9. Driveway Curb Cuts.
      1. Lot widths of 150 feet or less: No more than 1 driveway curb cut per
        lot.
      2. Lot widths of more than 150 feet: No more than 2 driveway curb cuts
        per lot.
      3. See Section 1207.13(c)(5) regarding limits on curb cuts to arterial and
        collector roads.

    10. Location of Parking. In addition to the off-street parking requirements set
      forth in Section 1207.12 of this Code, off-street parking shall be located to
      the side or rear of the principal building.

    11. Pedestrian/Bicycle Pathways and Linkages:
      1. Provision shall be made in the design of all developments for nonvehicular
        circulation systems, including but not limited to sidewalks,
        pathways, and bikeways.
      2. Any amount of land set aside for trails in a development shall be
        credited toward either the public or private open space requirements
        set forth in this section and in Section 1207.05 of this Code.
      3. Sidewalks shall be provided on both sides of all streets in District 1,
        shall run parallel to the street within the right-of-way, and shall be
        separated from the curb by a planting strip of at least seven (7) feet in
        width.
      4. To the maximum extent feasible, provision shall be made in the
        design of developments for interconnections with existing or planned
        streets and pedestrian or bikeway systems on adjoining properties,
        unless the City determines that such interconnections would have
        adverse impacts on open spaces, wetlands, sensitive environmental
        areas, or other significant natural areas.

    12. Architecture and Design Standards:
      See architectural design guidelines located in Appendix D.

Section 1205.05    District 2: Rural Residential Conservation

  1. Purpose
    This District is established to protect and preserve the most rural areas of the city in
    which agriculture, woodlands, wetlands, other sensitive environmental areas, and
    low-density residential development are the predominant land use patterns. Overall
    existing residential density is less than 1 dwelling unit per five acres, consisting
    primarily of single-family detached estate homes. There remain large amounts of
    open space and potential development areas. The regulations contained in this
    District will permit continued, low-density residential development, but will
    encourage new residential development that incorporates rural residential
    conservation designs and other open space preservation techniques, in order to
    preserve the existing rural character and limit development in sensitive
    environmental areas such as wetlands, floodplains, or aquifer recharge areas. Other
    permitted uses include agriculture, park and recreational uses, institutional uses, and
    public uses.

  2. Uses By-Right
    1. Residential:
      1. Family day care homes, small (1-6 children).
      2. Residential group homes for up to 5 handicapped or elderly people.
      3. Single-family, detached.

    2. Agricultural:
      1. General agricultural operations.

    3. Planned Developments:
      1. Residential planned developments, subject to standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code

    4. Institutional/Civic/Public:
      1. Public park or recreation areas, including multipurpose trails.
      2. Public recreational facilities, indoor or outdoor.
      3. Essential public utility and public services installations, including bus
        shelters and bus stops, but not including water towers, power
        generating stations, transfer stations, or outdoor storage

    5. Accessory Uses: See Section 1206.03, "Accessory Uses."

  3. Conditional Uses
    The following uses shall be conditionally permitted in District 2 subject to meeting
    all applicable requirements set forth in this section and Section 1206.02, "Conditional
    Uses."

    1. Residential:
      1. Assisted Living.
      2. Duplexes.
      3. Model homes.
      4. Open Space Conservation Subdivisions.
      5. Residential group homes for the handicapped or elderly (from 6 to 8
        people).
      6. Single-family, attached.

    2. Commercial/Retail:
      1. Bed and Breakfast Inns.
      2. Boarding Kennels.
      3. Commercial Nurseries.
      4. Golf Courses, private.
      5. Private-membership recreational facilities or clubs.
      6. Recreational or sports training facilities, commercial
      7. Veterinary facilities or small animal clinics, including overnight
        indoor boarding.

    3. Institutional/Civic/Public:
      1. Cemeteries.
      2. Golf courses, public.
      3. Places of religious worship, including churches and synagogues.
        Religious schools and day care centers may be permitted as accessory
        uses within the same structure as the principal conditional use.
      4. Public non-commercial facility for composting.
      5. Public safety and emergency services, including police or fire stations
        and emergency medical services, provided the size of the facility or
        service shall not exceed 10,000 sq. ft.
      6. Schools, public or private -- preschool, elementary, secondary, or postsecondary.

    4. Accessory Uses:
      1. Oil and Gas Exploration and Extraction of lots of at least 20 acres in
        size under single ownership.
      2. Shared driveways for dwellings
      3. See Section 1206.03, "Accessory Uses."

  4. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207,
    "Zoning Development and Site Plan Standards," development in District 2 shall
    comply with all of the following development/design standards (all standards are
    minimums unless otherwise noted):
    1. Maximum Net Density: 1 dwelling unit per 2.5 acres.

    2. Open Space Conservation Subdivisions:
      1. Open Space Conservation Subdivisions Encouraged.
        1. All residential developments or subdivisions of 5 or more lots
          that satisfy the minimum 5-acre parcel size threshold set forth
          in Section 1207.06(d) of this Code are encouraged to utilize
          the Open Space Conservation Subdivision provisions in
          order to preserve a substantial amount of land for open space
          use and, to the maximum extent feasible, to prevent
          development in environmentally sensitive areas including but
          not limited to woodlands, wetlands, and wellhead
          protection/aquifer recharge areas.
        2. Open Space Conservation Subdivisions in District 2 shall
          comply with all requirements, including minimum open space
          requirements, set forth in Section 1207.06, "Open Space
          Conservation Subdivisions," of this Code.
        3. In the case of any conflict between the provisions set forth in
          this Section 1205.05 and in Section 1207.06, "Open Space
          Conservation Subdivisions," the provisions set forth in
          Section 1207.06 shall apply.
      2. Open Space:
        1. Open Space Conservation Developments. Open Space
          Conservation Subdivisions shall comply with the open space
          requirements set forth in Section 1207.06, "Open Space
          Conservation Subdivisions.".
        2. Non-Open Space Conservation Developments. In addition to
          compliance with the standards and requirements governing
          open space dedications set forth in Section 1207.05 of this
          Code, non-open space conservation developments in District
          2 shall set aside a minimum of 50% of the gross land area for
          private open space
      3. Density Bonus for Additional Open Space: For every additional ten
        (10) acres of land dedicated for public open space above the
        minimum required pursuant to Section 1207.05, "Open Space", one
        (1) additional dwelling unit may be developed.

    3. Minimum Lot Size:
      1. Residential Uses:
        1. Open Space Conservation Developments: 10,000 square feet.
        2. Non-Open Space Conservation Developments: 2.5 acres.
        3. Commercial Recreational or Sports Training Facility: 15
          acres.
      2. All Other Uses: 2.5 acres.
    4. Minimum Lot Width:
      1. 200 feet, except that the minimum lot width may be reduced to a
        minimum of 100 feet if the development incorporates open space
        conservation lots pursuant to the standards set forth in this section
        and Section 1207.06 of this Code.
      2. Lots Abutting Railroad Right-of-Way: In order to enable an increase
        in the rear yard setback and allow room for a landscaped buffer
        between the dwelling and the railroad right-of-way when a lot abuts
        and backs onto a railroad right-of-way, the minimum lot width may
        be reduced by not more than ten (10) percent provided the lot depth is
        at least two-hundred fifty (250) feet.

    5. Setbacks:
      1. Open Space Conservation Subdivisions: All residential open space
        conservation subdivisions shall comply with the setback and yard
        requirements set forth in Section 1207.06(e) of this Code.
      2. All Other Developments -- Case-by-Case Determination: Because of
        the pervasiveness of environmentally sensitive areas within District
        2, building setbacks and yard requirements for development shall be
        determined on a case-by-case basis by the PC either during the
        subdivision approval process or during the site plan approval process.
        All determinations of setbacks and yard requirements shall use as a
        starting point the minimum setbacks set forth in paragraphs (C)-(E)
        below, which may be modified pursuant to the conditions and criteria
        set forth in Section 1207.01, "Maximum Impervious Surface
        Coverage."
      3. Minimum Front Yard Setbacks:
        1. Non-Residential Uses: 100 feet.
        2. Residential Uses: 50 feet provided that averaging shall be
          required for residential uses as follows: Except for new
          residential development on lots fronting arterial roads, the
          front setback shall not differ by more than ten (10) percent
          from the average of the front yard setbacks existing on the
          two properties immediately adjoining the subject property,
          unless approved by the Architectural and Historic Board of
          Review. If one or more of the adjoining properties is vacant,
          the front yard setback shall be 50 feet.
        3. All Uses on Lots Fronting Arterial Roads: 100 feet, of which
          the front 50 feet shall comprise a bufferyard that shall be
          landscaped pursuant to Section 1207.04(k) .
      4. Minimum Side Yard Setbacks:
        1. Principal Residential Structure: 20 feet.
        2. Principal Non-Residential Structure: 30 feet.
        3. Side-facing attached garage: 25 feet.
        4. All other accessory structures: 15 feet.
        5. Corner lots: 50 feet for street side not designated as "front."
      5. Minimum Rear Yard Setbacks:
        1. Principal Structure: 50 feet.
        2. Accessory Garage: 15 feet.
        3. Other Accessory Structure: 15 feet.
      6. Arterial Setbacks: See arterial setback and landscaping requirements
        in Section 1207.04(k), "Landscaping/Buffering."

    6. Maximum Structure Height: 35 feet.

    7. Building Siting and Orientation.
      The following building siting and orientation requirements shall apply to all
      new development in District 2, except for new development with a front yard
      depth of 130 feet or more:
      1. Principal Residential Structures.
        1. The main entrance to the residence shall face the street.
        2. The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the street
          extended through the approximate center of the main mass, if
          the street is curved.
      2. Principal Residential Structures on Corner Lots.
        1. In general, the structure shall face one of the streets or the
          corner.
        2. One side of the structure shall be designated the "front" and
          shall be subject to the requirements set forth in paragraph (A)
          above.
      3. Private Garages.
        1. Doors of attached garages shall not face the street.
        2. Detached garages shall be located only in the rear yard.
        3. New development of a principal single family detached
          dwelling shall provide space for the storage of at least two
          cars within an enclosed garage.
      4. Non-Residential Development.
        1. The main entrance to the principal structure shall face the
          street.The front wall of the principal structure shall be parallel
          to the street or perpendicular to a radius of the curve of the
          street extended through the approximate center of the main
          mass, if the street is curved.
        2. The main body of the principal structure shall be closest to
          the street.
        3. An accessory garage shall be sited so that its door is not
          visible from the primary direction of approach.

    8. Bufferyard Requirements for Lots Abutting a Historic Landmark. New
      development on lots that abut a historic landmark shall establish a bufferyard
      equivalent to or greater than "Bufferyard C" as set forth in Section
      1207.04(g) of this Code. The bufferyard shall be established on the boundary
      that abuts the historic landmark.

    9. Driveway Curb Cuts.
      1. Lot widths of 150 feet or less: No more than 1 driveway curb cut per
        lot.
      2. Lot widths of more than 150 feet: No more than 2 driveway curb cuts
        per lot.
      3. See Section 1207.13(c)(5) regarding limits on curb cuts to arterial and
        collector roads.

    10. Location of Parking. In addition to the off-street parking requirements set
      forth in Section 1207.12 of this Code, off-street parking shall be located to
      the side or rear of the principal building.

    11. Architecture and Design Standards:
      See architectural design guidelines located in Appendix D.

    12. Pedestrian/Bicycle Pathways and Linkages:
      1. Provision shall be made in the design of all developments for nonvehicular
        circulation systems, including but not limited to sidewalks,
        pathways, and bikeways.
      2. Any amount of land set aside for trails in a development shall be
        credited toward either the public or private open space requirements
        set forth in this section and in Section 1207.05 of this Code.
      3. To the maximum extent feasible, provision shall be made in the
        design of developments for interconnections with existing or planned
        streets and pedestrian or bikeway systems on adjoining properties,
        unless the City determines that such interconnections would have
        adverse impacts on open spaces, wetlands, sensitive environmental
        areas, or other significant areas.

    13. Environmental Standards
      See Section 1207.08, "Wellhead Protection Area Standards."

Section 1205.06    District 3: Outer Village Residential Neighborhood

  1. Purpose
    District 3 is established to preserve and protect an existing community character
    typified by single-family detached residential housing developed at moderate
    densities averaging about 2 dwelling units per acre. Being relatively closer to the
    Village Core, neighborhoods in this district have greater accessibility and connection
    to the Village Core than residences in District 1. Existing single-family
    developments are characterized by traditional subdivision designs with curvilinear
    street patterns and some examples of open space dedications. Few potential
    development areas remain, and are constrained in many instances by the Brandywine
    Creek drainage corridor. District regulations are intended to continue the
    predominant single-family detached use, while providing for the addition of attached
    single family, duplexes, and townhomes, into the housing mix, as well as additional
    parks, open space, and trail/bikeway linkages to the Village Core. Additional uses
    include supporting institutional uses (such as churches and schools) and public
    service uses. Single-family detached residential housing densities will mirror
    existing densities and character, and be permitted up to a maximum of 2.5 dwelling
    units per acre. Protection of remaining sensitive environmental areas, including
    wellhead protection areas, will be a high priority.

  2. Uses By-Right
    1. Residential:
      1. Family day care homes, small (1-6 children).
      2. Residential group homes for up to five handicapped or elderly people.
      3. Single-family, detached.

    2. Agricultural:
      1. General agricultural operations on parcels of more than four (4) acres
        and do not involve the keeping of farm animals.

    3. Planned Developments:
      1. Residential planned developments, subject to standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.

    4. Institutional/Civic/Public:
      1. Public park or recreation areas, including multipurpose trails.
      2. Public recreational facilities, indoor or outdoor.
      3. Essential public utility and public services installations, including bus
        shelters and bus stops, but not including water towers, power
        generating stations, transfer stations, or outdoor storage

    5. Accessory Uses: See Section 1206.03, "Accessory Uses."

  3. Conditional Uses
    The following uses shall be conditionally permitted in District 3 subject to meeting
    all applicable requirements set forth in this section and Section 1206.02, "Conditional
    Uses."
    1. Residential:
      1. Assisted Living.
      2. Duplexes.
      3. Model Homes.
      4. Open Space Conservation Subdivisions.
      5. Residential group homes for the handicapped or elderly
        (from 6 to 8 people).
      6. Single-family, attached.
      7. Townhomes.

    2. Agricultural
      1. General agricultural operations.

    3. Commercial/Retail:
      1.  Bed and breakfast inns.
      2. Golf courses, private.
      3. Private-membership recreational facilities or clubs.

    4. Institutional/Civic/Public:
      1. Cemeteries.
      2. Continuing care retirement community
      3. Golf courses, public.
      4. Institutional residential for the handicapped or elderly (for 9 or more
        people).
      5. Places of religious worship, including churches and synagogues.
        Religious schools and day care centers may be permitted as accessory
        uses within the same structure as the principal conditional use.
      6. Public, nonprofit, or private cultural facilities including but not
        limited to libraries and museums.
      7. Public safety and emergency services, including police or fire stations
        and emergency medical services, provided the size of the building
        housing the facility or service shall not exceed 10,000 square feet.
      8. Schools, public or private -- preschool, elementary, secondary, or postsecondary.

    5. Accessory Uses:
      1. Oil and Gas Exploration and Extraction of lots of at least 20 acres in
        size under single ownership.
      2. Shared driveways for dwellings.
      3. See Section 1206.03, "Accessory Uses."

  4. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207,
    "Zoning Development and Site Plan Standards," development in District 3 shall
    comply with all of the following development/design standards (all standards are
    minimums unless otherwise noted):

    1. Maximum Net Density:
      1. Single-Family Detached and Duplexes: 2.5 dwelling units per acre.
      2. Single-Family Attached: 4 dwelling units per acre.
      3. Townhomes: 5 dwelling units per acre.

    2. Open Space:
      In addition to compliance with the standards and requirements governing open space
      set forth in Section 1207.05 of this Code, developments in District 3 shall set aside a
      minimum of 25% of the gross land area for private open space.

    3. Minimum Lot Size:
      1. Residential Uses, Except Townhomes: 16,000 square feet, except
        that the minimum lot size may be reduced to 6,000 square feet if open
        space conservation lots are developed pursuant to the requirements
        set forth in Section 1207.06 of this Code.
      2. Townhomes: 2,500 square feet.
      3. Residential Uses (Except Townhomes) on Lots Fronting Arterial
        Roads: 1 acre.
      4. Non-Residential Uses: 2 acres.

    4. Minimum Lot Width:
      1. All Uses Except Single-Family Attached and Townhomes: 150 feet,
        except that minimum lot width may be reduced to 60 feet if open
        space conservation lots are developed pursuant to the requirements
        set forth in Section 1207.06 of this Code.
      2. Single-Family Attached: 48 feet.
      3. Townhomes: 24 feet.
      4. Lots Abutting Railroad Right-of-Way: In order to enable an increase
        in the rear yard setback and allow room for a landscaped buffer
        between the dwelling and the railroad right-of-way when a lot abuts
        and backs onto a railroad right-of-way, the minimum lot width may
        be reduced by not more than ten (10) percent provided the lot depth is
        at least two-hundred fifty (250) feet.

    5. Setbacks:
      1. Open Space Conservation Subdivisions: All residential Open Space
        Conservation Subdivisions shall comply with the setback and yard
        requirements set forth in Section 1207.06(e) of this Code.
      2. All Other DevelopmentsCCase-by-Case Determination:
        1. In order to provide for the maximum preservation of
          environmentally sensitive areas within District 3, building
          setbacks and yard requirements for all other developments in
          District 3 shall be determined on a case-by-case basis by the
          PC either during the subdivision approval process or during
          the site plan approval process.
        2. Except for development on lots that were 2 acres or larger as
          of the effective date of this Code, all determinations of
          setbacks and yard requirements shall use as a starting point
          the setbacks set forth in paragraphs (C)-(E) below, which
          may be modified pursuant to the conditions and criteria set
          forth in Section 1207.01, "Establishment of Maximum
          Impervious Surface Coverage."
        3. Residential development on lots of record that were 2 acres or
          larger in area as of the effective date of this Code shall use as
          a starting point the minimum setbacks for District 2 set forth
          in Section 1205.05 above.

      3. Minimum Front Yard Setbacks:
        1. Residential Uses: 50 feet, provided that averaging shall be
          required for residential uses. Except for new residential
          development on lots fronting arterial roads, the front setback
          shall not differ by more than ten (10) percent from the average
          of the front yard setbacks existing on the two properties
          immediately adjoining the subject property, unless approved
          by the Architectural and Historic Board of Review. If one or
          more of the adjoining properties is vacant, the front yard
          setback shall be fifty (50) feet.
        2. Non-Residential Uses: 75 feet.
        3. All Uses on Lots Fronting Arterial Roads: 100 feet, of which
          the front 50 feet shall comprise a bufferyard that shall be
          landscaped pursuant to Section 1207.04(k).

      4. Minimum Side Yard Setbacks:
        1. Principal Residential Structure: 15 feet.
        2. Principal Non-Residential Structure: 30 feet.
        3. Side-facing attached garage: 25 feet.
        4. All other accessory structures:15 feet.
        5. Residential Corner lots: 50 feet for street side not designated
          as "front."

      5. Minimum Rear Yard Setbacks:
        1. Principal Structure: 50 feet.
        2. Accessory Garage: 15 feet.
        3. Other Accessory Structure: 15 feet.

      6. Arterial Setbacks: See arterial setback and landscaping requirements
        in Section 1207.04(k), "Landscaping/Buffering."

    6. Maximum Number of Units per Structure:
      1. Attached Single-Family: 4 attached units per structure.
      2. Townhomes: 6 units per structure.

    7. Maximum Structure Height:
      1. Single-family Detached, Attached, and Duplexes : 35 feet.
      2. All other uses: 40 feet.

    8. Distance Between Residential Buildings
      Structures containing either single-family-attached, duplexes, or townhomes
      shall be separated from each other by a minimum of twenty (20) feet at their
      closest points.

    9. Building Siting and Orientation.
      The following building siting and orientation requirements shall apply to new
      development in District 3, except for new development with a front yard
      depth of 130 feet or more:
      1. Principal Residential StructuresCSingle-Family Detached and
        Duplexes.
        1. The main entrance(s) to the residence shall face the street.
        2. The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the
          street extended through the approximate center of the main
          mass, if the street is curved.
      2. Principal Residential StructuresCSingle-Family Attached/and
        Townhomes.
        1. The entrance to at least one dwelling unit within each
          building shall face the street. (See Figure 6.)
        2. The front wall of the principal structure, or the front wall of at
          least one principal structure in a multi-building development,
          shall be parallel to the street or perpendicular to a radius of
          the curve of the street extended through the approximate
          center of the main mass, if the street is curved.
      3. Principal Residential Structures on Corner Lots.
        1. In general, the structure shall face one of the streets and not
          the corner.
        2. One side of the structure shall be designated the Afront@ and
          shall be subject to the requirements set forth in paragraph (A)
          above.
      4. Private Garages.
        1. Doors of attached garages shall not face the street.
        2. Detached garages shall be located only in the rear yard.
        3. New development of a principal single family detached or
          attached dwelling shall provide space for the storage of at
          least two cars within an enclosed garage.
      5. Non-Residential Development.
        1. The main entrance to the principal structure shall face the
          street.
        2. The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the street
          extended through the approximate center of the main mass, if
          the street is curved.
        3. The main body of the principal structure shall be closest to
          the street.

    10. Pedestrian/Bicycle Pathways and Linkages:
      1. Provision shall be made in the design of all developments for nonvehicular
        circulation systems, including but not limited to sidewalks,
        pathways, and bikeways.
      2. Any amount of land set aside for trails in a development shall be
        credited toward either the public or private open space requirements
        set forth in this section and in Section 1207.05 of this Code.
      3. Sidewalks shall be provided on both sides of all streets in District 3,
        shall run parallel to the street within the right-of-way, and shall be
        separated from the curb by a planting strip of at least seven (7) feet in
        width.
      4. To the maximum extent feasible, provision shall be made in the
        design of developments for interconnections with existing or planned
        streets and pedestrian or bikeway systems on adjoining properties,
        unless the City determines that such interconnections would have
        adverse impacts on open spaces, wetlands, sensitive environmental
        areas, or other significant natural areas.

    11. Architecture and Design Standards
      See Architectural Design Guidelines located in Appendix D.

    12. Environmental Standards
      See Section 1207.08, "Wellhead Protection Area Standards."

    13. Bufferyard Requirements for Lots Abutting a Historic Landmark. New
      development on lots that abut a historic landmark shall establish a bufferyard
      equivalent to or greater than "Bufferyard C" as set forth in Section
      1207.04(g) of this Code. The bufferyard shall be established on the boundary
      that abuts the historic landmark.

    14. Driveway Curb Cuts.
      1. Lot widths of 150 feet or less: No more than 1 driveway curb cut per
        lot.
      2. Lot widths of more than 150 feet: No more than 2 driveway curb cuts
        per lot.
      3. See Section 1207.13(c)(5) regarding limits on curb cuts to arterial and
        collector roads.

    15. Location of Parking. In addition to the off-street parking requirements set
      forth in Section 1207.12 of this Code, off-street parking shall be located to
      the side and rear of the principal building.

Section 1205.07    District 4: Historic Residential Neighborhood

  1. Purpose
    This District is established to preserve and protect the residential neighborhoods in
    the city's historic district. These neighborhoods, while containing some multi-family
    and single-family attached units, are dominated by a significant number of historic
    detached homes with relatively shallow setbacks and yard depths. Densities are
    relatively high, with lot sizes generally less than 30,000 square feet. There are strong
    connections and easy accessibility to the Village Core; however, increasing traffic
    congestion is a growing detriment to the quality of life in this District's residential
    neighborhoods. There are few environmental constraints on new development, but
    there also are few potential development areas. The regulations contained in this
    District are intended to permit compact residential densities, including multi-family
    residential uses, while assuring compatibility with existing residential neighborhoods
    and their historic character and strengthening this District's linkages with the Village
    Core. Potential traffic impacts from new developments will be scrutinized as part of
    the development approval process.

  2. Uses By-Right
    1. Residential:
      1. Family day care homes, small (1-6 children).
      2. Residential group homes for up to five handicapped or elderly people.
      3. Single-family, detached subject to the restrictions in (d)(4) of this
        section.

    2. Institutional/Civic/Public:
      1. Public park or recreation areas, including multipurpose trails.
      2. Public recreational facilities, indoor or outdoor.
      3. Essential public utility and public services installations, including bus
        shelters and bus stops, but not including water towers, power
        generating stations, transfer stations, or outdoor storage.

    3. Accessory Uses: See Section 1206.03.

  3. Conditional Uses
    The following uses shall be conditionally permitted in District 4 subject to meeting
    all applicable requirements set forth in this section and Section 1206.02, "Conditional
    Uses."
    1. Residential:
      1. Assisted living.
      2. Duplexes.
      3. Model homes.
      4. Multi-family.
      5. Residential group homes for the handicapped or elderly (from 6 to 8
        people).
      6. Single-family, attached.
      7. Townhomes.

    2. Commercial/Retail:
      1. Bed and breakfast inns.
      2. Private-membership recreational facilities or clubs.

    3. Institutional/Civic/Public:
      1. Cemeteries.
      2. Places of religious worship, including churches and synagogues.
        Religious schools and day care centers may be permitted as accessory
        uses within the same structure as the principal conditional use.
      3. Public, non-profit, or private cultural facilities, including but not
        limited to libraries and museums.
      4. Public safety and emergency services, including police or fire stations
        and emergency medical services.
      5. Schools, public or private -- preschool, elementary, secondary, or postsecondary -- including
        dormitories.

    4. Accessory Uses:
      1. Shared driveways for dwellings.
      2. See Section 1206.03.

  4. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207,
    "Zoning Development and Site Plan Standards," development in District 4 shall
    comply with all of the following development/design standards (all standards are
    minimums unless otherwise noted):
    1. Maximum Net Density:
      1. Single-Family Detached: 4 dwelling units per acre unless the net
        density of a proposed development exceeds 150% of the net density
        of the residential development within 600 feet of a proposed
        development, excluding vacant parcels. In such case, while the
        maximum net density is 4 dwelling units per acre, the proposed
        development shall be a Conditional Use subject to procedures of this
        Code.
      2. Duplexes: 4 dwelling units per acre.
      3. Single-Family Attached: 6 dwelling units per acre.
      4. Townhomes: 8 dwelling units per acre.
      5. Multi-Family: 12 dwelling units per acre.

    2. Permitted Mix of Residential Uses per Development: Within any one
      residential development project in District 4, no more than 25% of the total
      number of housing units in the development shall be single-family attached
      and/or multi-family units.

    3. Open Space: In addition to compliance with the standards and requirements
      governing open space set forth in Section 1207.05 of this Code, development
      in District 4 shall set aside a minimum of 25% of the gross land area for
      private open space.

    4. Minimum Lot Size:
      1. Single-family detached and duplex: 6,000 square feet.
      2. Single-family attached: 6,000 square feet.
      3. Townhomes: 2,500 square feet.
      4. Multi-family: 10,000 square feet.

    5. Minimum Lot Width:
      1. Single-Family Detached: 60 feet.
      2. Duplexes: 60 feet.
      3. Single-Family Attached: 20 feet.
      4. Townhomes: 24 feet.
      5. Multi-Family Uses: 150 feet.
      6. Non-Residential Uses: 150 feet.
      7. Lots Abutting Railroad Right-of-Way: In order to enable an increase
        in the rear yard setback and allow room for a landscaped buffer
        between the dwelling and the railroad right-of-way when a lot abuts
        and backs onto a railroad right-of-way, the minimum lot width may
        be reduced by not more than ten (10) percent provided the lot depth is
        at least two-hundred fifty (250) feet.

    6. Setbacks:
      Unless modified pursuant to Section 1203.08, "Minor Modifications," the
      minimum yard setbacks in District 4 shall be:
      1. Minimum Front Yard Setback:
        1. Residential Uses Except Multi-Family: 35 feet.
        2. Multi-Family Uses: 15 feet.
        3. Non-Residential Uses: Minimum of 1.5 times the maximum
          height of the principal building.
        4. Averaging shall be Required for Setbacks: Except for new
          residential development on lots fronting arterial roads, the
          front setback shall not differ by more than ten (10) percent
          from the average of the front yard setbacks existing on the
          two properties immediately adjoining the subject property,
          unless approved by the Architectural and Historic Board of
          Review. If one or more of the adjoining properties is vacant,
          the front yard setback shall be fifty (50) feet.
      2. Minimum Side Yard Setback:
        1. Single-Family Uses: 8 feet.
        2. Duplexes: 10 feet.
        3. Multi-Family Uses: 10 feet.
        4. Side-Facing Attached Garage: 25 feet.
        5. Other Accessory Structures: 4 feet.
        6. Corner Lots: 35 feet for street side not designated as "front."
      3. Rear Yard Depth:
        1. Principal Structure: 40 feet.
        2. Accessory Structure: 4 feet.
      4. Arterial Setbacks: See arterial setback and landscaping requirements
        in Section 1207.04(k), "Landscaping/Buffering."

    7. Maximum Number of Units per Structure:
      1. Single-Family Attached: 8 attached units per structure.
      2. Townhomes: 6 units per structure.
      3. Multi-Family: 12 units per structure.

    8. Maximum Structure Height:
      1. Single-Family Detached and Duplexes: 35 feet.
      2. Single-Family Attached and Townhomes: 35 feet.
      3. Multi-Family: 40 feet.
      4. Non-Residential: 40 feet.

    9. Building Siting and Orientation.
      The following building siting and orientation requirements shall apply to new
      development in District 4, except for new development with a front yard
      depth of 130 feet or more:
      1. Principal Residential StructuresCSingle-Family Detached &
        Duplexes.
        1. The main entrance(s) to the residence shall face the street.
        2. The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the street
          extended through the approximate center of the main mass, if
          the street is curved.
      2. Principal Residential StructuresCSingle-Family Attached,
        Townhomes, & Multi-Family.
        1. The entrance to at least one dwelling unit within each
          building shall face the street. (See Figure 6.)
        2. Each unit within a structure shall have its own front entryway
          to the outside.
        3. The front wall of the principal structure, or the front wall of at
          least one principal structure in a multi-building development,
          shall be parallel to the street or perpendicular to a radius of
          the curve of the street extended through the approximate
          center of the main mass, if the street is curved.
      3. Principal Residential Structures on Corner Lots.
        1. In general, the structure shall face one of the streets and not
          the corner.
        2. One side of the structure shall be designated the "front" and
          shall be subject to the requirements set forth in paragraph (A)
          or (B) above, and requirements regarding private walks and
          entryways set forth below in subsection (12).
      4. Private Garages.
        1. Doors of attached garages shall not face the street.
        2. Detached garages shall be located only in the rear yard.
        3. New development of a residential dwelling shall provide
          space for the storage of at least one car within an enclosed
          garage.
      5. Non-Residential Development.
        1. The main entrance to the principal structure shall face the
          street.
        2. The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the
          street extended through the approximate center of the main
          mass, if the street is curved.
        3. The main body of the principal structure shall be closest to
          the street.

    10. Architecture and Design Standards.
      See Architectural Design Guidelines located in Appendix D.

    11. Bufferyard Requirements for Lots Abutting a Historic Landmark. New
      development on lots that abut a historic landmark shall establish a bufferyard
      equivalent to or greater than "Bufferyard C" as set forth in Section 1207.04(g)
      of this Code. The bufferyard shall be established on the boundary that abuts
      the historic landmark.

    12. Private Walkway Entrances. All new development shall connect the front
      entrance of the principal structure to the sidewalk with a private connecting
      walkway surfaced with either concrete, brick, or stone, except where the front
      yard is greater than 60 feet.

    13. Driveway Curb Cuts.
      1. Single-Family Detached and Duplexes: No more than 1 driveway
        curb cut per lot.
      2. Single-Family Attached and Multi-Family: No more than 2 driveway
        curb cuts per development site.
      3. Non-Residential Uses: No more than 1 driveway curb cut per lot,
        except that when the lot is wider than 150 feet then no more than 2
        driveway curb cuts per lot.

    14. Location of Parking. In addition to the off-street parking requirements set
      forth in Section 1207.12 of this Code, off-street parking shall be located only
      to the side and rear of the principal building. Off-street parking shall not be
      allowed within the front setback area.

    15. Distance Between Residential Buildings.
      Structures containing either single-family-attached, townhomes, or multifamily
      dwelling units shall be separated from each other by a minimum of
      twenty (20) feet at their closest points.

    16. Pedestrian/Bicycle Pathways and Linkages:
      1. Provision shall be made in the design of all developments for nonvehicular
        circulation systems, including but not limited to sidewalks,
        pathways, and bikeways.
      2. Any amount of land set aside for trails in a development shall be
        credited toward either the public or private open space requirements
        set forth in this section and in Section 1207.05 of this Code.
      3. Sidewalks at least five (5) feet wide shall be provided on both sides
        of all streets in District 4, shall run parallel to the street within the
        right-of-way, and shall be separated from the curb by a planting strip
        at least five (5) feet in width.
      4. To the maximum extent feasible, provision shall be made in the
        design of developments for interconnections with existing or planned
        streets and pedestrian or bikeway systems on adjoining properties,
        unless the City determines that such interconnections would have
        adverse impacts on open spaces, wetlands, sensitive environmental
        areas, or other significant natural areas.

    17. (16) Environmental Standards
      See Section 1205.13, "Floodplain/Floodway Overlay."

Section 1205.08    District 5: Village Core District

  1. Purpose
    This District is intended to preserve and protect the Village Core, which is the
    historic and commercial center of the City of Hudson. This District contains portions
    of Hudson's Historic District, and all new development in this District shall be
    consistent with the Historic Core Plan as set forth in the Comprehensive Plan. While
    a wide range of uses currently exists within the District, including several nonconforming
    industrial and office uses, the regulations contained in this District are
    intended to encourage a predominance of compact and pedestrian-scale retail,
    service, and office uses in the Village Core. The visual focus of the Village Core is
    the Village Green and Village Green Extension, and all uses located on streets
    adjacent to the Village Green or Village Green Extension shall be required to face
    these open spaces. New commercial and retail development will be required to
    reflect the overall appearance, form, pattern, and design of the Historic District.

    To the maximum extent feasible, new development in the district will be required to
    preserve and protect the scenic and natural landscape qualities, as well as the
    drainage and flood control functions, of Brandywine Creek. Regional and local
    traffic congestion at the intersection of Routes 91 and 303 has hampered accessibility
    into and out of the Village Core; accordingly, alternate access routes will be
    encouraged in this District, including pedestrian ways and bikeways, and new
    development will be required to submit proposed parking programs, access plans,
    and traffic impact studies for review.

  2. Uses By-Right
    Subject to the restrictions in (d)(4) of this section:
    1. Residential:
      1. Duplexes.
      2. Dwelling units stacked above or mixed with offices or other
        commercial space.
      3. Family day care homes, small (1-6 children).
      4. Residential group homes for up to 5 handicapped or elderly people.
      5. Single-family, detached.
      6. Single-family, attached.
      7. Townhomes

    2. Commercial/Retail:
      1. Artisan studios, photography shops and studios, and art galleries.
      2. Assembly and meeting halls, provided that such use on the ground
        floor of a structure shall not exceed 5,000 square feet of gross floor
        area.
      3. Automated teller machines (ATMs).
      4. Banks or other financial institutions, except drive-through bank teller
        or ATM facilities, provided that such use located on the ground floor
        of a structure shall not exceed 5,000 square feet of gross floor area.
      5. Bars/taverns, provided that such use located on the ground floor of a
        structure shall not exceed 5,000 square feet of gross floor area.
      6. Bed and breakfast inns.
      7. Medical clinics, provided that any clinic use located on the ground
        floor of a structure shall not exceed 5,000 square feet of gross floor
        area.
      8. Offices, business or professional, provided that any office use located
        on the ground floor of a structure shall not exceed 5,000 square feet
        of gross floor area.
      9. Parking lot as a principal use.
      10. Recording, radio, or television studios, provided that any such use
        shall not exceed 2,500 square feet of gross floor area.
      11. Restaurants, except drive-through restaurants, provided that such use
        located on the ground floor of a structure shall not exceed 5,000
        square feet of gross floor area.
      12. Retail uses, provided that any retail use located on the ground floor of
        a structure shall not exceed 5,000 square feet of gross floor area.
      13. Services, personal, business, or repair, except for vehicle repair,
        provided that any such use located on the ground floor of a structure
        shall not exceed 5,000 square feet of gross floor area.

    3. Planned Developments:
      1. Commercial planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.
      2. Mixed-use planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.

    4. Institutional/Civic/Public:
      1. Government facilities, administrative offices, and services, including
        but not limited to city or county offices, provided that the facility or
        service shall not exceed 5,000 square feet in gross floor area.
      2. Public, non-profit, or private cultural facilities including but not
        limited to libraries and museums.
      3. Public park or recreation areas, including multipurpose trails.
      4. Public recreational facilities, indoor or outdoor.
      5. Essential public utility and public services installations, including bus
        shelters and bus stops, but not including water towers, power
        generating stations, transfer stations, or outdoor storage.

    5. Accessory Uses: See Section 1206.03, "Accessory Uses."

  3. Conditional Uses
    The following uses shall be conditionally permitted in District 5 subject to meeting
    all applicable requirements set forth in (d) of this section, including the locational
    restriction of (d)(4) and Section 1206.02, "Conditional Uses.":
    1. Residential:
      1. Assisted living.
      2. Model homes.
      3. Multi-family.

    2. Commercial/Retail:
      1. Automobile service stations.
      2. Banks, or other financial institutions, with drive-through teller or
        ATM facilities, provided that when such use is located on the ground
        floor of the structure it shall not exceed 5,000 square feet of gross
        floor area.
      3. Bars/taverns located within 200 feet of a residential use.
      4. Convenience stores and specialty grocery stores.
      5. Entertainment and indoor amusement facilities.
      6. Funeral homes.
      7. Lodging.
      8. Liquor stores.
      9. Offices, business or professional, located on the ground floor of a
        structure with a building footprint greater than 5,000 square feet, but
        less than 10,000 square feet of gross floor area.
      10. Recreational or sports training facilities, commercial.
      11. Restaurants located within 200 feet of a residential use, but not
        including drive-through restaurants.
      12. Retail and restaurant uses with a building footprint greater than 5,000
        square feet, but less than 10,000 square feet or provided that the use
        is part of a Planned Development and subject to a Development
        Agreement, and provided that any structure must be broken up into
        storefront modules not exceeding thirty (30) feet in width. Each
        module shall have a prominent entry, display windows, and other
        architectural features to distinguish it from adjacent modules.
      13. Retail uses with outdoor sales or storage.
      14. Veterinary facility, small animal clinic (allow overnight, indoor
        boarding).
      15. Parking structure as a principal use.

    3. Institutional/Civic/Public:
      1. Cemeteries.
      2. Convention or conference centers.
      3. Government facilities, administrative offices, and services, including
        but not limited to city/county offices, post office, or similar uses, that
        exceeds 5,000 square feet in ground floor gross floor area.
      4. Places of religious worship, including churches and synagogues.
        Religious schools and day care centers may be permitted as accessory
        uses within the same structure as the principal conditional use.
      5. Public Safety and Emergency Services.
      6. Schools, public or private -- preschool, elementary, secondary, or postsecondary.
      7. Transportation facilities without repairs (bus terminal, train depot,
        etc.)

    4. Accessory Uses: See Section 1206.03, "Accessory Uses."

  4. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207,
    "Zoning Development and Site Plan Standards," development in District 5 shall
    comply with all of the following development/design standards (all standards are
    minimums unless otherwise noted):
    1. Maximum Net Density:
      1. Single-family detached: 8 dwelling units per acre.
      2. Single-family attached: 8 dwelling units per acre.
      3. Duplex: 12 dwelling units per acre.
      4. Townhomes: 20 dwellings units per acre.
      5. Multi-family: 30 dwelling units per acre.

    2. Open Space: All residential developments of less than 10 dwelling units are
      exempt from this Code's public open space dedication and in-lieu
      requirements.

    3. Mix of Uses:
      Mixed-use developments shall be strongly encouraged in District 5, subject
      to the following standards:
      1. More than one principal commercial/retail use permitted by-right or
        conditionally in District 5 may be developed or established together
        on a single lot or site, or within a single structure, provided all
        applicable requirements set forth in this section and Code and all
        other applicable ordinances are met.
      2. Any combination of residential and commercial/retail uses that are
        permitted by-right or conditionally in District 5 may be developed or
        established together on a single lot or site, or within a single
        structure, provided all applicable requirements set forth in this section
        and Code, and all other applicable ordinances, are met. For example,
        a two-story structure on a single lot in the Village Core may have a
        restaurant or retail store on the ground floor, and residential
        apartments or condominiums on the second floor.

    4. Locational Restrictions on Permitted UsesCMain Street.
      On the west side of Main Street in District 5, extending from Park Lane on
      the south to Owen Brown Street on the north, all Main Street floor level uses
      shall be limited to restaurants, bars/taverns, retail trade or personal service
      establishments less than 5,000 square feet in gross floor area. No new
      business or professional offices, business service establishments, banks or
      financial institutions, or ATMs shall be allowed or established on the Main
      Street floor level of existing or new structures located on the portion of Main
      Street specified in this provision. Any Planned Development to the west of
      Main Street within the area bounded by Clinton Street, Morse Road and State
      Route 303 must limit ground floor non-public uses to permitted uses by right
      or conditionally as Commercial and Retail Uses referred to in (b)(2)and
      (c)(2) above, but shall not include (b)(2)(G), (b)(2)(H), business service
      establishments of (b)(2)(M), or (c)(2)(A), (c)(2)(F), (c)(2)(I), and (c)(2)(N).

    5. Minimum Lot Width:
      1. Single-Family Detached: 50 feet.
      2. Single-Family Attached: 48 feet.
      3. Townhomes: 24 feet.
      4. Multi-Family Uses: 100 feet.
      5. Non-Residential Uses: Not Applicable.
      6. Lots Abutting Railroad Right-of-Way: In order to enable an increase
        in the rear yard setback and allow room for a landscaped buffer
        between the dwelling and the railroad right-of-way when a lot abuts
        and backs onto a railroad right-of-way, the minimum lot width may
        be reduced by not more than ten (10) percent provided the lot depth is
        at least two-hundred, fifty (250) feet.

    6. Maximum Number of Dwelling Units per Structure:
      1. Single Family Attached: 4 dwelling units
      2. Townhomes: 4 dwelling units.
      3. Multi-Family: 12 dwelling units.

    7. Setbacks: Unless modified pursuant to Section 1203.08, "Minor
      Modifications," the yard setbacks in District 5 shall be:
      1. Minimum Front Yard Setback:
        1. (i) Residential Uses: 20 feet.
        2. (ii) Non-Residential Uses: A minimum of 75% of the front wall
          of commercial/retail buildings shall be built to the edge of the
          front sidewalk or front property line (minimum and maximum
          front yard/setback = 0 feet).
        3. (iii) Averaging May be Required for Setbacks: When the two
          immediately adjoining properties contain existing
          development, then the front setback shall not differ by more
          than ten (10) percent from the front yard setbacks existing on
          either one of the two properties immediately adjoining the
          subject property.
      2. Minimum Rear Yard Setback:
        1. (i) Residential-Principal Structure: 25 feet.
        2. (ii) Residential-Accessory Structure: 5 feet.
        3. (iii) Non-Residential: 10 feet, except that when the rear yard
          abuts a residential use, the rear yard setback shall be
          increased to 20 feet from the property line.
      3. Minimum Side Yard Setback:
        1. (i) Single-Family Uses: 8 feet.
        2. (ii) Duplexes: 10 feet.
        3. (iii) Multi-Family Uses: 10 feet.
        4. (iv) Side-Facing Attached Garage: 25 feet.
        5. (v) Other Accessory Structures: 5 feet.
        6. (vi) Non-Residential: 0 feet provided that adequate access is
          available at the rear of the use via an alley or other means of
          ingress for emergency and service vehicles. Except that when
          adjacent to the residential use shall be at least 15 feet from the
          property line.

    8. Maximum Building Coverage:
      1. Commercial/Retail Uses: The amount of impervious coverage shall
        be no more than 80% of the total gross lot area unless covered under
        the provisions of a Planned Development and Development
        Agreement.
      2. Single-Family Attached, Townhome, and Multi-Family Residential
        Uses: The amount of impervious coverage shall be no more than
        75% of the total gross lot area.

    9. Maximum Structure Height:
      1. Single-Family Detached, Attached, Duplexes, Townhomes: 35 feet.
      2. Multi-Family Residential Uses: 40 feet.
      3. Commercial/Retail and Other Non-Residential Uses: 45 feet, except
        that no facade or portion of a building shall exceed a height such that
        it would be visible above the height of existing facades of buildings
        fronting on Main Street when viewed from the Village Green.

    10. Distance Between Residential Buildings: Structures containing either singlefamily-
      attached, townhomes, or multi-family dwelling units shall be
      separated from each other by a minimum of twenty (20) feet at their closest
      points.

    11. Building Siting and Orientation:
      The following building siting and orientation requirements shall apply to new
      development in District 5:
      1. Principal Residential StructuresCSingle-Family Detached &
        Duplexes.
        1. (i) The main entrance(s) to the residence shall face the street.
        2. (ii) The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the
          street extended through the approximate center of the main
          mass, if the street is curved.
      2. Principal Residential StructuresCSingle-Family Attached,
        Townhomes, & Multi-Family.
        1. (i) The entrance to at least one dwelling unit within each
          building shall face the street. (See Figure 6.)
        2. (ii) The front wall of the principal structure, or the front wall of at
          least one principal structure in a multi-building development,
          shall be parallel to the street or perpendicular to a radius of
          the curve of the street extended through the approximate
          center of the main mass, if the street is curved.
      3. Principal Residential Structures on Corner Lots.
        1. (i) In general, the structure shall face one of the streets and not
          the corner.
        2. (ii) One side of the structure shall be designated the Afront@ and
          shall be subject to the requirements set forth in paragraph (A)
          or (B) above and requirements regarding private walks and
          entryways set forth below in subsection 14.
      4. Private Garages:
        1. (i) Doors of attached garages shall not face the street.
        2. (ii) An attached garage shall be sited so that its door is not visible
          from the primary direction of approach.
        3. (iii) Detached garages shall be located in the rear yard.
      5. Non-Residential Development:
        1. (i) Commercial/retail buildings shall maintain a continuous wall
          plane at the front property line. Architectural features, such
          as bay windows, may project beyond this plane no more than
          30 inches at a minimum height of 12 feet above the sidewalk.
        2. (ii) The main entrance to the principal structure shall face the
          street.
        3. (iii) The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the
          street extended through the approximate center of the main
          mass, if the street is curved.

    12. Architecture and Design Standards:
      See Architectural Design Guidelines located in Appendix D.

    13. Bufferyard Requirements for Lots Abutting a Historic Landmark: New
      development on lots that abut a historic landmark shall establish a bufferyard
      equivalent to or greater than "Bufferyard C" as set forth in Section
      1207.04(g) of this Code. The bufferyard shall be established on the boundary
      that abuts the historic landmark.

    14. Private Walkway Entrances: All new residential development shall connect
      the front entrance of the principal structure to the sidewalk with a private
      connecting walkway surfaced with either concrete, brick, or stone.

    15. Driveway Curb Cuts:
      1. Townhomes and Duplexes: No more than 1 driveway curb cut per
        lot.
      2. Single-Family Attached and Multi-Family: No more than 2 driveway
        curb cuts per development site.Non-Residential Uses: No more than 1
        driveway curb cut per lot, except that when the lot is wider than 150
        feet then no more than 2 driveway curb cuts per lot.
      3. See Section 1207.13(c)(5) regarding limits on curb cuts to arterial and
        collector roads.

    16. Environmental Standards:
      See Section 1205.13, "Floodplain/Floodway Overlay District."

    17. Street Connections and Design:
      1. State Route 91 and State Route 303: State Route 91 and State Route
        303 within District 5 shall not be widened with additional through
        lanes, nor shall angled parking be eliminated on the west side of
        Route 91, north of Route 303.

    18. Location of Parking:
      In addition to the standards for off-street parking set forth in Section 1207.12
      of this Code, the following restrictions shall apply in District 5 to new
      development:
      1. Location and AccessCResidential Uses:
        1. (i) Off-street parking shall not be located in a principal
          building's front yard setback area..
        2. (ii) Off-street parking shall be located at the rear of a principal
          building on the interior of the lot and shall be accessed by
          means of shared driveways, preferably from side streets or
          alleys.
        3. (iii) Driveways may be located in the rear yard setback area.
      2. Location and AccessCNon-Residential Uses:
        1. (i) No more than ten (10) percent of off-street parking shall be
          located in front of a principal building.
        2. (ii) All other off-street parking shall be located at the rear of a
          building on the interior of the lot and shall be accessed by
          means of shared driveways, preferably from side streets or
          alleys.
        3. (iii) Driveways may be located in the rear yard setback area.
      3. Non-Residential Uses–Shared Parking: Parking lots shall be
        interconnected with non-residential parking lots on adjacent
        properties to the maximum extent feasible. As per Section
        1207.12(h), "Joint or Collective Parking Facilities," cross-access
        easements or other acceptable agreements for adjacent lots with
        interconnected parking lots shall be submitted in language acceptable
        to the city's solicitor and PC to ensure availability of shared parking
        to users.

    19. Pedestrian Amenities:
      1. Sidewalks:
        1. (i) Sidewalks at least five (5) feet wide shall be provided on all
          sides of a lot that abut a public street, way, or open space.
        2. (ii) Sidewalks at least five (5) feet wide shall be provided along
          the full length of a building facade that features a customer
          entrance and along any building facade abutting a public
          parking area.
        3. (iii) All internal pedestrian walkways shall be designed to be
          visually attractive and distinguishable from driving surfaces
          through use of durable, low-maintenance surface materials
          such as pavers, brick, or scored concrete to enhance
          pedestrian safety and comfort.
      2. Linkages: To the maximum extent feasible, provision shall be made
        in the design of developments for connections with existing or future
        pedestrian systems on adjoining properties, including but not limited
        to connections to existing or future sidewalks, bikeways, walkways,
        and any existing or planned trail systems along Brandywine Creek.

Section 1205.09    District 6: Western Hudson Gateway

  1. Purpose
    District 6, together with District 8, is intended to provide key development
    opportunities for future employment growth in the City of Hudson. Permitted uses
    encourage the development of high-quality planned office and industrial business
    park developments. District 6 also serves as the key western gateway to the City of
    Hudson and district regulations, including heightened landscaping standards and
    application of industrial design/architectural guidelines, are intended to create
    attractive entryways into the City along Route 303 (Streetsboro Road) and Boston
    Mills Road. In addition, in order to better manage traffic generation patterns in the
    City, District 6 is intended to encourage relatively more intense traffic-generating
    uses to concentrate at the western edge of Hudson in order to benefit from easy
    access to Route 8.

    District 6 also contains significant natural wetlands and features. Accordingly, a
    primary purpose of these District 6 regulations is to preserve and protect the district's
    critical environmental and wetlands features, while integrating them into planned
    projects as valuable open space amenities. New development is encouraged to
    respect existing land forms and to limit grading and site disturbance adjacent to
    wetlands.

    In addition, with large land areas that fall within the boundaries of the City's
    designated wellhead protection area, the District 6 regulations are intended to
    advance the goals of the Hudson Wellhead Protection Study (dated February 13,
    1997), the Ohio EPA Wellhead Protection Program (dated May 1992), and the Spill
    Prevention Plan.

  2. Uses By-Right, except as limited by subsection (d) below:
    1. Commercial/Retail:
      1. Banks, subject to the conditions set forth in subsection (d) below;.
      2. Office business parks.
      3. Offices, business or professional, not located in a business park;
      4. Recording, radio, or television studios;
      5. Restaurant, subject to the conditions set forth in subsection (d) below;
      6. Retail uses, subject to the conditions set forth in subsection (d) below;
      7. Services, business personal or repair, subject to the conditions set forth
        in subsection (d) below;
      8. Showrooms and salesrooms for wholesale distribution;
      9. Wholesale trade.

    2. Industrial Uses:
      1. Industrial business parks.
      2. Industrial use, light
      3. Research laboratories, including but not limited to:
        1. Theoretical and applied research in all the sciences;
        2. Product development and testing;
        3. Product engineering development; or
        4. Market development.
      4. Warehousing, distribution, and/or storage;
      5. Workshop and custom small industry uses.

    3. Institutional/Civic/Public Uses:
      1. Public park or recreation areas, including multipurpose trails.
      2. Public recreational facilities, indoor or outdoor.
      3. Essential public utility and public services installations, including bus
        shelters and bus stops, but not including water towers, power
        generating stations or transfer stations.

    4. Planned Developments:
      1. Commercial planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.
      2. Industrial planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.

    5. Accessory Uses:
      1. Storage of goods, non-hazardous materials and equipment is
        permitted in the side and rear yard. Storage shall be screened from
        view on the front by Bufferyard B and shall be screened from view of
        the side lot lines by Bufferyard A as described in Section 1207.04(g).
      2. See Section 1206.03, “Accessory Uses”.

  3. Conditional Uses
    The following uses shall be conditionally permitted in District 6 subject to meeting
    all applicable requirements set forth in this section and Section 1206.02, "Conditional
    Uses."
    1. Residential
      1. Assisted Living

    2. Commercial:
      1. Day care centers, child or adult.
      2. Lodging
      3. Medical clinics.
      4. Recreational or sports training facilities, commercial.
      5. Vehicle and equipment rentals.
      6. Vehicle repair and service
      7. Wireless telecommunications facility.

    3. Institutional/Civic/Public Uses:
      1. Continuing care retirement community.
      2. Convention or conference center.
      3. Government facilities, administrative offices, and services, including
        but not limited to police or fire stations, emergency medical service
        facilities, post office, library, or similar uses.
      4. Hospitals, including heliports as an accessory use.
      5. Institutional residential for the elderly and handicapped (for 9 or
        More people).

  4. Special Conditions for Permitted Uses in District 6
    As applicable, all by-right or conditional uses shall satisfy the following conditions:
    1. Wholesale uses or warehousing, distribution, and/or storage uses shall not
      occupy more than 60% of the gross floor area of any structure located on any
      parcel or lot with frontage on Route 303 or Boston Mills Road.

    2. Only office, office business park, day care center, medical clinic or research
      laboratory uses shall be permitted as the principal use of each building on
      parcels or lots located north of Boston Mills Road.

    3. Only office or office business park uses shall be permitted uses by right on
      parcels or lots that front Route 303 and that are located 600 or more feet east
      of the intersection of Route 303 and Hudson Crossing Parkway. All other
      uses shall be allowed conditional uses.

    4. Commercial and retail uses permitted by right or conditionally and that reference this subsection, whether the use is one or more than one business establishment, shall be permitted in Districts 6 and 8 only if one of the following conditions is met:
      1. The commercial or retail activity is part of a Planned Development
        and the total commercial or retail uses does not exceed 10,000 gross square feet in any one building and the total commercial and/or retail uses does not exceed 10,000 gross square feet in any one building and the total commercial and/or retail uses does not exceed 40,000 gross square feet within any Planned Developmemnt; or
      2. The total commercial or retail uses does not exceed the lesser of 10,000 gross square feet or 25% of the gross floor area of any one building used or designed for office or industrial uses and does not exceed 40,000 gross square feet of the existing combined building gross floor area on the same parcel; or
      3. Commercial or retail uses may occupy a building separate from an office or industrially-used building, provided there exists at least 30,000 gross square feet of building space used or designed for
        office or industrial use on the same parcel. The total commercial or retail uses shall not exceed 10,000 gross square feet in any one building, shall not exceed 25% of the gross floor area of the total buildilng gross floor area on the parcel, and shall not exceed a total of 40,000 gross square feet on the same parcel.
  5. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207.18 "Zoning Development and Site Plan Standards –for Districts 6 and 8", development in District 6 shall comply with all of the following development/design standards (all standards are minimums unless otherwise noted).
    1. Maximum Floor Area-to-Lot Area Ratio:
      1. Office Uses:
        1. Stand-Alone: .40 to 1.0
        2. As Part of a Business Park: 1.0 to 1.0
      2.  Industrial and Warehouse Uses:
        1. Stand-Alone: .40 to 1.0
        2. As Part of a Business Park: 1.0 to 1.0
      3. Mixed Office and Industrial Uses: 1.0 to 1.0

    2. Minimum Parcel Size:
      1. Office Uses: 2 acres.
      2. Office or Industrial Park: 5 acres.
      3. Industrial Uses: 2 acres.

    3. Minimum Setbacks: Setbacks in District 6 shall be:
      1. Determined on Case-by-Case Basis. Because of the pervasiveness of
        sensitive environmental areas within District 6, building setbacks and
        yard requirements for development shall be determined on a case-bycase
        basis by the City Manager or Planning Commission either
        during the subdivision approval process or during the site plan
        approval process. All determinations of setbacks and yard
        requirements shall use as a starting point the setbacks set forth in
        paragraphs (B)-(C) below, which may be modified pursuant to the
        criteria set forth in Section 1207.18(B)(3). The determination shall
        also be based on setbacks of existing buildings on adjacent lots and
        parcels and protection of any adjacent residential uses.
      2. Minimum Front Yard Setbacks: 50 feet for principal and accessory
        buildings and 25 feet for parking areas/lots, except the minimum
        setback for principal and accessory buildings and parking lots shall
        be 100 feet on the south side of State Route 303 and on Boston Mills
        Road.
      3. Minimum Side and Rear Yard Setbacks: 25 feet
      4. Setbacks from Adjacent Residential Uses: Notwithstanding the
        provisions above,
        1. all buildings and structures, shall be located at least onehundred
          (100) feet from the lot line of any adjacent
          residentially zoned property.
        2. all materials, and vehicles, whether such vehicle is parked or
          stored, shall be located at least fifty (50) feet from the lot line
          of any adjacent residentially zoned property.
        3. all buildings and structures shall be located at least fifty (50)
          feet from the lot line of any adjacent residentially used
          property.
        4. all materials, and vehicles, whether such vehicle is parked or
          stored, shall be located at least twenty-five (25) feet from the
          lot line of any adjacent residentially used property.

    4. Route 303 Western Gateway: Landscaped Front Yard Setbacks.
      Notwithstanding subsection (3)(B) above, the following front yard setback
      areas shall be established and maintained:
      1. Route 303 From Terex Road Extension west to the city boundary: A
        front yard setback with a minimum width of 300 feet shall be
        required on the north side only of Route 303;
      2. Route 303 From Terex Road Extension east for 600 feet: A front
        yard setback with a minimum width of 200 feet shall be required on
        the north side only of Route 303; and
      3. Route 303 from 600 feet east of Terex Road Extension east to the
        eastern District 6 boundary: A front yard setback with a minimum
        width of 100 feet shall be required on the north side only of Route
        303.

        All the front yard setback areas set forth above shall be landscaped to meet, at
        a minimum, the planting requirements set forth in Section 1207.18.
        Landscaping plans for these setback areas may incorporate treatments ranging
        from natural and undisturbed to a highly formalized landscaped design; in all
        cases, however, existing topography shall be respected to the maximum
        extent feasible through limited site grading.

    5. Maximum Structure Height: 50 feet.

    6. Architecture and Design Standards: All uses in District 6 shall
      comply with the design standards set forth in Section 1207.18 of this Code.
      All other uses shall comply with the Architectural Design Standards.

    7. Underground Storage: No underground storage shall be permitted in District 6.

    8. Vehicular Access:
      1. Through Access. Hudson Crossing Parkway shall be extended as a
        public street to connect Terex Road through to either Boston Mills
        Road directly or indirectly using Chittenden Road. If this street
        extension turns west to intersect with Chittenden Road, the right-ofway
        shall be dedicated with 60 feet of width and constructed to City
        standards.
      2. Local Access. Notwithstanding provisions set forth in Section
        1207.18(f) cul-de-sac access drives in District 6 shall have a 60-foot
        right-of-way with a minimum 120-foot diameter turnaround.
      3. Driveway Curb Cuts. To the maximum extent feasible, the number
        of curb cuts shall be minimized by consolidation, shared driveways,
        or other means. Notwithstanding the policies of Section 1207.18(f)
        regarding curb cuts to arterial and collector streets shall remain the
        basic policy but may be altered within this District through a
        Development Agreement.

    9. Location of Parking: Off-street parking should be located at the rear or side
      of buildings. Parking may be located in the building front yard if limited to
      25% of the required off-street parking, or a one aisle parking bay across the
      front of the building. There is no maximum amount of parking in the
      building front yard if the parking is screened with trees and/or mounding in
      addition to parking lot perimeter landscaping.

    10. Loading Areas: Loading docks and other loading areas shall be sited at the
      rear or to the side of buildings, except that this standard may be modified or
      waived to preserve sensitive environmental features in unusual
      circumstances. All loading areas shall be screened in compliance with
      Section 1207.18 of this Code.

    11. Pedestrian Amenities/Linkages:
      1. Sidewalks:
        1. Sidewalks or paved paths at least five (5) feet wide shall be
          provided on one side of an abutting public street unless the
          Planning Commission, based upon the prior approval of an
          industrial park or for environmental reasons, determines to
          waive this requirement.
        2. Sidewalks at least five (5) feet wide shall be provided along
          the full length of a building facade that features a customer
          entrance and along any building facade abutting a public
          parking area.
        3. All internal pedestrian walkways shall be designed to be
          visually attractive and distinguishable from driving surfaces
          through use of durable, low-maintenance surface materials
          such as pavers, brick, or scored concrete to enhance
          pedestrian safety and comfort.
        4. The Planning Commission, based upon site specific
          circumstances including but not limited to, topography, storm
          water management, and the effect on utility systems may
          waive these requirements.
      2. Linkages: To the maximum extent feasible, provision shall be made
        in the design of developments for connections with existing or future
        pedestrian systems on adjoining properties, including but not limited
        to connections to existing or planned future sidewalks, bikeways,
        walkways, or trail systems. To the maximum extent practicable, a
        multi-purpose trail connector shall provide north-south access south
        of Boston Mills Road.

Section 1205.10    District 7: Outer Village Commercial Corridor and Office Overlay Zone

  1. Purpose
    This District is intended to continue the existing land use pattern of the area, which is
    characterized by a predominance of retail and service establishments that serve both
    the immediate residential neighborhoods as well as the greater community. The
    commercial uses in this District are oriented toward State Route 91, but traffic
    congestion and difficulties with access plague existing commercial and retail users.
    The regulations set forth in this District are intended to reinforce existing
    commercial uses, and allow their compatible redevelopment as long as these uses
    continue to be oriented toward State Route 91, will not aggravate existing traffic and
    vehicular access problems. Accordingly, until the Route 91 Corridor Management
    Plan is implemented by the City, or its implementation is included as a condition of a
    site plan approval process severe traffic problems in this area prevent approval of any
    new or expanded use that generates more than 100 vehicle end-trips per peak hour.

    The current uses and vacant land at the northern end of District 7 serve as a transition
    between existing community oriented retail and the neighboring residential portion
    of South Main Street. Existing office uses and large parcel sizes make this area
    attractive for new office development. Offices, which by nature require fewer
    vehicle trips, can have suitable access provided given the heavy traffic volumes of
    this corridor. The Office Overlay Zone of the northern portion of District 7 will
    protect and buffer residential uses to the north and reinforce retail uses to the south.

    Regulations set forth in this District are also intended to begin establishing a
    coherent design identity for the corridor, such as uniform setbacks and uniform
    height restrictions. At the same time, District 7 regulations will stress buffering and
    landscaping to protect adjacent residential development from any adverse noise,
    visual, or traffic impacts arising from new commercial/retail development.

  2. Uses By-Right, except as limited by subsection (d) below
    1. Commercial/Retail Uses:
      1. Artisan studios, photography shops or studios, and art galleries,
        provided the use does not exceed a gross floor area of 5,000 square
        feet.
      2. Assembly and meeting halls, provided that such use on the ground
        floor of a structure shall not exceed 10,000 square feet of gross floor
        area.
      3. Automated teller machines (ATMs), walk-up only.
      4. Banks or other financial institutions provided the use does not exceed
        a gross floor area of 5,000 square feet.
      5. Bars/taverns, provided the use does not exceed a gross floor area of
        5,000 square feet.
      6. Medical clinics, provided the clinic does not exceed a gross floor area
        of 10,000 square feet.
      7. Offices, business or professional.
      8. Recording, radio, or TV studios, provided that the gross floor area
        does not exceed a total of 2,500 square feet.
      9. Restaurants, except drive-through restaurants, provided the use does
        not exceed a gross floor area of 5,000 square feet.
      10. Retail uses, provided that the gross floor area does not exceed a total
        of 5,000 square feet.
      11. Services, personal, business, or repair, except vehicle repair, provided
        the use does not exceed a gross floor area of 5,000 square feet.

    2. Planned Developments:
      1. Commercial planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.

    3. Accessory Uses: See Section 1206.03, "Accessory Uses."

  3. (b) Conditional Uses, except as limited by subsection (d) below
    The following uses shall be conditionally permitted in District 7 subject to meeting
    all applicable requirements set forth in this section and Section 1206.02, "Conditional
    Uses."
    1. Commercial/Retail Uses No use shall exceed a gross floor area of 10,000
      square feet except as allowed by (K).
      1. Automotive dealers.
      2. Automobile repair and services.
      3. Automobile service stations.
      4. Bars or taverns located within 200 feet of a residential use.
      5. Car wash.
      6. Convenience stores.
      7. Day care centers, child or adult.
      8. Funeral home.
      9. Liquor store.
      10. Restaurants, except drive-through restaurants, located within 200 feet
        of a residential use.
      11. Retail uses on lots within District 7 which exist at the time of
        adoption of this Code may be expanded in excess of the 10,000
        square feet gross floor area limit on such lots if all of the following
        criteria are met:
        1. the proposed expansion will implement a component of the
          SR91 Corridor Management Plan;
        2. the proposed expansion is necessary for the continued
          economic viability of the existing use on that lot;
        3. the maximum floor area to lot area ratio (Section
          1205.10(d)(5) is complied with;
        4. the parking requirements of Section 1207.12 are complied
          with; and
        5. auto trips generated by the proposed expansion do not cause a
          degradation in the existing Level of Service on contiguous
          roadways.
      12. Retail uses with outdoor sales or storage.
      13. Veterinary facilities or small animal clinics including overnight
        indoor boarding.

    2. Accessory Uses: See Section 1206.03, "Accessory Uses."

  4. Special Conditions for District 7 Office Overlay Zone
    1. Only the following uses by right shall be permitted on parcels or lots fronting
      on Darrow Road and located on the west side of Darrow Road north of a
      point of Darrow Road 456' north of Faymont Drive (generally, a westerly line
      extended from Callander Drive) and parcels or lots located on the east side of
      Darrow Road south of a point of Darrow Road 494' south of Stoney Hill
      Drive in District 7, which area shall be known as the "District 7 Office
      Overlay Zone", and designated as such on the Official Zoning Map;
      1. Banks or other financial institutions, except for drive through teller
        and ATM facilities;
      2. Offices, business or professional.

    2. Only the following conditional uses shall be permitted in the "District 7
      Office Overlay Zone";
      1. Artisan studios, photography shops or studios, and art galleries;
        provided the use does not exceed a gross floor area of 5,000 square
        feet.
      2. Bed and Breakfast inns.
      3. Funeral homes.
      4. Recording, radio or TV studios, provided that the gross floor area
        does not exceed a total of 2,500 square feet.
      5. Business services provid3d the use does not exceed a gross floor are
        of 5,000 square feet.
      6. Personal services provided the use does not exceed a gross floor area
        of 5,000 square feet.
      7. Veterinary facilities or small animal clinics, including overnight
        indoor boarding.

  5. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207,
    "Zoning Development and Site Plan Standards," development in District 7 shall
    comply with all of the following development/design standards (all standards are
    minimums unless otherwise noted):
    1. Mix of Uses. More than one principal commercial/retail use permitted byright
      or conditionally in District 7 may be developed or established together
      on a single lot or site, or within a single structure, provided all applicable
      requirements set forth in this section and Code, including trip generation
      limitations, and all other applicable ordinances, are met.

    2. Minimum Lot Size: 2.5 acres.

    3. Minimum Lot Width: 250 feet.

    4. Minimum Lot Depth: 400 feet.

    5. Maximum Floor Area to Lot Area Ratio: .50 to 1.0

    6. Setbacks: Unless modified pursuant to Section 1203.08, "Minor
      Modifications," yard setbacks in District 7 shall be:
      1. Minimum Front Yard Setback: 30 feet.
      2. Minimum Side Yard Setback: 15 feet
      3. Minimum Rear Yard Setback: 30 feet, except when the rear yard of a
        non-residential use abuts a residentially zoned property, the rear yard
        setback shall be increased to 50 feet from the edge of the parking lot
        to the adjacent property line.
      4. Arterial Setbacks: See arterial setback and landscaping requirements
        in Section 1207.04(k), "Landscaping/Buffering".

    7. Maximum Structure Height: 35 feet.

    8. Building Siting and Orientation
      The following building siting and orientation requirements shall apply to new
      development in District 7 (See also parking location standards below.):
      1. The front of all buildings shall be oriented to the side property line
        (i.e., perpendicular to the Route 91 right-of-way).(See Figure 7.)
      2. Multiple buildings on a development site shall be oriented to create
        an interior space or courtyard, in which parking areas or private open
        space may be located. (See Figure 7.)
      3.  Loading and service docks shall be sited either at the rear of the
        building or along the side of the building opposite from the primary
        entrance.

    9. Architecture and Design Standards.
      See architectural design guidelines located in Appendix D.

    10. Vehicular Access: All development shall comply with the vehicular access
      standards and requirements set forth in any adopted comprehensive access
      management plans for the State Route 91 corridor.

    11. Traffic Generation Limits. No new or expanded use that generates more than
      100 vehicle end-trips during a peak hour shall be approved.

    12. Location of Parking.
      In addition to the standards for off-street parking set forth in Section 1207.12
      of this Code, the following restrictions shall apply in District 7:
      1. No more than ten (10) percent of off-street parking may be located in
        a building's front yard area. All other off-street parking shall be
        located at the rear or side of the building on the interior of lot and
        shall be accessed by means of shared driveways
      2. Shared Parking. Parking lots shall be interconnected with
        commercial/retail parking lots on adjacent properties to the maximum
        extent feasible. As per Section 1207.12(h), "Joint or Collective
        Parking Facilities," cross-access easements or other acceptable
        agreements for adjacent lots with interconnected parking lots shall be
        submitted in language acceptable to the city's solicitor and the PC to
        ensure availability of shared parking to users.

    13. Pedestrian Amenities:
      1. Sidewalks:
        1. Sidewalks at least five (5) feet wide shall be provided on all
          sides of a lot that abut a public street, way, or open space.
        2. Sidewalks at least five (5) feet wide shall be provided along
          the full length of a building facade that features a customer
          entrance and along any building facade abutting a public
          parking area.
        3. All internal pedestrian walkways shall be designed to be
          visually attractive and distinguishable from driving surfaces
          through use of durable, low-maintenance surface materials
          such as pavers, brick, or scored concrete to enhance
          pedestrian safety and comfort.
      2. Compliance with Access Management Plan: All development shall
        comply with the pedestrian access standards and requirements set
        forth in any adopted comprehensive access management plans for the
        State Route 91 corridor.
      3. Linkages: To the maximum extent feasible, provision shall be made
        in the design of developments for connections with existing or future
        pedestrian systems on adjoining properties, including but not limited
        to connections to existing or planned future sidewalks, bikeways,
        walkways, or trail systems.

Section 1205.11    District 8: Industrial/Business Park and Hike Bike Senior Housing Overlay Zone

  1. Purpose
    District 8 contains the bulk of prime, potential commercial development areas in the
    City of Hudson, and is intended to provide sites to accommodate the majority of
    future job growth in the community. The District enjoys good access to both rail and
    key arterial highways, and will be the focus of several significant interchange
    improvements. Accordingly, permitted uses encourage the development of largescale
    office, industrial, and business parks. Only clean manufacturing and other
    industrial uses are permitted; industries that produce significant quantities of
    hazardous substances are specifically prohibited.

    Only to the extent necessary to serve employers and employees in the District or only
    as an accessory use to a principal office or industrial use, retail and services are
    permitted. The District also contains significant sensitive environmental areas, in
    particular wetlands, floodplains, and waterways. The District regulations thus
    require all new development to be sited in consideration of such environmental areas
    and, to the maximum extent feasible, to leave such areas as natural, open spaces.
    District 8: Hike Bike (HB) Senior Housing Overlay Zone begins at Section
    1205.11(f).

  2. Uses By-Right
    1. Commercial/Retail:
      1. Adult businesses, subject to Section 1207.19(a).
      2. Banks or other financial institutions, subject to the conditions set
        forth in subsection (d) below.
      3. Medical clinics.
      4. Office business parks.
      5. Offices, business or professional, not located in a business park.
      6. Recording, radio, or television studios.
      7. Restaurant, subject to the conditions set forth in subsection (d) below.
      8. Retail uses, subject to the conditions set forth in subsection (d)
        below.
      9. Services, business, personal or repair, subject to the conditions set
        forth in subsection (d) below.
      10. Showrooms and salesrooms for wholesale distribution.
      11. Wholesale trade.

    2. Industrial Uses (Subject to the performance standards set forth in Section
      1207.10 of this Code):
      1. Industrial business parks.
      2. Industrial uses light
      3. Research laboratories, including but not limited to:
        1. Theoretical and applied research in all the sciences;
        2. Product development and testing;
        3. Product engineering development; or
        4. Market development.
      4. Resource recovery operations conducted entirely within an enclosed
        structure.
      5. Warehousing, distribution, and/or storage.
      6. Workshops and custom small industry uses.

    3. Institutional/Civic/Public Uses:
      1. Essential public utility and public services installations, including but
        not limited to bus shelters and bus stops, but not including power
        generating stations, or transfer stations.
      2. Public park or recreation areas, including multipurpose trails.
      3. Public recreational facilities, indoor or outdoor.

    4. Planned Developments:
      1. Commercial planned development, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.
      2. Industrial planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.

    5. Accessory Uses:
      1. Storage of goods, non-hazardous materials and equipment is
        permitted in the side and rear yard. Storage shall be screened from
        view on the front by Bufferyard B and shall be screened from view of
        the side lot lines by Bufferyard A as described in Section 1207.04(g).
      2. See Section 1206.03, "Accessory Uses."

  3. Conditional Uses
    The following uses shall be conditionally permitted in District 8 subject to meeting
    all applicable requirements set forth in this section and Section 1206.02, "Conditional
    Uses."
    1. Residential Uses:
      1. Assisted Living

    2. Commercial/Retail Uses:
      1. Assembly and meeting halls, provided that such use 
        of a structure shall not exceed 16,000 square feet of gross floor
        area.  The gross floor area requirement shall not be subject to a
        variance by the Board of Zoning and Building Appeals.
      2. Automobile repair and services, but not including automobile
        wrecking or salvage, provided any accessory retail sales use shall not
        exceed 2,500 square feet in gross floor area.
      3. Commercial nurseries.
      4. Commercial operations that involve operation, parking, and
        maintenance of vehicles, cleaning of equipment, or work processes
        involving solvents, transfer stations, storage of goods, including self
        storage.
      5. Day care centers, child or adult.
      6. Lodging
      7. Recreational or sports training facilities, commercial.
      8. Vehicle and equipment rentals.
      9. Vehicle repair/services.
      10. Wireless Telecommunication Facilities, including towers as regulated
        by the requirements of Section 1207.15.

    3. Industrial Uses:
      1. Industrial use, heavy
      2. Recreational vehicle, boat, or truck storage.

    4. Institutional/Civic/Public Uses:
      1. Continuing Care Retirement Community
      2. Convention or conference center.
      3. Government facilities, offices, and services.
      4. Hospitals, including heliports as an accessory use.
      5. Institutional residential for the handicapped or elderly.
      6. Public safety and emergency services, including but not limited to
        police or fire stations, emergency medical service facilities, or similar
        uses.

    5. Agricultural Uses
      1. General Agricultural Operations.

    6. Accessory Uses:
      1. Oil and Gas Exploration and Extraction of lots of at least 20 acres in
        size under single ownership.
      2. See Section 1206.03, "Accessory Uses."

  4. Special Conditions
    1. Commercial and retail uses permitted by right or conditionally and that
      reference this subsection, whether the use is one or more than on business establishment, shall be permitted in Districts 6 and 8 only if one of the following conditions is met:
      1. The commercial or retail activity is part of a Planned Development
        and the total commercial or retail uses does not exceed 10,000 gross square feet in any one building and the total commercial and/or retail uses does not exceed 40,000 gross square feet within any Planned
        Development; or
      2. The total commercial or retail uses does not exceed the lesser of 10,000 gross square feet or 25% of the gross floor area of any one building used or designed for office or industrial uses and does not exceed 40,000 gross square feet of the existing combined building gross floor area on the same parcel; or
      3. Commercial or retail uses may occupy a building separate from an office or industrially-used building, provided there exists at least 30,000 gross square feet of building space used or designed for office or industrial use on the same parcel. The total commercial or retail uses shall not exceed 25% of the gross floor area of the total building gross floor area on the parcel, and shall not exceed a total of 40,000 gross square feet on the same parcel.

  5. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207 "Zoning Development and Site Plan standards," including but not limited to Section 1207.18, AZoning Development and Site Plan Standards for Districts 6 and 8,” development in District 8 shall comply with all of the following development/design standards (all standards are minimum unless otherwise noted).

    1. Maximum Floor Area to Lot Area Ratio:
      1. Office Uses:
        1. Stand-Alone: .40 to 1.0
        2. As Part of a Business Park: 1.0 to 1.0
      2. Industrial and Warehouse Uses:
        1. Stand-Alone: .40 to 1.0
        2. As Part of a Business Park: 1.0 to 1.0
      3. Mixed Office and Industrial Uses: 1.0 to 1.0

    2. Minimum Parcel Size:
      1. Office Uses: 2 acres.
      2. Office or Industrial Park: 5 acres.
      3. Industrial Uses: 2 acres.

    3. Setbacks: Setbacks in District 8 shall be:
      Determined on Case-by-Case Basis. Because of the pervasiveness of
      sensitive environmental areas within District 8, building setbacks and yard
      requirements for development shall be determined on a case-by-case basis by
      the Planning Commission or City Manager in cases of administrative review,
      either during the subdivision approval process or during the site plan
      approval process. All determinations of setbacks and yard requirements shall
      use as a starting point the setbacks set forth in paragraphs (B)-(C) below,
      which may be modified pursuant to the criteria set forth in Section
      1207.18.(B)(3). The determination shall also be based on setbacks of
      existing buildings on adjacent lots and parcels and protection of any adjacent
      residential uses.
      1. Minimum front yard setbacks: 50 feet for principal and accessory
        buildings; and 25 feet for parking areas/lots.
      2. Minimum side and rear yard setbacks: 25 feet.
      3. Setbacks from Adjacent Residential Uses other than the Hike Bike
        (HB) Senior Housing Overlay Zone: Notwithstanding the provisions
        above:
        1. all buildings and structures, shall be located at least onehundred
          (100) feet from the lot line of any adjacent
          residentially zoned property.
        2. all materials, and vehicles, whether such vehicle is parked or
          stored, shall be located at least fifty (50) feet from the lot line
          of any adjacent residentially zoned property.
        3. all buildings and structures shall be located at least fifty (50)
          feet from the lot line of any adjacent residentially used
          property.
        4. all materials, and vehicles, whether such vehicle is parked or
          stored, shall be located at least twenty-five (25) feet from the
          lot line of any adjacent residentially used property
        5. the minimum setbacks of subsections (A), (B), and (C) shall
          apply within District 8 proper and its permitted uses including
          office and industrial uses adjacent to all property within the
          Hike Bike Senior Housing Overlay Zone.
      4. (E) Bufferyards Adjacent to Hike Bike Senior Housing Overlay Zone:
        Any permitted use developed in District 8 proper adjacent to property
        located with the Overlay shall not be required to install a Bufferyard
        more intense than Bufferyard “B”.

    4. Maximum Structure Height:
      1. Wireless Telecommunication Towers: less than 200 feet
        Wireless Telecommunication Equipment Shelter: 15 feet
      2. All other uses: 50 feet.
    5. Architecture and Design Standards.
      All uses in District 8 shall comply with the design standards set
      forth in Section 1207.18 of this Code. All other uses shall comply with the Architectural Design Standards.

    6. Vehicular Access/Driveway Curb Cuts:
      1. All development shall comply with the standards and requirements
        set forth in any adopted comprehensive access management plans for
        the State Route 91 corridor.
      2. Driveway curb cuts. To the maximum extent feasible, the number of
        curb cuts shall be minimized by consolidation, shared driveways, or
        other means. See Section 1207.18(f) regarding restrictions on curb
        cuts to arterial and collector streets.

    7. Location of Parking: Off-street parking should be located at the rear or
      side of buildings. Parking may be located in the building front yard if
      limited to 25% of the required off-street parking, or a one aisle parking bay
      across the front of the building. There is no maximum amount of parking
      in the building front yard if the parking is screened with trees and/or
      mounding in addition to parking lot perimeter landscaping.

    8. Loading Areas. Loading docks and other loading areas may be sited at the
      rear or to the side of buildings, provided that such areas are screened in
      compliance with Section 1207.18 of this Code.

    9. Pedestrian Amenities/Linkages:
      1. Sidewalks:
        1. Sidewalks or paved paths at least five (5) feet wide shall be
          provided on one side of an abutting public street, except on
          Darrow Road where they shall be provided on both sides of
          the street.
        2. Sidewalks at least five (5) feet wide shall be provided along
          the full length of a building facade that features a customer
          entrance and along any building facade abutting a public
          parking area.
        3. All internal pedestrian walkways shall be designed to be
          visually attractive and distinguishable from driving surfaces
          through use of durable, low-maintenance surface materials
          such as pavers, brick, or scored concrete to enhance
          pedestrian safety and comfort.
        4. The Planning Commission, based upon site specific
          circumstances including but not limited to, topography, storm
          water management, and effect on utility systems may waive
          these requirements.
      2. Compliance with Access Management Plan: As applicable, all
        development with frontage on State Route 91 shall comply with the
        pedestrian access standards and requirements set forth in any adopted
        comprehensive access management plans for the State Route 91
        corridor.
      3. Linkages: To the maximum extent feasible, provision shall be made
        in the design of developments for connections with existing or future
        pedestrian systems on adjoining properties, including but not limited
        to connections to existing or planned future sidewalks, bikeways,
        walkways, or trail systems.

  6. Hike Bike (HB) Senior Housing Overlay Zoning District 8
    1. Purpose of Overlay Zone
      This overlay zone within District 8 recognizes the unique presence of the
      Metro Parks Hike and Bike (HB) Trail as a geographic feature and
      community Amenity. The overlay zone is intended to house residents age 55
      and over providing smaller yards for convenience and ease of maintenance
      within a larger subdivision that will maximize connections to the Hike and
      Bike Trail. All portions of the overlay zone are within 1,100 feet, less than
      one-quarter mile from the Hike and Bike Trail. This housing will assist the
      goal of providing diversity in housing options in the city with proximity to
      centers of employment and health/wellness with a variety of housing types
      and lot sizes. Adjacent District 9 and amenity retail allowed within the
      overlay zone offers a proximity of current and future facilities and services
      which especially benefit active adult seniors. It recognizes a community
      planning trend away from the isolation of uses given the changing nature of
      “Industrial” and the desire for Mixed and adjacent uses, such as housing,
      retail and offices. There is a specific intention to not offer a residential
      environment protected from the effects of usual and customary commercial
      and industrial business activity. Non-vehicular circulation is given a high
      priority and potential traffic impacts will be mitigated through
      implementation of the State Rt. 91 Traffic Corridor Study. The overlay zone
      supersedes the underlying industrial and business park zoning in District 8.

    2. Uses By-Right
      1. Age Restricted Residential, see Property Development Standards
        below:
        1. Duplexes
        2. Single family, attached
        3. Single family, detached
        4. Residential group homes for up to five handicapped or elderly
          people
        5. Townhomes
      2. Institutional/Civic/Public:
        1. Public park or recreation areas, including multi-purpose trails
        2. Public recreational facilities, indoor or outdoor
        3. Essential public utility and public services installations

    3. Conditional Uses
      The following uses shall be conditionally permitted in the District 8 Overlay
      Zone subject to meeting all applicable requirements set forth in this section
      and Section 1206.02, “Conditional Uses.”
      1. Residential:
        1. Assisted living
        2. Dwelling units above or mixed with offices or othercommercial space
        3. Model homes
        4. Multi-family
        5. Residential group homes for the handicapped or elderly (from6 to 8 people)
      2. Commercial:
        1. Bed and breakfast inn
        2. Offices*, business or professional
        3. Private membership recreational facilities or clubs
        4. Restaurants*, except drive-through restaurants
        5. Retail uses*
        6. Services* for personal, business, or repair, except for vehicle

        * Subject to special condition that such use must be located within 1,000 feetof both the Metro Parks Hike and Bike Trail and District 9.
      3. Institutional/Civic/Public:Public, non-profit, or private cultural facilities, including but notlimited to libraries and museums.
      4. Planned Developments:Residential Planned Developments, subject to the standards and procedures set forth in Sections 1203.04 and 1204.02 of this Code,except “Density Bonuses”, Section 1204.02(c) shall not apply.

    4. Property Development/Design Standards
      In addition to compliance with all applicable standards set forth in Chapter 1207,
      “Zoning Development and Site Plan Standards”, development in the District 8
      Overlay Zone shall comply with all of the following development/design standards
      (all standards are minimums unless otherwise noted):
      1. Residential Occupant Restrictions on Years of Age
        1. Homeowners Association. All dwellings shall be included within a
          development having a mandatory homeowners association. Said
          homeowners association shall be incorporated in Ohio and the
          association shall provide for building and grounds maintenance and
          repair, insurance and working capital to accomplish such
          purposes. Said association shall publish and adhere to policies and
          procedures that demonstrate that the community is intended and operated
          to provide housing for persons 55 years of age and older
          including maintaining surveys or affidavits verifying compliance
          with 55 years of age and older occupancy requirements as permitted by 42
          U.S.C. 3607(b)(2)(C) of the Housing for Older Persons Act of 1995 and its
          implementing regulations. Said association shall also be governed by
          declarations of covenants and restrictions and by laws including rules
          and regulations which shall at a minimum regulate and control the
          following:
          1. A restriction that requires homes to be occupied by persons
            55 years of age or older, or a demonstration that at least 80% of
            the occupied units are occupied by at least one resident who
            is age 55 years of age or older; and
          2. A restriction on homes to the effect that persons under the age
            of 19 years of age shall not occupy or reside in a residential
            unit for more than 90 consecutive days or more than 120
            cumulative days in any one calendar year.
          3. The Association may grant variance from the above
            restrictions, unless the granting of a variance would result in
            less than eighty percent (80%) of the residential units being
            occupied by one person fifty-five (55) years of age or older or
            would jeopardize the Property’s status as housing for older
            persons under the Fair Housing Acts. Any request for a
            variance submitted to the association pursuant to this
            subsection shall set forth the names and ages of all proposed
            residents of the residential unit, the reason for the request and
            such other information as the association may reasonably
            require.
        2. Covenants and Restrictions. Legally binding covenants and/or deed
          restrictions that run with the land shall apply to all dwelling units that
          will bind the applicant, any assignee, mortgagee, or buyer, and all
          other parties that receive title to the property to the restrictions
          contained within this Section. The grantor must state in any deed or
          instrument conveying title to a dwelling unit, that the property
          conveyed is an adult dwelling unit and is subject to the restrictions
          contained in this Section. No covenant referencing any of the
          regulations or restrictions herein shall be recorded, nor shall any plat
          for land containing dwelling units be recorded, until and unless said
          covenant and/or deed restrictions that are consistent with the
          requirements of this Section are approved by the City and enforceable
          by the City. The City of Hudson reserves the right, but not the
          responsibility, to enforce deed restrictions.
        3. Each developer, condominium association, or homeowner association,
          in a form satisfactory to the City Solicitor, shall protect and indemnify
          the City from and against all damages, claims for damages or costs of
          litigation which may arise directly or indirectly as a result of the age
          restrictions of the Overlay district. The form may be an insurance
          policy, surety bond, or other satisfactory mechanism in a form
          satisfactory to the City Solicitor.

      2. Maximum Net Density:
        1. Single-Family Detached: 4 dwelling units per acre.
        2. Duplexes: 4 dwelling units per acre.
        3. Single-Family Attached: 6 dwelling units per acre.
        4. Townhomes: 8 dwelling units per acre.
        5. Multi-Family: 12 dwelling units per acre.

      3. Permitted Mix of Residential Uses per Development:
        No more than 65% of the dwellings of any residential development shall be
        single-family detached. At least 35% of the dwellings shall be single family
        attached, duplex, townhome or multi-family type and at least three of these
        four dwelling types shall be included in each development.

      4. Age Oriented Accessibility: Each Single Family (Attached or Detached) or
        Duplex Type Dwelling shall have at least one house entry from the exterior be
        a step-free entrance.

      5. Open Space: Residential development shall set aside a minimum of 25% of
        the gross land area for private open space. As active adult age restricted
        dwellings, for purposes of calculating the amount of public open space
        dedication a dwelling unit shall be assumed to contain 1.8 persons per
        residence.

      6. Allowed Lot Size: Minimum/Maximum
        1. Single-family detached and duplex: 6,000/ 9,000 SF
        2. Single-family attached: 6,000/ 9,000 SF
        3. Townhomes: 2,500/ no max SF
        4. Multi-family: 10,000/ no max SF

      7. Maximum Building Footprint:
        1. Retail and Services: 2,000 gross square feet
        2. Office: 5,000 gross square feet

      8. Minimum Lot Width:
        1. Single-Family Detached: 56 feet, with limited use of lesser lot widths
          allowed as narrow as 45 feet. “Limited” means lot widths less than 56
          feet shall be used no more than 4 lots within a span of 500 feet.
        2. Duplexes: 60 feet.
        3. Single-Family Attached: 20 feet.
        4. Townhomes: 24 feet
        5. Multi-Family Uses: 150 feet.
        6. Non-Residential Uses: 50 feet.

      9. Setbacks:
        Unless modified pursuant to Section 1203.08, “Minor Modifications,” the
        yard setbacks shall be:
        1. Front Yard Setback: 20 feet minimum, 35 feet maximum
        2.  Minimum Side Yard Setback:
          1. Single-Family Detached/Attached: 5 feet, 15 feet total both
            sides.
          2. Other Residential: 10 feet
          3. Side-Facing Attached Garage: 25 feet.
          4. Other Accessory Structures: 5 feet.
          5. Corner Lots: 20 feet for street side not designated as “front”.
        3. Minimum Rear Yard Depth:
          1. Principal Structure: 30 feet.
          2. Accessory Structure: 8 feet.

      10. Maximum Number of Units per Structure:
        1. Townhomes: 8 units per structure.
        2. Multi-Family: 12 units per structure

      11. Maximum Structure Height: 35 feet.

      12. Building Siting and Orientation.
        1. Principal Residential Structures – Single-Family Detached and
          Duplexes.
          1. The main entrance(s) to the residence shall face the street.
          2. The front wall of the principal structure shall be parallel to the
            street or perpendicular to a radius of the curve of the street
            extended through the approximate center of the main mass, if
            the street is curved.
        2. Principal Residential Structures – Single-Family Attached, Town
          homes, and Multi-Family.
          1. The entrance to at least one dwelling unit within each building
            shall face the street.
          2. Each unit within a structure shall have its own front entryway
            to the outside.
          3. The front wall of the principal structure, or the front wall of at
            least one principal structure in a multi-building development,
            shall be parallel to the street or perpendicular to a radius of the
            curve of the street extended through the approximate center of
            the main mass, if the street is curved.
        3. Principal Residential Structures on Corner Lots.
          1. In general, the structure shall face one of the streets and not the
            corner.
          2. One side of the structure shall be designated the “front” and
            shall be subject to the requirements set forth in paragraph (A)
            or (B) above, and requirements regarding private walks and
            entryways set forth below in subsection (12).
        4. Private Garages.
          1. Doors of attached garages may face the street of no more than
            50% of the single family attached and detached, duplex, and
            townhome dwellings within a street frontage of 500 feet.
          2. Detached garages shall be located only in the rear yard.
          3. New development of a residential dwelling shall provide space
            for the storage of at least one car within an enclosed garage.
          4. Garages for single family or townhome dwellings shall
            not be larger than 720 square feet.
        5. Non-Residential Development.
          1. The main entrance to the principal structure shall face the
            street.
          2. The front wall of the principal structure shall be parallel to the
            street or perpendicular to a radius of the curve of the street
            extended through the approximate center of the main mass, if
            the street is curved.
          3. The main body of the principal structure shall be closet to the
            street.

      13. Architecture and Design Standards.
        Architectural Design Guidelines located in Appendix D apply except for those
        regarding parking garages and the look alike standards. These two topics
        have been modified as follows:
        1. Attached garages are restricted within each single family attached,
          single family detached and town homes development so that:
          1. No more than 50% of the dwellings shall have front facing
            garages within a span of street of 500 feet; and
          2. No more than 60% of the dwellings shall have the garage
            forward of the main house mass; and
          3. No dwelling shall have an attached garage that is both a front
            facing and forward of the main house mass.
          4. Front facing garage doors must be single car widths and
            finished to blend with the main cladding materials of the home.
            Each individual opening is not to exceed 9 feet clear height and
            12 feet clear width.
          5. Front elevations shall be designed to minimize the visual
            impact of the garage. A front entry garage must be set back a
            minimum of 2 feet from the front line of the main mass of the
            house. Second floors may project over the garage and porches
            or other architectural elements may project beyond the face of
            the garage. (Garages whose doors are located on a side or rear
            elevation of the building are not required to step back from the
            façade.)
        2. No parking garage accessory structures are allowed for multifamily or
          mixed-use structures. Parking must be surface lots, or if structured
          and attached to the principal structure containing the dwelling units
          then is permitted.
        3. Single and two family dwellings shall not look alike. The subject
          building shall not look like the buildings on 2 lots to either side of it
          and 3 buildings facing it across the street.

      14. Private Walkway Entrances. All new development shall connect the front
        of the principal structure to the sidewalk with a private connecting walkway
        entrance and/or driveway surfaced with either concrete, brick, or stone.

      15. Driveway Curb Cuts.
        1. Single-Family Detached: No more than (1) driveway curb cut per lot.
        2. Single-Family Attached, Duplexes and Multi-Family: No more than
          driveway curb cuts per development site.
        3. Non-Residential Uses: No more than (1) driveway curb cut per lot.
        4. Compliance with Traffic Study: All developments must comply with
          the State Route 91 Traffic Corridor Study.

      16. Location of Parking. In addition to the off-street parking requirements set
        forth in Section 1207.12 of this Code, off-street parking requirements set forth
        in Section 1207.12 of this Code, off-street parking shall be located only to the
        side and rear of the principal building. Off-street parking shall not be allowed
        within the front setback area.

      17. Distance Between Residential Buildings.
        Structures containing either single-family-attached, townhomes, or multifamily
        dwelling units shall be separated from each other by a minimum of
        sixteen (16) feet at their closet points.

      18. Pedestrian/bicycle Pathways and Linkages:
        1. Provision shall be made in the design of all developments for nonvehicular
          circulation systems, including but not limited to sidewalks,
          pathways, and bikeways.
        2. Any amount of land set aside for trails in a development shall be
          credited toward either the public or private open space requirements
          set forth in this section and in Section 1207.05 of this Code.
        3. Sidewalks or multi-use paths shall be prided on both sides of all
          streets, shall run parallel to the street within the right-of-way, and shall
          be separated from the curb by a planting strip at least five (5) feet in
          width. Sidewalks shall be at least five (5) feet wide.
        4. Provision shall be made in the design of developments to feature
          interconnections with existing or planned streets and pedestrian or
          bikeway systems on adjoining in properties with multi-use paths eight
          (8) feet in width, and sidewalks.

      19. Environmental Standards.
        See Section 1205.14, “Floodplain/Floodway Overlay”.

Section 1205.12    District 9: Darrowville Commercial Corridor

  1. Purpose
    District 9 is intended to encourage neighborhood scaled retail and service business
    and enhance the southern gateway to the community. It respects the boundaries of
    the historic Darrowville Village and is distinguished from the suburban style
    commercial development in Stow and the office/industrial zoning to the north. It
    offers recreational and wellness amenities, including the Metro Parks Bike and Hike
    Trail, which should be enhanced with complementary retail and personal service
    businesses. With adjacent and nearby housing, District 9 retail, services and offices
    offer a sustainable development pattern that encourages walking and promotes
    alternative circulation to dependency on State Route 91. Historic structures will be
    preserved wherever feasible with development standard incentives and new
    development should incorporate those structures. The Darrowville historic
    structures may be razed if found to be economically infeasible to renovate, or to
    relocate and reuse the building based upon the findings of a feasibility study for the
    historic buildings performed for the structure(s) in question by the owner/developer
    and approved by the Planning Commission as well as approved by the Architectural
    and Historic Board of Review. Eight structures have been identified as historic:
    1. 5108 Darrow Road – an Italianate house c.1870;
    2. 5114 Darrow Road – a New England-style home c. early
      1850s;
    3. 5122 Darrow Road – a Queen Anne-style home c. 1880s;
    4. 5136 Darrow Road – a home and
    5. Darrowville Post Office c. 1900;
    6. 5158 Darrow Road – a farmhouse dating to 1853;
    7. 5192 Darrow Road – an Italianate home c. 1870;
    8. 5230 Darrow Road – a Greek Revival farmhouse c. 1837.

      The Planned Development option can provide flexibility with certain
      development standards in exchange for higher quality design and integrated
      connection between uses and buildings. In addition, District regulations are
      intended to relieve any new traffic and congestion impacts arising from new
      development by following the recommendations of the State Route 91 Traffic
      Corridor Study including provisions for connector roads that are distinguished
      from public streets.

  2. Uses By-Right
    Subject to the restrictions of (d)(5)(c) of this section, “Maximum Floor Area
    to Lot Area Ratio, Maximum Building Footprint”:
    1. Residential:
      1. Dwelling units stacked above or mixed with offices or other
        commercial space.

    2. Commercial/Retail:
      1. Artisan studios, photography shops and studios, and art galleries.
      2. Assembly and meeting halls.
      3. Automated teller machines (ATMs).
      4. Banks or other financial institutions.
      5. Bars/taverns more than 200 feet from a residential use.
      6. Commercial nurseries.
      7. Medical clinics.
      8. Offices, business or professional.
      9. Recording, radio, or television studios.
      10. Restaurants, except drive-through restaurants, more than 200 feet
        from a residentially zoned property.
      11. Retail uses without outdoor sales or storage.
      12. Services, business, personal, or repair, except vehicle repair.

    3. Agricultural:
      1. General agricultural operations.

    4. Institutional/Civic/Public:
      1. Essential public utility and public services, including but not limited
        to bus shelters and bus stops, but not including power generating
        stations, transfer stations, or outdoor storage.
      2. Public park or recreation area, including multipurpose trails.
      3. Public recreational facilities , indoor or outdoor.

    5. Planned Developments:
      1. Commercial planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.

    6. Accessory Uses: See Section 1206.03, "Accessory Uses."

  3. Conditional Uses
    The following uses shall be conditionally permitted in District 9 subject to meeting
    all applicable requirements set forth in (d) of this section, including the restrictions of
    (d)(5)(c), “Maximum Floor Area to Lot Area Ratio, Maximum Building Footprint”,
    and Section 1206.02, "Conditional Uses."
    1. Commercial/Retail:
      1. Automobile repair and services.
      2. Bars or taverns located within 200 feet of a residential use.
      3. Bed and breakfast inn.
      4. Commercial recreational or sports training facilities.
      5. Convenience stores.
      6. Day care centers, child or adult.
      7. Entertainment and amusement facilities, indoor.
      8. Funeral home.
      9. Liquor stores.
      10. Lodging.
      11. Recreational or sports training facilities, commercial.
      12. Restaurants, except drive through restaurants, located within 200 feet
        of residentially zoned property.
      13. Retail uses with outdoor sales or storage.

    2. Institutional/Civic/Public Uses:
      1. Schools, public or private -- preschool, elementary, secondary, or postsecondary.

    3. Accessory Uses: See Section 1206.03, "Accessory Uses."

  4. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207,
    "Zoning Development and Site Plan Standards," all development in District 9 shall
    comply with all of the following development/design standards (all standards are
    minimums unless otherwise noted):
    1. Mix of Uses. More than one principal use permitted by-right or conditionally
      in District 9 may be developed or established together within a single
      structure or in multiple structures on the same lot, provided all applicable
      requirements set forth in this section and Code, and all other applicable
      ordinances, are met.

    2. Minimum Distance Between Buildings: 25 feet, except for historic
      structures when this minimum shall be reduced to 15 feet.

    3. Minimum Lot Size: 1 acre, except lots containing historic structures shall
      have no minimum lot size provided no new separate driveway is provided
      with less than 1 acre, and the Floor Area to Lot Area Ratio applies.

    4. Minimum Lot Width: 200 feet

    5. Maximum Floor Area to Lot Area Ratio:
      1. Retail and Services: .35 to 1.0
      2. Office: 50 to 1.0
      3. Maximum Building Footprint:
        1. The building footprint area of any one retail building or retail
          use may not exceed 5,000 gross square feet as a use by right,
          or 10,000 gross square feet as a Conditional Use, except as
          provided in this subsection.
        2. If part of a multi-building complex of 3 or more buildings on
          a site plan approved with 5 acres or more, the City Manager
          may permit retail buildings of 10,000 gross square feet or
          less.
        3. Within a Planned Development, any one retail building may
          not exceed 20,000 gross square feet nor any single retail
          business use exceed 15,000 square feet.
        4. No variance shall be granted to the maximum allowed
          building footprint area of this subsection.

    6. Setbacks: Unless modified pursuant to Section 1203.08, "Minor
      Modifications," the yard setbacks in District 9 shall be the following.
      Setbacks shall be measured from dedicated right-of-way or public access
      easement boundary lines:
      1. Minimum Front Yard Setback: 20 feet
      2. Minimum Side Yard Setback: 10 feet, except when the side yard
        abuts a residential use, the side yard setback for buildings or parking
        shall be increased to 30 feet. Buildings may share a common side
        wall when addressed by easement; then the side yard setback does not
        apply between those buildings.
      3. Minimum Rear Yard Setback: 100 feet, except when the rear yard
        abuts a residentially zoned property the setback for parking shall be
        at least 50 feet to the adjoining property line. For lots with retained
        historic structures the rear yard setback shall be reduced to 10 feet
        from historic structures.

    7. Maximum Structure Height: 35 feet.

    8. Architecture and Design Standards.
      See architectural design guidelines located in Appendix D.

    9. Commercial/Retail Parking:
      In addition to the standards for off-street parking set forth in Section 1207.12
      of this Code, the following restrictions shall apply in District 9:
      1. Location and Access.
        1. Parking in the front yard is limited to one aisle and 2 rows of
          parking spaces. All other off-street parking shall be located
          at the rear or side of the building on the interior of the lot and
          shall to the maximum extent feasible be accessed by means of
          shared driveways.
        2. Credit against the required amount of off-street parking shall
          be granted for on-street parking that is available for general
          public use on a daily basis and is located within a maximum
          radius of 300 feet from the subject use.
      2. Shared Parking: Parking lots located to the rear of principal
        buildings shall be interconnected with commercial/retail parking lots
        on adjacent properties to the maximum extent feasible. As per
        Section 1207.12(h), "Joint or Collective Parking Facilities," crossaccess
        easements or other acceptable agreements for adjacent lots
        with interconnected parking lots shall be required in language
        acceptable to the city's solicitor to ensure availability of shared
        parking to users.
      3. Historic Structures. The preservation of historic structures shall not
        require off-street parking for the uses contained within such
        structures.

    10. Vehicular Access/Driveway Curb Cuts.
      1. Vehicular access to all new development must comply with the State
        Route 91 Traffic Corridor Study or similarly adopted document.
      2. To the maximum extent feasible, vehicular access to all new
        development in District 9 shall be from entrance drives, access roads,
        or shared driveways.
      3. All driveways within District 9 shall be spaced at least two-hundred
        (200) feet from the pavement edge of any other driveway or public
        street intersection.
      4. Driveway curb cuts shall be limited to 1 per development site and, to
        the maximum extent feasible, the number of curb cuts shall be
        minimized by consolidation, shared driveways, or other means.

    11. Pedestrian Amenities:
      1. Sidewalks.
        1. Sidewalks at least 5 feet wide shall be provided on all sides of
          a lot that abut a public street, way, or open space.
        2. Sidewalks at least 5 feet wide shall be provided along the full
          length of a building facade that features a customer entrance,
          and along any building facade abutting a public parking area.
        3. All internal pedestrian walkways shall be designed to be
          visually attractive and distinguishable from driving surfaces
          through use of durable, low-maintenance surface materials
          such as pavers, brick, or scored concrete to enhance
          pedestrian safety and comfort.

Section 1205.13    District 10: Ravenna Road Corridor

  1. Purpose
    District 10 encompasses properties in the northeast corner of the City of Hudson and
    is characterized by a mix of large-lot single-family residences, commercial uses,
    professional office, and industrial uses. Today, there remain large expanses of open
    space and a verdant riparian corridor that give the District a distinctively semi-rural
    feel. The intent of these regulations is to permit the continuation of a mix of large-lot
    residential and smaller-scale commercial uses in District 10, and in particular to
    permit limited commercial uses that are not in conflict with commercial uses allowed
    in the Village Core and along the State Route 91 corridor. Residential development
    is permitted in conformance with the rural residential and conservation standards
    required in District 2; all new nonresidential development will be required to provide
    adequate landscaping and other means to buffer it from adjacent residential uses.

  2. Uses By-Right
    1. Residential:
      1. Single-family detached.
      2. Family day care homes, small (1-6 children).
      3. Residential group homes for up to five handicapped or elderly people.

    2. Commercial/Retail:
      1. Artisan studios, photography studios and shops, and art galleries.
      2. Commercial nurseries.
      3. Office, business or professional, provided that total gross floor area
        does not exceed 5,000 square feet.
      4. Private-membership recreational facility or club.
      5. Retail uses, provided that total gross floor area does not exceed 5,000
        square feet.
      6. Services, business, personal, or repair, except vehicle repair, provided
        that total gross floor area does not exceed 5,000 square feet.

    3. Agricultural:
      1. General agricultural operations.

    4. Institutional/Civic/Public:
      1. Public park or recreation areas, including multipurpose trails.
      2. Public recreational facilities, indoor or outdoor.
      3. Essential public utility and public services installations, including bus
        shelters and bus stops, but not including water towers, power
        generating stations, transfer stations, or outdoor storage.

    5. Planned Developments:
      1. Commercial planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.
      2. Mixed-use planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.

    6. Accessory Uses: See Section 1206.03, "Accessory Uses."

  3. Conditional Uses
    The following uses shall be conditionally permitted in District 10 subject to meeting
    all applicable requirements set forth in this section and Section 1206.02, "Conditional
    Uses."
    1. Residential:
      1. Open Space Conservation Subdivision

    2. Commercial/Retail:
      1. Bed and breakfast inns.
      2. Convenience store.
      3. Family
      4. Garden Centers.
      5. Office, business or professional, with total gross floor area exceeding
        5,000 square feet.
      6. Recreational or sports training facility, commercial.
      7. Services, business, personal, or repair, except vehicle repair, with
        total gross floor area exceeding 5,000 square feet.
      8. Veterinary facility, small animal clinic (allowing overnight, indoor
        boarding)

    3. Institutional/Civic/Public Uses:
      1. Places of religious worship, including churches and synagogues.
        Religious schools and day care centers may be permitted as accessory
        uses within the same structure as the principal use.
      2. Schools, public or privateCpreschool, elementary, secondary, or postsecondary.

    4. Accessory Uses:
      1. Oil and Gas Exploration and Extraction of lots of at least 20 acres in
        size under single ownership.
      2. Shared driveways for dwellings.
      3. See Section 1206.03, "Accessory Uses."

  4. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207,
    "Zoning Development and Site Plan Standards," development in District 10 shall
    comply with all of the following development/design standards (all standards are
    minimums unless otherwise noted):
    1. Maximum Net Density: 1 dwelling unit per 2.5 acres.

    2. Open Space:
      1. Open Space Conservation Subdivisions Encouraged.
        1. All residential developments or subdivisions of 5 or more lots
          that satisfy the minimum 5-acre parcel size threshold set forth
          in Section 1207.06(d) of this Code are encouraged to utilize
          the Open Space Conservation Subdivision provisions in order
          to preserve a substantial amount of land for open space use
          and, to the maximum extent feasible, to prevent development
          in sensitive environmental areas including but not limited to
          woodlands and wetlands.
        2. Open Space Conservation Subdivisions in District 10 shall
          comply with all requirements, including minimum open space
          requirements, set forth in Section 1207.06, "Open Space
          Conservation Subdivisions," of this Code.
        3. In the case of any conflict between the provisions set forth in
          this Section 1205.13 and in Section 1207.06, "Open Space
          Conservation Subdivisions," the provisions set forth in
          Section 1207.06 shall apply.
      2. Open Space:
        1. Non-Open Space Conservation Developments. In addition to
          compliance with the standards and requirements governing
          open space dedications set forth in Section 1207.05 of this
          Code, non-open space conservation developments in District
          10 shall set aside a minimum of 50% of the gross land area
          for private open space.
        2. Open Space Conservation Subdivisions. Open space
          developments shall comply with the requirements set forth in
          Section 1207.06, "Open Space Conservation Subdivisions."

    3. Maximum Floor Area to Lot Area Ratio:
      Commercial/Retail: .40 to 1.0

    4. Minimum Lot Size:
      1. Residential Uses:
        1. Open Space Conservation Developments: 10,000 square feet.
        2. Non-Open Space Conservation Developments: 2.5 acres.
      2. Non-Residential Uses: 2 acres.

    5. Minimum Lot Width:
      1. Residential Uses: 200 feet, except that the minimum lot width may
        be reduced to a minimum of 60 feet if the development incorporates
        open space conservation lots pursuant to the standards set forth in this
        section and Section 1207.06 of this Code.
      2. Non-Residential Uses: 200 feet.

    6. Setbacks/Yard Requirements:
      1. Open Space Conservation Developments: All residential open space
        conservation developments shall comply with the setback and yard
        requirements set forth in Section 1207.06(e) of this Code.
      2. All Other DevelopmentsCCase-by-Case Determination: Because of
        the pervasiveness of sensitive environmental areas within District 10,
        building setbacks and yard requirements for development shall be
        determined on a case-by-case basis by the PC either during the
        subdivision approval process or during the site plan approval process.
        All determinations of setbacks and yard requirements shall use as a
        starting point the minimum setbacks set forth in paragraphs (C)-(E)
        below, which may be modified pursuant to the conditions and criteria
        set forth in Section 1207.01, "Maximum Impervious Surface
        Coverage."
      3. Minimum Front Yard Setback:
        1. Residential Uses: 50 feet.
        2. Non-Residential Uses: 100 feet.
        3. All Uses on Lots Fronting Ravenna Road: 100 feet, of which
          the front 50 feet shall comprise a bufferyard that shall be
          landscaped pursuant to Section 1207.04(k) .
      4. Minimum Side Yard Setback:
        1. Principal Residential Structure: 15 feet.
        2. Principal Non-Residential Structure: 15 feet.
        3. Side-facing attached garage: 25 feet.
        4. Other accessory structures: 15 feet.
        5. Corner lots: 50 feet for street side not designated as "front."
      5. Minimum Rear Yard Setback:
        1. Principal Structure: 25 feet.
        2. Accessory Garage: 10 feet.
        3. Other Accessory Structures: 5 feet.
      6. Arterial Setbacks: See arterial setback and landscaping requirements
        in Section 1207.04(k), "Landscaping/Buffering."

    7. Maximum Structure Height: 35 feet.

    8. Building Siting and Orientation.
      The following building siting and orientation requirements shall apply to all
      new development in District 10, except for new development with a front
      yard depth of 130 feet or more:
      1. Principal Residential Structures.
        1. The main entrance to the residence shall face the street.
        2. The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the street
          extended through the approximate center of the main mass, if
          the street is curved.
      2. Principal Residential Structures on Corner Lots.
        1. In general, the structure shall face one of the streets and not
          the corner.
        2. One side of the structure shall be designated the "front" and
          shall be subject to the requirements set forth in paragraph (A)
          above.
      3. Private Garages.
        1. Doors of attached garages shall not face the street.
        2. An attached garage shall be sited so that its door is not visible
          from the primary direction of approach.
        3. Detached garages shall be located only in the rear yard.
        4. New development of a principal single family detached
          dwelling shall provide space for the storage of at least two
          cars within an enclosed garage.
      4. Non-Residential Development.
        1. The main entrance to the principal structure shall face the
          street.
        2. The front wall of the principal structure shall be parallel to
          the street or perpendicular to a radius of the curve of the street
          extended through the approximate center of the main mass, if
          the street is curved.
        3. The main body of the principal structure shall be closest to
          the street.
        4. An accessory garage shall be sited so that its door is not
          visible from the primary direction of approach.

    9. Bufferyard Requirements for Lots Abutting a Historic Landmark. New
      development on lots that abut a historic landmark shall establish a bufferyard
      equivalent to or greater than "Bufferyard C" as set forth in Section
      1207.04(g) of this Code. The bufferyard shall be established on the boundary
      that abuts the historic landmark.

    10. Driveway Curb Cuts:
      1. Lot widths of 150 feet or less: No more than 1 driveway curb cut per
        residential lot.
      2. Lot widths of more than 150 feet: No more than 2 driveway cub cuts
        per non-residential lot.

    11. Location of Parking. In addition to the off-street parking requirements set
      forth in Section 1207.12 of this Code, non-residential development in District
      10 shall comply with the following standards:
      1. Location: Off-street parking shall be located to the side and rear of
        the principal building. No more than 10% of the non-residential offstreet
        parking may be located in front of the principal building,
        including within the front yard setback area.
      2. Shared Parking. Parking lots for non-residential development
        located to the rear of the principal building shall be interconnected
        with commercial/retail parking lots on adjacent properties to the
        maximum extent feasible. As per Section 1207.12(h), "Joint or
        Collective Parking Facilities," cross-access easements or other
        acceptable agreements for adjacent lots with interconnected parking
        lots shall be required in language acceptable to the city's solicitor to
        ensure availability of shared parking to users.

    12. Vehicular Access. To the maximum extent feasible, vehicular access to all
      new development in District 10 shall be from entrance drives, access roads,
      or shared driveways.

    13. Architecture and Design Standards.
      See architectural design guidelines located in Appendix D.

Section 1205.14    Floodplain/Floodway Overlay District

  1. General Provisions
    1. Statutory Authorization. ARTICLE XVIII, Section 3, of the Ohio
      Constitution grants municipalities the legal authority to adopt land use and
      control measures for promoting the health, safety, and general welfare of its
      citizens. Therefore, the City Council of Hudson, State of Ohio, does ordain
      as follows:

    2. Findings of Fact. The City of Hudson has special flood hazard areas that are
      subject to periodic inundation which may result in loss of life and property,
      health and safety hazards, disruption of commerce and governmental
      services, extraordinary public expenditures for flood protection and relief,
      and impairment of the tax base. Additionally, structures that are
      inadequately elevated, floodproofed, or otherwise protected from flood
      damage also contribute to the flood loss. In order to minimize the threat of
      such damages and to achieve the purposes hereinafter set forth, these
      regulations are adopted.

    3. Statement of Purpose. It is the purpose of these regulations to promote the
      public health, safety and general welfare, and to:
      1. Protect human life and health;
      2. Minimize expenditure of public money for costly flood control
        projects;
      3. Minimize the need for rescue and relief efforts associated with
        flooding and generally undertaken at the expense of the general
        public;
      4. Minimize prolonged business interruptions;
      5. Minimize damage to public facilities and utilities such as water and
        gas mains, electric, telephone and sewer lines, streets and bridges
        located in areas of special flood hazard;
      6. Help maintain a stable tax base by providing for the proper use and
        development of areas of special flood hazard so as to protect property
        and minimize future flood blight areas;
      7. Ensure that those who occupy the areas of special flood hazard
        assume responsibility for their actions;
      8. Minimize the impact of development on adjacent properties within
        and near flood prone areas;
      9. Ensure that the flood storage and conveyance functions of the
        floodplain are maintained;
      10. Minimize the impact of development on the natural, beneficial values
        of the floodplain;
      11. Prevent floodplain uses that are either hazardous or environmentally
        incompatible; and
      12. Meet community participation requirements of the National Flood
        Insurance Program.

    4. Methods of Reducing Flood Loss. In order to accomplish its purposes, these
      regulations include methods and provisions for:
      1. Restricting or prohibiting uses which are dangerous to health, safety,
        and property due to water hazards, or which result in damaging
        increases in flood heights or velocities;
      2. Requiring that uses vulnerable to floods, including facilities, which
        serve such uses, be protected against flood damage at the time of
        initial construction;
      3. Controlling the alteration of natural floodplains, stream channels, and
        natural protective barriers, which help accommodate or channel flood
        waters;
      4. Controlling filling, grading, dredging, excavating, and other
        development which may increase flood damage; and,
      5. Preventing or regulating the construction of flood barriers, which will
        unnaturally divert flood, waters or which may increase flood hazards
        in other areas.

    5. Lands to Which These Regulations Apply. These regulations shall apply to
      all areas of special flood hazard within the jurisdiction of the City of Hudson
      as identified in Section (a)(6), including any additional areas of special flood
      hazard annexed by City of Hudson.

    6. Basis for Establishing the Areas of Special Flood Hazard. For the purposes
      of these regulations, the following studies and/or maps are adopted:

      1. Flood Insurance Study Summit County, Ohio and Incorporated Areas
        and Flood Insurance Rate Map Summit County, Ohio and
        Incorporated Areas both effective July 20, 2009.
      2. Other studies and/or maps, which may be relied upon for
        establishment of the flood protection elevation.
      3. Any hydrologic and hydraulic engineering analysis authored by a
        registered Professional Engineer in the State of Ohio which has been
        approved by the City of Hudson as required by Section (d)(3),
        Subdivisions and Large Scale Developments.

        Any revisions to the aforementioned maps and/or studies are hereby
        adopted by reference and declared to be a part of these regulations.
        Such maps and/or studies are on file at the 46 Ravenna Street
        Hudson, Ohio 44236.

    7. Abrogation and Greater Restrictions. These regulations are not intended to
      repeal any existing ordinances including subdivision regulations, zoning or
      building codes. In the event of a conflict between these regulations and any
      other ordinance, the more restrictive shall be followed. These regulations
      shall not impair any deed restriction covenant or easement but the land
      subject to such interests shall also be governed by the regulations.

    8. Interpretation. In the interpretation and application of these regulations, all
      provisions shall be:
      1. Considered as minimum requirements;
      2. Liberally construed in favor of the governing body; and,
      3. Deemed neither to limit nor repeal any other powers granted under
        state statutes.

    9. Warning and Disclaimer of Liability. The degree of flood protection
      required by these regulations is considered reasonable for regulatory
      purposes and is based on scientific and engineering considerations. Larger
      floods can and will occur on rare occasions. Flood heights may be increased
      by man-made or natural causes. These regulations do not imply that land
      outside the areas of special flood hazard or uses permitted within such areas
      will be free from flooding or flood damage. These regulations shall not
      create liability on the part of the City of Hudson, any officer or employee
      thereof, or the Federal Emergency Management Agency, for any flood
      damage that results from reliance on these regulations or any administrative
      decision lawfully made thereunder.

    10. Severability. Should any section or provision of these regulations be
      declared by the courts to be unconstitutional or invalid, such decision shall
      not affect the validity of the regulations as a whole, or any part thereof other
      than the part so declared to be unconstitutional or invalid.

  2. Definitions
    Unless specifically defined below, words or phrases used in these regulations shall
    first be interpreted according to the definitions set forth in Chapter 1213, if
    applicable, or otherwise so as to give them the meaning they have in common usage
    and to give these regulations the most reasonable application.
    1. Accessory Structure. A structure on the same lot with, and of a nature
      customarily incidental and subordinate to, the principal structure.

    2. Appeal. A request for review of the floodplain administrator’s interpretation
      of any provision of these regulations or a request for a variance.

    3. Base Flood. The flood having a one percent chance of being equaled or
      exceeded in any given year. The base flood may also be referred to as the
      1% chance annual flood or one-hundred (100) year flood.

    4. Base (100-Year) Flood Elevation (BFE). The water surface elevation of the
      base flood in relation to a specified datum, usually the National Geodetic
      Vertical Datum of 1929 or the North American Vertical Datum of 1988, and
      usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the
      base flood elevation is the natural grade elevation plus the depth number
      (from 1 to 3 feet).

    5. Basement Any area of the building having its floor subgrade (below ground
      level) on all sides.

    6. Development. Any manmade change to improved or unimproved real estate,
      including but not limited to buildings or other structures, mining, dredging,
      filling, grading, paving, excavation or drilling operations or storage of
      equipment or materials.

    7. Enclosure Below the Lowest Floor. See “Lowest Floor.”

    8. Executive Order 11988 (Floodplain Management). Issued by President
      Carter in 1977, this order requires that no federally assisted activities be
      conducted in or have the potential to affect identified special flood hazard
      areas, unless there is no practicable alternative.

    9. Federal Emergency Management Agency (FEMA). The agency with the
      overall responsibility for administering the National Flood Insurance
      Program.

    10. Fill. A deposit of earth material placed by artificial means.

    11. Flood or Flooding. A general and temporary condition of partial or complete
      inundation of normally dry land areas from:
      1. The overflow of inland or tidal waters, and/or
      2. The unusual and rapid accumulation or runoff of surface waters from
        any source.

    12. Flood Hazard Boundary Map (FHBM). Usually the initial map, produced by
      the Federal Emergency Management Agency, or U.S. Department of Housing
      and Urban Development, for a community depicting approximate special
      flood hazard areas.

    13. Flood Insurance Rate Map (FIRM). An official map on which the Federal
      Emergency Management Agency or the U.S. Department of Housing and
      Urban Development has delineated the areas of special flood hazard.

    14. Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that
      indicate the magnitude of the flood hazard in specific areas of a community.
      Following are the zone definitions:

      Zone A: Special flood hazard areas inundated by the 100-year flood; base
      flood elevations are not determined.

      Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-
      year flood; base flood elevations are determined.

      Zone AO: Special flood hazard areas inundated by the 100-year flood; with
      flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average
      depths are determined.

      Zone AH: Special flood hazard areas inundated by the 100-year flood; flood
      depths of 1 to 3 feet (usually areas of ponding); base flood elevations are
      determined.

      Zone A99: Special flood hazard areas inundated by the 100-year flood to be
      protected from the 100-year flood by a Federal flood protection system under
      construction; no base flood elevations are determined.

      Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the
      100-year flood with average depths of less than 1 foot or with contributing
      drainage area less than 1 square mile; and areas protected by levees from the
      base flood.

      Zone C and Zone X (unshaded): Areas determined to be outside the 500-year
      floodplain.

    15. Flood Insurance Study (FIS). The official report in which the Federal
      Emergency Management Agency or the U.S. Department of Housing and
      Urban Development has provided flood profiles, floodway boundaries
      (sometimes shown on Flood Boundary and Floodway Maps), and the water
      surface elevations of the base flood.

    16. Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the
      base flood elevation plus one and a half [1.5] feet of freeboard. In areas
      where no base flood elevations exist from any authoritative source, the flood
      protection elevation can be historical flood elevations, or base flood
      elevations determined and/or approved by the floodplain administrator.

    17. Floodplain Administrator. The Floodplain Administrator is the City
      Manager or his designee.

    18. Floodway. A floodway is the channel of a river or other watercourse and the
      adjacent land areas that have been reserved in order to pass the base flood
      discharge. A floodway is typically determined through a hydraulic and
      hydrologic engineering analysis such that the cumulative increase in the
      water surface elevation of the base flood discharge is no more than a
      designated height. In no case shall the designated height be more than one
      foot at any point within the community.

      The floodway is an extremely hazardous area, and is usually characterized by
      any of the following: Moderate to high velocity flood waters, high potential
      for debris and projectile impacts, and moderate to high erosion forces.

    19. Freeboard. A factor of safety usually expressed in feet above a flood level
      for the purposes of floodplain management. Freeboard tends to compensate
      for the many unknown factors that could contribute to flood heights greater
      than the height calculated for a selected size flood and floodway conditions,
      such as wave action, obstructed bridge openings, debris and ice jams, and the
      hydrologic effect of urbanization in a watershed.

    20. Historic structure. Any structure that is:
      1. Listed individually in the National Register of Historic Places (a
        listing maintained by the U.S. Department of Interior) or
        preliminarily determined by the Secretary of the Interior as meeting
        the requirements for individual listings on the National Register;
      2. Certified or preliminarily determined by the Secretary of the Interior
        as contributing to the historical significance of a registered historic
        district or a district preliminarily determined by the Secretary to
        qualify as a registered historic district; or
      3. Individually listed on the State of Ohio's inventory of historic places
        maintained by the Ohio Historic Preservation Office.
      4. Individually listed on the inventory of historic places maintained by
        City of Hudson’s historic preservation program, which program is
        certified by the Ohio Historic Preservation Office.

    21. Hydrologic and hydraulic engineering analysis. An analysis performed by a
      professional engineer, registered in the State of Ohio, in accordance with
      standard engineering practices as accepted by FEMA, used to determine
      flood elevations and/or floodway boundaries.

    22. Letter of Map Change (LOMC). A Letter of Map Change is an official
      FEMA determination, by letter, to amend or revise effective Flood Insurance
      Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance
      Studies. LOMCs are broken down into the following categories:

      Letter of Map Amendment (LOMA): A revision based on technical data
      showing that a property was incorrectly included in a designated special
      flood hazard area. A LOMA amends the current effective Flood Insurance
      Rate Map and establishes that a specific property is not located in a special
      flood hazard area.

      Letter of Map Revision (LOMR): A revision based on technical data that,
      usually due to manmade changes, shows changes to flood zones, flood
      elevations, floodplain and floodway delineations, and planimetric features.
      One common type of LOMR, a LOMR-F, is a determination concerning
      whether a structure or parcel has been elevated by fill above the base flood
      elevation and is, therefore, excluded from the special flood hazard area.
      Conditional Letter of Map Revision (CLOMR): A formal review and
      comment by FEMA as to whether a proposed project complies with the
      minimum National Flood Insurance Program floodplain management criteria.
      A CLOMR does not amend or revise effective Flood Insurance Rate Maps,
      Flood Boundary and Floodway Maps, or Flood Insurance Studies.

    23. Lowest floor. The lowest floor of the lowest enclosed area (including
      basement) of a structure. This definition excludes an “enclosure below the
      lowest floor” which is an unfinished or flood resistant enclosure usable solely
      for parking of vehicles, building access or storage, in an area other than a
      basement area, provided that such enclosure is built in accordance with the
      applicable design requirements specified in these regulations for enclosures
      below the lowest floor.

    24. Manufactured home. A structure, transportable in one or more sections,
      which is built on a permanent chassis and is designed for use with or without
      a permanent foundation when connected to the required utilities. The term
      “manufactured home” does not include a “recreational vehicle.” For the
      purposes of these regulations, a manufactured home includes manufactured
      homes and mobile homes as defined in Chapter 3733 of the Ohio Revised
      Code.

    25. Manufactured home park. As specified in the Ohio Administrative Code
      3701-27-01, a manufactured home park means any tract of land upon which
      three or more manufactured homes, used for habitation are parked, either free
      of charge or for revenue purposes, and includes any roadway, building,
      structure, vehicle, or enclosure used or intended for use as part of the
      facilities of the park. A tract of land that is subdivided and the individual lots
      are not for rent or rented, but are for sale or sold for the purpose of
      installation of manufactured homes on the lots, is not a manufactured home
      park, even though three or more manufactured homes are parked thereon, if
      the roadways are dedicated to the local government authority.

    26. National Flood Insurance Program (NFIP). The NFIP is a Federal program
      enabling property owners in participating communities to purchase insurance
      protection against losses from flooding. This insurance is designed to
      provide an insurance alternative to disaster assistance to meet the escalating
      costs of repairing damage to buildings and their contents caused by floods.
      Participation in the NFIP is based on an agreement between local
      communities and the Federal government that states if a community will
      adopt and enforce floodplain management regulations to reduce future flood
      risks to all development in special flood hazard areas, the Federal
      government will make flood insurance available within the community as a
      financial protection against flood loss.

    27. New construction. Structures for which the “start of construction”
      commenced on or after the initial effective date of the City of Hudson Flood
      Insurance Rate Map, September 30, 1980, and includes any subsequent
      improvements to such structures.

    28. Person. Includes any individual or group of individuals, corporation,
      partnership, association, or any other entity, including state and local
      governments and agencies. An agency is further defined in the Ohio Revised
      Code Section 111.15 as any governmental entity of the state and includes, but
      is not limited to, any board, department, division, commission, bureau,
      society, council, institution, state college or university, community college
      district, technical college district, or state community college. “Agency”
      does not include the general assembly, the controlling board, the adjutant
      general’s department, or any court.

    29. Recreational vehicle. A vehicle which is (1) built on a single chassis, (2) 400
      square feet or less when measured at the largest horizontal projection, (3)
      designed to be self- propelled or permanently towable by a light duty truck,
      and (4) designed primarily not for use as a permanent dwelling but as
      temporary living quarters for recreational, camping, travel, or seasonal use.

    30. Registered Professional Architect. A person registered to engage in the
      practice of architecture under the provisions of sections 4703.01 to 4703.19
      of the Revised Code.

    31. Registered Professional Engineer. A person registered as a professional
      engineer under Chapter 4733 of the Revised Code.

    32. Registered Professional Surveyor. A person registered as a professional
      surveyor under Chapter 4733 of the Revised Code.

    33. Special Flood Hazard Area. Also known as “Areas of Special Flood
      Hazard,” it is the land in the floodplain subject to a one percent or greater
      chance of flooding in any given year. Special flood hazard areas are
      designated by the Federal Emergency Management Agency on Flood
      Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and
      Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH,
      AO, A1-30, and A99. Special flood hazard areas may also refer to areas that
      are flood prone and designated from other federal state or local sources of
      data including but not limited to historical flood information reflecting high
      water marks, previous flood inundation areas, and flood prone soils
      associated with a watercourse.

    34. Start of construction. The date the building permit was issued, provided the
      actual start of construction, repair, reconstruction, rehabilitation, addition,
      placement, or other improvement was within 180 days of the permit date.
      The actual start means either the first placement of permanent construction of
      a structure on a site, such as the pouring of slab or footings, the installation of
      piles, the construction of columns, or any work beyond the stage of
      excavation; or the placement of a manufactured home on a foundation.
      Permanent construction does not include land preparation, such as clearing,
      grading, and filling; nor does it include the installation of streets and/or
      walkways; nor does it include excavation for a basement, footings, piers, or
      foundations or the erection of temporary forms; nor does it include the
      installation on the property of accessory buildings, such as garages or sheds
      not occupied as dwelling units or not part of the main structure. For a
      substantial improvement, the actual start of construction means the first
      alteration of any wall, ceiling, floor, or other structural part of a building,
      whether or not that alteration affects the external dimensions of a building.

    35. Structure. A walled and roofed building, manufactured home, or gas or
      liquid storage tank that is principally above ground.

    36. Substantial Damage. Damage of any origin sustained by a structure whereby
      the cost of restoring the structure to its before damaged condition would
      equal or exceed 50 percent of the market value of the structure before the
      damage occurred.

    37. Substantial Improvement. Any reconstruction, rehabilitation, addition, or
      other improvement of a structure, the cost of which equals or exceeds 50
      percent of the market value of the structure before the “start of construction”
      of the improvement. This term includes structures, which have incurred
      “substantial damage,” regardless of the actual repair work performed. The
      term does not, however, include:
      1. Any improvement to a structure that is considered “new
        construction,”
      2. Any project for improvement of a structure to correct existing
        violations of state or local health, sanitary, or safety code
        specifications which have been identified prior to the application for
        a development permit by the local code enforcement official and
        which are the minimum necessary to assure safe living conditions; or
      3. Any alteration of a “historic structure,” provided that the alteration
        would not preclude the structure's continued designation as a
        “historic structure.”

    38. Variance. A grant of relief from the standards of these regulations consistent
      with the variance conditions herein.

    39. Violation. The failure of a structure or other development to be fully
      compliant with these regulations.

  3. Administration
    1. Designation of the Floodplain Administrator. The City Manager is hereby
      appointed to administer and implement these regulations and is referred to
      herein as the Floodplain Administrator.

    2. Duties and Responsibilities of the Floodplain Administrator. The duties and
      responsibilities of the Floodplain Administrator shall include but are not
      limited to:
      1. Evaluate applications for permits to develop in special flood hazard
        areas.
      2. Interpret actual floodplain boundaries in the field and provide flood
        hazard and flood protection elevation information.
      3. Issue permits to develop in special flood hazard areas when the
        provisions of these regulations have been met, or refuse to issue the
        same in the event of noncompliance.
      4. Inspect buildings and lands to determine whether any violations of
        these regulations have been committed.
      5. Make and permanently keep all records for public inspection
        necessary for the administration of these regulations including Flood
        Insurance Rate Maps, Letters of Map Amendment and Revision,
        records of issuance and denial of permits to develop in special flood
        hazard areas, determinations of whether development is in or out of
        special flood hazard areas for the purpose of issuing floodplain
        development permits, elevation certificates, variances, and records of
        enforcement actions taken for violations of these regulations.
      6. Enforce the provisions of these regulations.
      7. Provide information, testimony, or other evidence as needed during
        variance hearings.
      8. Coordinate map maintenance activities and FEMA follow-up.
      9. Conduct substantial damage determinations to determine whether
        existing structures, damaged from any source and in special flood
        hazard areas identified by FEMA, must meet the development
        standards of these regulations.

    3. Floodplain Development Permits. It shall be unlawful for any person to
      begin construction or other development activity including but not limited to
      filling; grading; construction; alteration, remodeling, or expanding any
      structure; or alteration of any watercourse wholly within, partially within or
      in contact with any identified special flood hazard area, as established in
      Section (a)(6), until a floodplain development permit is obtained from the
      Floodplain Administrator. Such floodplain development permit shall show
      that the proposed development activity is in conformity with the provisions
      of these regulations. No such permit shall be issued by the Floodplain
      Administrator until the requirements of these regulations have been met.

    4. Application Required. An application for a floodplain development permit
      shall be required for all development activities located wholly within,
      partially within, or in contact with an identified special flood hazard area.
      Such application shall be made by the owner of the property or his/her
      authorized agent, herein referred to as the applicant, prior to the actual
      commencement of such construction on a form furnished for that purpose.
      Where it is unclear whether a development site is in a special flood hazard
      area, the Floodplain Administrator may require an application for a
      floodplain development permit to determine the development’s location.
      Such applications shall include, but not be limited to:
      1. Site plans drawn to scale showing the nature, location, dimensions,
        and topography of the area in question; the location of existing or
        proposed structures, fill, storage of materials, drainage facilities, and
        the location of the foregoing.
      2. Elevation of the existing, natural ground where structures are
        proposed.
      3. Elevation of the lowest floor, including basement, of all proposed
        structures.
      4. Such other material and information as may be requested by the
        Floodplain Administrator to determine conformance with, and
        provide enforcement of these regulations.
      5. Technical analyses conducted by the appropriate design professional
        registered in the State of Ohio and submitted with an application for a
        floodplain development permit when applicable:
        1. Floodproofing certification for non-residential floodproofed
          structure as required in Section (d)(5).
        2. Certification that fully enclosed areas below the lowest floor
          of a structure not meeting the design requirements of Section
          (d)(4) are designed to automatically equalize hydrostatic
          flood forces.
        3. Description of any watercourse alteration or relocation that
          the flood carrying capacity of the watercourse will not be
          diminished, and maintenance assurances as required in
          Section (d)(9)(C).
        4. A hydrologic and hydraulic analysis demonstrating that the
          cumulative effect of proposed development, when combined
          with all other existing and anticipated development will not
          increase the water surface elevation of the base flood by more
          than one foot in special flood hazard areas where the Federal
          Emergency Management Agency has provided base flood
          elevations but no floodway as required by Section (d)(9)(B).
        5. A hydrologic and hydraulic engineering analysis showing
          impact of any development on flood heights in an identified
          floodway as required by Section (d)(9)(A).
        6. Generation of base flood elevation(s) for subdivision and
          large-scale developments as required by Section (d)(3).
      6. A floodplain development permit application fee set by the schedule
        of fees adopted by the City of Hudson.

    5. Review and Approval of a Floodplain Development Permit Application.
      1. Review.
        1. After receipt of a complete application, the Floodplain
          Administrator shall review the application to ensure that the
          standards of these regulations have been met. No floodplain
          development permit application shall be reviewed until all
          information required in Section (c)(4) has been received by
          the Floodplain Administrator.
        2. The Floodplain Administrator shall review all floodplain
          development permit applications to assure that all necessary
          permits have been received from those federal, state or local
          governmental agencies from which prior approval is required.
          The applicant shall be responsible for obtaining such permits
          as required including permits issued by the U.S. Army Corps
          of Engineers under Section 10 of the Rivers and Harbors Act
          and Section 404 of the Clean Water Act, and the Ohio
          Environmental Protection Agency under Section 401 of the
          Clean Water Act.
      2. Approval. Within thirty (30) days after the receipt of a complete
        application, the Floodplain Administrator shall either approve or
        disapprove the application. If an application is approved, a
        floodplain development permit shall be issued. All floodplain
        development permits shall be conditioned upon the commencement
        of work within one (1) year. A floodplain development permit shall
        expire one (1) year after issuance unless the permitted activity has
        been substantially begun and is thereafter pursued to completion.

    6. Inspections. The Floodplain Administrator shall make periodic inspections at
      appropriate times throughout the period of construction in order to monitor
      compliance with permit conditions.

    7. Post-Construction Certifications Required. The following as-built
      certifications are required after a floodplain development permit has been
      issued:
      1. For new or substantially improved residential structures, or
        nonresidential structures that have been elevated, the applicant shall
        have a Federal Emergency Management Agency Elevation Certificate
        completed by a registered surveyor to record as-built elevation data.
        For elevated structures in Zone A and Zone AO areas without a base
        flood elevation, the elevation certificate may be completed by the
        property owner or owner’s representative.
      2. For all development activities subject to the standards of Section
        (c)(10)(A), a Letter of Map Revision.

    8. Revoking a Floodplain Development Permit. A floodplain development
      permit shall be revocable, if among other things, the actual development
      activity does not conform to the terms of the application and permit granted
      thereon. In the event of the revocation of a permit, an appeal may be taken to
      the Board of Zoning and Building Appeals in accordance with Section (e) of
      these regulations.

    9. Exemption from Filing a Development Permit. An application for a
      floodplain development permit shall not be required for:
      1. Maintenance work such as roofing, painting, and basement sealing, or
        for small nonstructural development activities (except for filling and
        grading) valued at less than $5,000.
      2. Development activities in an existing or proposed manufactured
        home park that are under the authority of the Ohio Department of
        Health and subject to the flood damage reduction provisions of the
        Ohio Administrative Code Section 3701.
      3. Major utility facilities permitted by the Ohio Power Siting Board
        under Section 4906 of the Ohio Revised Code.
      4. Hazardous waste disposal facilities permitted by the Hazardous
        Waste Siting Board under Section 3734 of the Ohio Revised Code.
      5. Development activities undertaken by a federal agency and which are
        subject to Federal Executive Order 11988 – Floodplain Management.

        Any proposed action exempt from filing for a floodplain development permit
        is also exempt from the standards of these regulations.

    10. Map Maintenance Activities. To meet National Flood Insurance Program
      minimum requirements to have flood data reviewed and approved by FEMA,
      and to ensure that the City of Hudson flood maps, studies and other data
      identified in Section (a)(6) accurately represent flooding conditions so
      appropriate floodplain management criteria are based on current data, the
      following map maintenance activities are identified:
      1. Requirement to Submit New Technical Data.
        1. For all development proposals that impact floodway
          delineations or base flood elevations, the community shall
          ensure that technical data reflecting such changes be
          submitted to FEMA within six months of the date such
          information becomes available. These development
          proposals include:
          1. Floodway encroachments that increase or decrease
            base flood elevations or alter floodway boundaries;
          2. Fill sites to be used for the placement of proposed
            structures where the applicant desires to remove the
            site from the special flood hazard area;
          3. Alteration of watercourses that result in a relocation
            or elimination of the special flood hazard area,
            including the placement of culverts; and
          4. Subdivision or large scale development proposals
            requiring the establishment of base flood elevations in
            accordance with Section (d)(3).
        2. It is the responsibility of the applicant to have technical data,
          required in accordance with Section (c)(10)(A), prepared in a
          format required for a Conditional Letter of Map Revision or
          Letter of Map Revision, and submitted to FEMA. Submittal
          and processing fees for these map revisions shall be the
          responsibility of the applicant.
        3. The Floodplain Administrator shall require a Conditional
          Letter of Map Revision prior to the issuance of a floodplain
          development permit for:
          1. Proposed floodway encroachments that increase the
            base flood elevation; and
          2. Proposed development which increases the base flood
            elevation by more than one foot in areas where FEMA
            has provided base flood elevations but no floodway.
        4. Floodplain development permits issued by the Floodplain
          Administrator shall be conditioned upon the applicant
          obtaining a Letter of Map Revision from FEMA for any
          development proposal subject to Section (c)(10)(A)(i).

      2. Right to Submit New Technical Data. The Floodplain Administrator
        may request changes to any of the information shown on an effective
        map that does not impact floodplain or floodway delineations or base
        flood elevations, such as labeling or planimetric details. Such a
        submission shall include appropriate supporting documentation made
        in writing by the City Manager of the City of Hudson, and may be
        submitted at any time.

      3. Annexation/Detachment. Upon occurrence, the Floodplain
        Administrator shall notify FEMA in writing whenever the boundaries
        of the City of Hudson have been modified by annexation or the
        community has assumed authority over an area, or no longer has
        authority to adopt and enforce floodplain management regulations for
        a particular area. In order that the City of Hudson Flood Insurance
        Rate Map accurately represent the City of Hudson boundaries,
        include within such notification a copy of a map of the City of
        Hudson suitable for reproduction, clearly showing the new corporate
        limits or the new area for which the City of Hudson has assumed or
        relinquished floodplain management regulatory authority.

    11. Data Use and Flood Map Interpretation. The following guidelines shall
      apply to the use and interpretation of maps and other data showing areas of
      special flood hazard:
      1. In FEMA identified special flood hazard areas where base flood
        elevation and floodway data have not been identified, the Floodplain
        Administrator shall review and reasonably utilize any other flood
        hazard data available from a federal, state, or other source.
      2. Base flood elevations and floodway boundaries produced on FEMA
        flood maps and studies shall take precedence over base flood
        elevations and floodway boundaries by any other source that reflect a
        reduced floodway width and/or lower base flood elevations.
      3. When Preliminary Flood Insurance Rate Maps and/or Flood
        Insurance Study have been provided by FEMA:
        1. Upon the issuance of a Letter of Final Determination by the
          FEMA, the preliminary flood hazard data shall be used and
          replace all previously existing flood hazard data provided
          from FEMA for the purposes of administering these
          regulations.
        2. Prior to the issuance of a Letter of Final Determination by
          FEMA, the use of preliminary flood hazard data shall only be
          required where no base flood elevations exist or where the
          preliminary base flood elevations exceed the base flood
          elevations in existing flood hazard data provided from
          FEMA. Such preliminary data may be subject to change
          and/or appeal to FEMA.
      4. The Floodplain Administrator shall make interpretations, where
        needed, as to the exact location of the flood boundaries and areas of
        special flood hazard in the field. A person contesting the
        determination of the location of the boundary shall be given a
        reasonable opportunity to appeal the interpretation as provided in
        Section (e), Appeals and Variances.
      5. Where a map boundary showing an area of special flood hazard and
        field elevations disagree, the base flood elevations or flood protection
        elevations (as found on an elevation profile, floodway data table,
        established high water marks, etc.) shall prevail.

    12. Substantial Damage Determinations. Damages to structures may result from
      a variety of causes including flood, tornado, wind, heavy snow, fire, etc.
      After such a damage event, the Floodplain Administrator shall:
      1. Determine whether damaged structures are located in special flood
        hazard areas;
      2. Conduct substantial damage determinations for damaged structures
        located in special flood hazard areas; and
      3. Make reasonable attempt to notify owners of substantially damaged
        structures of the need to obtain a floodplain development permit prior
        to repair, rehabilitation, or reconstruction.

        Additionally, the Floodplain Administrator may implement other measures to
        assist with the substantial damage determination and subsequent repair
        process. These measures include issuing press releases, public service
        announcements, and other public information materials related to the
        floodplain development permits and repair of damaged structures;
        coordinating with other federal, state, and local agencies to assist with
        substantial damage determinations; providing owners of damaged structures
        materials and other information related to the proper repair of damaged
        structures in special flood hazard areas; and assist owners of substantially
        damaged structures with Increased Cost of Compliance insurance claims.

  4. Use and Development Standards for Flood Hazard Reduction. The following use
    and development standards apply to development wholly within, partially within, or
    in contact with any special flood hazard area as established in Section (a)(6) or
    (c)(11)(A):

    1. Use Regulations.
      1. Permitted Uses. All uses not otherwise prohibited in this section or
        any other applicable land use regulation adopted by City of Hudson
        are allowed provided they meet the provisions of these regulations.
      2. Prohibited Uses.
        1. Private water supply systems in all special flood hazard areas
          identified by FEMA, permitted under Section 3701 of the
          Ohio Revised Code.
        2. Infectious waste treatment facilities in all special flood hazard
          areas, permitted under Section 3734 of the Ohio Revised
          Code.

    2. Water and Wastewater Systems. The following standards apply to all water
      supply, sanitary sewerage and waste disposal systems not otherwise regulated
      by the Ohio Revised Code:
      1. All new and replacement water supply systems shall be designed to
        minimize or eliminate infiltration of floodwaters into the systems;
      2. New and replacement sanitary sewerage systems shall be designed to
        minimize or eliminate infiltration of flood waters into the systems
        and discharge from the systems into flood waters; and,
      3. On-site waste disposal systems shall be located to avoid impairment
        to or contamination from them during flooding.

    3. Subdivisions and Large Developments.
      1. All subdivision proposals shall be consistent with the need to
        minimize flood damage and are subject to all applicable standards in
        these regulations;
      2. All subdivision proposals shall have public utilities and facilities such
        as sewer, gas, electrical, and water systems located and constructed to
        minimize flood damage;
      3. All subdivision proposals shall have adequate drainage provided to
        reduce exposure to flood damage; and
      4. In all areas of special flood hazard where base flood elevation data
        are not available, the applicant shall provide a hydrologic and
        hydraulic engineering analysis that generates base flood elevations
        for all subdivision proposals and other proposed developments
        containing at least 50 lots or 5 acres, whichever is less.
      5. The applicant shall meet the requirement to submit technical data to
        FEMA in Section (c)(10)(A)(i)(d) when a hydrologic and hydraulic
        analysis is completed that generates base flood elevations as required
        by Section (d)(3)(D).

    4. Residential Structures.
      1. New construction and substantial improvements shall be anchored to
        prevent flotation, collapse, or lateral movement of the structure
        resulting from hydrodynamic and hydrostatic loads, including the
        effects of buoyancy. Where a structure, including its foundation
        members, is elevated on fill to or above the base flood elevation, the
        requirements for anchoring [(d)(4)(A)] and construction materials
        resistant to flood damage [(d)(4)(B)] are satisfied.
      2. New construction and substantial improvements shall be constructed
        with methods and materials resistant to flood damage.
      3. New construction and substantial improvements shall be constructed
        with electrical, heating, ventilation, plumbing and air conditioning
        equipment and other service facilities that are designed and/or
        elevated so as to prevent water from entering or accumulating within
        the components during conditions of flooding.
      4. New construction and substantial improvement of any residential
        structure, including manufactured homes, shall have the lowest floor,
        including basement, elevated to or above the flood protection
        elevation. Where flood protection elevation data are not available,
        the structure shall have the lowest floor, including basement, elevated
        at least two feet above the highest adjacent natural grade.
      5. New construction and substantial improvements, including
        manufactured homes, that do not have basements and that are
        elevated to the flood protection elevation using pilings, columns,
        posts, or solid foundation perimeter walls with openings sufficient to
        allow unimpeded movement of flood waters may have an enclosure
        below the lowest floor provided the enclosure meets the following
        standards:
        1. Be used only for the parking of vehicles, building access, or
          storage; and
        2. be designed and certified by a registered professional
          engineer or architect to automatically equalize hydrostatic