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Section 1206.02    Conditional Use Standards

  1. General Provisions
    Conditional uses are listed for each zone district in Chapter 1205 of this Code. Only
    those uses expressly listed as conditional uses in a particular district may be
    considered in that zone district. All applications for a conditional use shall
    demonstrate compliance with the general criteria and standards, as well as any
    special criteria and standards specific to the requested use as set forth in the Table of
    Permitted and Conditional Uses by Zone District ('1206.01) and in this section.

  2. Conditional Uses: General Criteria and Standards
    In addition to any special conditions and standards listed in the following subsection
    1206.02(c) and/or the Table of Permitted and Conditional Uses by Zone District, all
    applications for a conditional use shall demonstrate that:
    1. The use is consistent with the policies and intent of the corresponding plan
      district in which it is located, as set forth in the City of Hudson
      Comprehensive Plan (as amended from time to time).

    2. The use is physically and operationally compatible with the surrounding
      neighborhood and surrounding existing uses. Conditions may be imposed on
      a proposed conditional use to ensure that potential significant adverse
      impacts on surrounding existing uses will be reduced to the maximum extent
      feasible, including, but not limited to, conditions or measures addressing:
      1. Location on a site of activities that generate potential adverse impacts
        such as noise and glare;
      2. Hours of operation and deliveries;
      3. Location of loading and delivery zones;
      4. Light intensity and hours of full illumination;
      5. Placement and illumination of outdoor vending machines;
      6. Loitering;
      7. Litter control;
      8. Placement of trash receptacles;
      9. On-site parking configuration and facilities;
      10. On-site circulation;
      11. Privacy concerns of adjacent uses.

    3. The use can generally be accommodated on the site consistent with any
      architectural and design standards set forth in the applicable district
      regulations of this Code, and in conformance with all dimensional, site
      development, grading/drainage, performance, and other standards for the
      district in which it will be located.

    4. To the maximum extent feasible, access points to the property are located as
      far as possible, in keeping with accepted engineering practice, from road
      intersections and adequate sight distances are maintained for motorists
      entering and leaving the property proposed for the use.

    5. On-site and off-site traffic circulation patterns related to the use shall not
      adversely impact adjacent uses or result in hazardous conditions for
      pedestrians or vehicles in or adjacent to the site.

    6. The use will be adequately served by public facilities and services. Public
      facilities and services that may be considered in light of this standard include,
      but are not limited to, water, sewer, electric, schools, streets, fire and police
      protection, storm drainage, public transit, and public parks/trails. See also
      Section 1207.11, "Adequate Public Facilities".

    7. The use provides adequate off-street parking on the same property as the use,
      in compliance with standards set forth in Section 1207.12 of this Code.

    8. Unless addressed in the special conditions and standards set forth below, the
      use will be screened with fencing and/or landscaping in excess of what is
      required in Section 1207.04 of this Code, as appropriate, if the use may
      otherwise result in an adverse impact on adjacent property benefiting from
      such screening.

    9. The residential use is proposed at a density consistent with that of the
      existing neighborhood density or is compatible by its use of architecture,
      orientation of structures and parking, and landscape buffer.

  3. Conditional Uses: Special Conditions and Standards
    For every use listed in the Table of Permitted and Conditional Uses by Zone District
    as a conditional use ("C"), the column titled "Special Conditions" may contain one or
    more numbers that correspond to the same-numbered special conditions and
    standards listed in this subsection. The proposed conditional use must satisfy all
    such special conditions and standards in addition to the general criteria and standards
    set forth in subsection (b) above.

    Special Conditions Addressing Operations:
    1. The only dwelling on the property, if one is provided, shall be for the priest,
      deacon, minister, or rabbi associated with the place of worship, or for a
      facility's manager, caretaker, or maintenance person, and related family.

    2. All preschools shall provide a play area of at least 6,000 square feet, and all
      elementary and secondary schools shall be accredited and licensed by the
      State of Ohio and shall include academic instruction.

    3. The use shall contain no overnight accommodations.

    4. Where applicable, certification or licensing by the sponsoring state or federal
      governmental agency shall be a prerequisite to issuance of a zoning
      certificate by the City. A copy of an annual report with evidence of
      continuing certification shall be submitted to the Community Development
      Director in January of each year.

    5. Amplification of music, live entertainment, or other noise emanating from the
      use that is audible at the property line shall not be allowed.

    6. All vehicle maintenance or repairs shall be wholly conducted within an
      enclosed structure.

    7. The storage of hazardous materials for longer than thirty (30) days shall not
      be permitted.

    8. Bulk storage in excess of 1,000 gallons of flammable liquids or in excess of
      125 cubic feet of flammable gases shall be underground. A disaster/spill plan
      shall be completed and shall remain on file with the Fire and Police
      Departments.

      Special Conditions Addressing Parking, Circulation, and Access:
    9. Points of ingress and egress for police, fire, and other emergency services
      shall be located to maximize sight distances along adjacent public streets.

    10. Adequate vehicle turning areas shall be provided on the site so that vehicles
      and equipment can be maneuvered on site without interrupting traffic flow or
      blocking public streets.

    11. The parking area for the use shall be a minimum of 50 feet from adjacent
      properties used for residential purposes.

    12. Safe areas for pick-up and discharge of persons shall be provided.

    13. Drive-through teller or ATM facilities for banks and other financial
      institutions shall not have direct access to, or from, a public street.
    14. Adequate provisions shall be made for access by emergency medical and fire
      vehicles on two sides of the building.

      Special Conditions Addressing Compatibility:
    15. The use or building housing such use shall be located a minimum of 300 feet
      from the lot line of any residentially zoned parcel.

    16. The use or building housing such use shall be located a minimum of 500 feet
      away from the lot line of any residential use, except for a transfer station or
      any building housing a transfer station, shall be located a minimum of 1000
      feet away from the lot line of any residential use.

    17. All property lines that adjoin a residential use or district shall be screened
      with a bufferyard that is equivalent or exceeds screening provided by
      Bufferyard E as defined in Section 1207.04 of this Code.

    18. Special Conditions for Model Homes:
      1. Such use shall be temporary only and conditional use approval shall
        automatically lapse and be null and void after 2 years from the date of
        PC approval or BZBA approval on appeal, whichever is later.
      2. A paved parking area for visitors shall be provided.
      3. No business other than new home sales or leasing shall be conducted
        from the model home.
      4. The number of employees on-site at the model home shall not exceed
        3 sales and marketing personnel.
      5. A model home shall not be open for public viewing or business
        before 9 a.m. or later than 8 p.m.

    19. Special Conditions for Outdoor Activity and Storage Areas
      1. Outdoor operations or activities shall not include the storage or
        accumulation of waste products, including tires, waste oils, grease,
        or other flammable, toxic, or hazardous materials.
      2. The manner of outdoor operations or activities shall facilitate access
        for fire fighting, shall prevent hazards from fire or explosion, and
        shall prevent accumulation of stagnant water.

    20. Special Conditions for Cemeteries:
      1. Grave sites shall be setback from property and street lines at least 100
        feet.
      2. Trees shall be removed from the property only to the extent necessary
        to accommodate projected new grave sites one year in advance.
        Existing areas on the site that are not forested shall be used first.
        There shall be no crematorium on the property.
      3. Maintenance buildings and outside storage areas shall be screened
        from view of adjacent public roads and dwellings. Bufferyard C shall
        be used, as defined in Section 1207.04 of this Code.
      4. The City may require fencing along the perimeter of the cemetery.
      5. The term cemetery shall include pet cemetery. However, no pet
        cemetery shall be within or abutting a cemetery used for human
        burial.
      6. Adequately funded programs and provisions that meet the approval of
        the City's solicitor shall be provided to guarantee perpetual care of all
        cemetery ground. This provision shall apply to all existing
        cemeteries for which expansions are proposed.

    21. Special Conditions for Commercial Recreational Facilities and Golf Courses:
      1. Commercial recreational facilities shall generally be limited to
        fishing clubs, ice skating rinks, miniature golf courses, golf driving
        ranges, fishing lakes, sports training facility, tennis clubs, or swim
        clubs. The category shall not be construed to include concert halls or
        outdoor concert areas, race tracks of any kind, stadiums, or similar
        facility intended to attract large crowds in excess of 1,000 people.
      2. The use of firearms shall not be permitted as a part of user activities
        at a commercial recreational facility.
      3. A traffic impact study shall be submitted that assesses the impacts of
        the proposed use on existing roads, intersections, and circulation
        patterns, and that demonstrates compliance with the traffic facility
        standard set forth in Section 1207.11 of this Code, and/or sets forth
        mitigation measures to eliminate or substantially reduce such
        impacts.
      4. The only dwelling on the property, if one is provided, shall be that of
        a manager or a caretaker of the facility and related family.
      5. The City may restrict access to the facility, storage of vehicles or
        materials on the property, and hours of operation to ensure no adverse
        impacts on adjacent properties.
      6. The City may restrict outdoor lighting on the property to a greater
        extent than this Code may otherwise require, in order to eliminate
        glare on abutting public roads and private property.
      7. All principal structures such as pools, bath houses, restaurants, or
        clubhouses shall be set back at least one hundred (100) feet from the
        front property line and at least fifty (50) feet from other property
        lines.
      8. Golf course development shall, to the maximum extent feasible,
        adhere to the principles governing planning and siting, design,
        construction, maintenance, and facility operations contained in the
        publication entitled AGolf & The Environment: Environmental
        Principles for Golf Courses in the United States@ (Center for
        Resource Management, c. 1996), as amended from time to time. A
        copy of this publication can be found at the City of Hudson
        Community Development Department.

    22. Special Conditions for Group Homes and Institutional Residences:
      1. A plan for security of the premises shall be prepared if the facility is a
        transitional group home. The PC may require full-time security
        personnel on the premises at all times if the PC finds that the facility
        poses a potential security threat to the surrounding neighborhood.
      2. 24-hour supervision shall be provided by qualified staff at all
        transitional group homes, group homes for the handicapped, and
        institutional residences for the handicapped or elderly.
      3. No kitchen facilities shall be located in any bedroom.
      4. Except for institutional residences, or as otherwise limited by zone
        district restrictions, the number of residents occupying the use at any
        one time, including staff and family of staff, shall not exceed 12
        persons. The number of clients or boarders shall not exceed 8
        persons.
      5. The use shall comply with any maximum occupancy standards and
        off-street parking requirements set forth in this Code or in any other
        applicable City ordinance, code, or regulation.
      6. Such use proposed to be sited in an existing structure and proposed to
        house more than five clients shall, to the maximum extent feasible,
        meet the requirements set forth in the current BOCA Building Code.
      7. If active and continuous operations are not carried on for a period of
        12 consecutive months in a group home or institutional residence that
        was approved pursuant to this Code, the group home or institutional
        residence use shall be considered to be abandoned. The use may be
        reinstated only after obtaining a new conditional use approval.
      8. Group homes shall be designed as single-family homes in
        appearance.

    23. Special Conditions for Automobile Service Stations:
      1. The structure housing the station shall be of modern fireproof
        construction and shall have a minimum enclosed area of 1,200 square
        feet.
      2. All service stations shall contain separate lavatories for men and
        women, separated by soundproof walls.
      3. All minor repair work, vehicle washing, lubrication, and installation
        of parts and accessories shall be wholly performed within an enclosed
        structure.
      4. All automobile parts, dismantled vehicles, and similar materials shall
        be stored within an enclosed building or totally screened from view
        by a solid or privacy fence. A chain link fence with slats shall not
        constitute acceptable screening or fencing for the purposes of this
        provision.
      5. All vehicles awaiting repair shall be stored on site in approved
        parking spaces and under no circumstances shall such vehicles be
        stored on or obstruct access to a public right-of-way.
      6. Gasoline pumps shall be located at least 30 feet from the edge of the
        right-of-way of a public street. Tanks shall be limited to a maximum
        capacity of 5,000 gallons and to 1 tank for each grade of fuel sold.
      7. All tanks containing fuel, oil, waste oils and greases, or similar
        substance shall be placed underground at least 50 feet from any
        property line, and vented, in accordance with Ohio Code
        requirements.
      8. All discarded materials such as tires, cans, drums, and the like, shall
        be stored in an enclosed area and under cover.
      9. A canopy over the fuel pumps that is detached from the principal
        building may be erected provided that such structure is located at
        least 10 feet from any property line or street right-of-way, and such
        structure is not enclosed.
      10. There shall be adequate space on the subject property to allow up
        to 3 cars to stack in a line for services without using any portion of
        an adjacent public street.

    24. Special Conditions for Convenience Stores:
      1. The maximum size of a convenience store shall be three thousand,
        five hundred (3,500) square feet of gross floor area.
      2. If gasoline is sold as part of the convenience store operation, the
        conditions for Automobile Service Stations listed above shall also apply.
        In addition, parking areas for retail sales and gasoline service shall be
        separated from each other, and circulationwithin the property to each
        parking area shall be separate and clearlymarked or evident.
      3. The applicant shall submit a litter control plan as part of the
        application for conditional use approval.
      4. No drive-through service shall be permitted as part of the operation
        of a convenience store.

    25. Special Conditions for Adult Businesses.
      See Section 1207.19 (a), "Adult Uses."

    26. Special Conditions for Bed and Breakfast Inns:
      1. Up to 25 percent of the gross floor area may be in nonliving-quarter
        accessory uses, including newsstands, gift shops, lounges,
        restaurants, and similar incidental uses, provided any incidental
        business is conducted primarily as a service to guests, and there is no
        entrance to such place of business except from inside the building.
      2. No operator shall permit a guest to occupy such accommodations for
        a consecutive period of more than 30 days.
      3. The size of bed and breakfast inns is limited to four (4) guest rooms.
      4. Breakfast shall be the only meal served.

    27. Special Conditions for Restaurants, Bars, or Taverns within 200 Feet of a
      Residential Use:
      1. Business shall be conducted within an enclosed building, except that
        meal service may be provided on an outside patio, provided the patio
        is no more than one-third the floor area of the entire use.
      2. Amplified outdoor live performances shall not be permitted.
      3. The use shall be screened from adjacent residential properties with
        Bufferyard D, as defined in Section 1207.04 of this Code.

    28. Special Conditions for Oil or Gas Exploration:
      1. The use shall demonstrate compliance with the special development
        standards set forth in Section 1207.19(c) of this Code and with the
        standards set forth in Chapter 838 of the City=s codified ordinances.

    29. Special Conditions for District 7 Office Overlay Zone:.
      1. The maximum impervious surface area shall be 50% of the gross
        floor area.
      2. The parking area for the use shall be a minimum of 50 feet from
        adjacent properties used for residential purposes.
      3. No building shall have a wall sign.
      4. No parking shall be permitted between a building and the Darrow
        Road right-of-way.

    30. Special Conditions for Shared Driveways for Dwellings:
      1. Permanent provisions for maintenance, repair, cleaning and
        replacement shall be documented.

    31. Special Conditions for District 8 Hike Bike (HB) Senior Housing Overlay
      Zone:
      Any restaurant, retail use, business or personal or repair service, and
      business or professional office shall be located only at a distance that does
      not exceed 1,000 feet from both the Metro parks Hike and Bike
      Trail and Zoning District 9.