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Land Development Code - City of Hudson, Ohio

Chapter 1206    Use Regulations

Section 1206.01    Table of Permitted and Conditional Uses by Zone District

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

Section 1206.03    Accessory Uses/Structures

Permitted uses and approved conditional uses shall be deemed to include accessory uses, structures,
and activities that are necessarily and customarily incidental and subordinate to the principal uses
allowed in the zoning district, unless specifically prohibited. Accessory uses, structures, and
activities shall be subject to the following regulations in addition to the same regulations that apply
to principal uses in each district.

  1. Residential Accessory Uses
    Residential uses shall include the following accessory uses, activities, and structures:
    1. Accessory dwelling units only in District 4 and District 5 when incidental to
      a principal single-family detached residential use and subject to the following
      conditions:
      1. Accessory dwellings shall consist of living quarters integrated within
        single-family dwellings, or those located in detached accessory
        buildings, such as carriage houses or garages, that are located on the
        same lot as the single family dwelling.
      2. Accessory dwellings shall be at least 500 square feet in total gross
        floor area, but no more than 850 square feet in gross floor area, and
        shall contain at least 2 rooms and private sanitary facilities with hot
        and cold running water, and cooking and food storage facilities
      3. For the purposes of calculating residential density, each accessory
        dwelling shall count as one-half dwelling unit.
      4. There shall not be more than one accessory dwelling on a lot in
        addition to the principal single-family dwelling.
      5. A permitted accessory dwelling unit shall comply with all other
        applicable site and building design, height, access, and other
        standards for principal dwelling units in the zoning district in which
        the accessory dwelling will be located.

    2. Antennas that are designed to receive television broadcast signals, provided
      they comply with Sections 1207.15 and 1207.16.

    3. Barns

    4. Composting, subject to the following conditions:
      1. Such use is not conducted as a business, or as accessory to a business
      2. The materials to be composted must originate on the same property as
        the location of the principal building for which it serves;
      3. The composting site shall be maintained in a safe, sanitary, neat, and
        orderly fashion to prohibit the spread of disease vectors, rodents, and
        insects, and minimize odors;
      4. The composting pile or structure shall permit proper aeration of the
        composted material;
      5. The compost pile or structure shall not be located in any front yard or
        any side yard of a lot;
      6. Access to the composting structure shall not face any adjacent
        property or street;
      7. All composting structures shall be screened and/or buffered from
        adjacent properties by natural materials or by fencing; and
      8. No composting structure shall exceed four (4) feet in height.

    5. Fences and walls, residential, subject to Section 1207.04 of this Code;
      The maximum height at any point shall not exceed four (4) feet above the
      elevation of the surface of the ground at such point, except as may be allowed
      by (B)(C) and (D) below.
      1. To the rear of the main mass of the principal structure, the maximum
        height shall not exceed at any point six (6) feet above the elevation of
        the surface of the ground; except that on a corner lot, abutting in the
        rear the side lot line of another lot, fences, walls and hedges greater
        than four (4) feet in height may not be located forward of the adjacent
        lot's front building line or required setback if undeveloped. No
        fences, walls or hedges shall be permitted which constitute a visual
        obstruction hazardous to persons using the street or sidewalks.

      2.  Arbors, attached to a fence, shall not exceed ten (10) feet in height.

      3. No hedges or other types of growing plants or shrubs exceeding thirty
        (30) inches in height, except deciduous trees, shall be planted within
        the street right of way.

      4. A subdivision entrance wall(s) shall be permitted a the entrance(s) to
        a subdivision. The wall(s) shall not exceed eight (8) feet in height at
        any point, shall average not more than six (6) feet in height over its
        entire length and regardless of the number of sections, the entire
        length of said structure(s) shall not exceed seventy (70) feet at each
        entrance. Lights, if any, mounted on top of the wall(s) may be up to
        two (2) feet in height. Wall(s) shall be located so as to not restrict
        visibility from any driveway and shall be at least two (2) feet in
        distance from the street lines. Wall(s) may include piers that are up
        to fifty percent (50%) wider than the rest of the wall(s). Wall(s) may
        be of constant or variable height, may be curved or straight.

      5. Fences and walls are subject to Section 1207.04 of this Code when
        required as Landscaping/Buffering.

    6. Garages, carports, and off-street parking areas used to serve the residents of
      the property, provided that the height of a garage or carport serving a singlefamily
      dwelling unit shall not exceed 25 feet. A garage or carport may be detached from
      or attached to the principal structure, provided it complies with all applicable zone
      district regulations.

    7. Gates and guard houses;

    8. Guest houses or guest rooms, neither of which may include kitchen facilities,
      provided such guest houses or guest rooms are used for the housing of guests
      or resident employees of the occupants of the principal dwelling and
      provided such facilities are not used as rental units;

    9. Home occupations, subject to Section 1206.03(e) below;

    10. Horses in District 1, District 2, District 3, and District 10, provided that there
      shall be a minimum lot area of 2 acres and at least one acre per horse.
      Domestic/household pets are permitted in all districts;

    11. Playhouses, patios, cabanas, porches, gazebos, and incidental household
      storage buildings, provided that the height of such structures shall not exceed
      16 feet and provided that no storage building shall exceed two-hundred (200)
      square feet in gross floor area;

    12. On-premise signs subject to the standards set forth in Section 1207.17 of this
      Code;

    13. Private recreational and play facilities for use of the residents of the property
      and their guests, provided that:
      1. No outdoor lighting shall be erected to light private tennis courts;
      2. The height of any recreational or play facility shall not exceed 12
        feet; and
      3. All swimming pools shall be subject to the restrictions set forth in
        Section 1206.03(f) below;

    14. Private greenhouses, not for commercial purposes;

    15. Satellite dish antennas 39 inches (1 meter) or less in diameter, provided that
      to the maximum extent feasible, such satellite dish antenna shall be located in
      the rear yard of the residential use;

    16. Solar energy systems:
      1. Placement:  A Solar Energy Systems-Panel located on the pitched roof
        of a residential structure may not extend above the peak of the roof 
        or beyond the outside edges of the roof line.   Panels greater than six (6)
        inches in height may not be located on a flat roof of any structure
        unless they are screened or are not visible from the public view.  Within
        the Historic District, a Solar Energy Systems-Panel shall not be located
        on the roof or wall facing the front lot line, and on a corner lot shall not
        be located on the roof or wall facing the side lot line facing the street
        that is not designated as the "front".
      2. Height:  A Solar Energy Systems-Freestanding Solar Array shall not exceed
        16 feet in height from the ground to the highest point of the supporting
        structure or Panels, whichever is taller.
      3. Setbacks:  A Solar Energy Systems-Freestanding Solar Array shall not be
        located closer than 15 feet to the side and rear property lines, or on a
        corner lot, the setback for the street side not designated a "front" shall
        conform to the zoning district setback requirements.
      4. Yard Area:  A Solar Energy Systems-Freestanding Solar Array shall be
        located only in the rear yard and shall not occupy more than thirty percent
        (30%) of the rear yard.
      5. Exemption:  Any Solar Energy System attached or located on the roof or
        wall of a building that does not project more than six (6) inches from that
        surface is exempt from obtaining a Zoning Certificate, except for:  1)  A
        Solar Energy Systems installed in the Historic District; or 2)  A Solar
        energy Systems located on the roof or wall facing the front lot line on a
        corner lot on the roof or wall facing side lot line facing the street that is not
        designated as the "front".

    17. Storage or parking of trucks, cars, or major recreational equipment, including
      but not limited to boats, boat trailers, camping trailers, motorized homes, and
      house trailers, subject to the restrictions set forth in Section 1206.03(g)
      below.

  2. Nonresidential Accessory Uses
    Commercial, retail, and industrial uses shall include the following accessory uses,
    activities, and structures:
    1. Antennas that are designed to receive television broadcast signals provided
      they comply with Sections 1207.15 and 1207.16 of this Code;

    2. Automated teller machine (ATM) located inside the structure housing the
      principal use;

    3. Cafeteria, dining halls, and similar food services when operated primarily for
      the convenience of employees, clients, customers, or visitors to the principal
      use;

    4. Dwelling units, other than mobile homes, when used to house security or
      maintenance employees or personnel;

    5. Fences and walls, subject to Section 1207.04 of this Code:
      1. The maximum height at any point shall not exceed four (4) feet above
        the elevation of the surface of the ground at such point, except as may
        be allowed by (B) (C) and (D) below:
      2. Commercial fences and walls may, in any required rear or side yard,
        exceed four (4) feet but shall not exceed at any point eight (8) feet in
        height above the elevation of the surface of the ground at such point,
        provided that on a corner lot, abutting in the rear the side lot line of
        another lot, no fence or wall greater than four (4) feet in height may
        be located forward of the adjacent lots minimum front yard setback.
        No hedges, fences or walls shall be permitted which constitute a
        visual obstruction hazardous to persons using the street or sidewalks.
      3. No hedges or other types of growing plants or shrubs exceeding thirty
        (30) inches in height, except deciduous trees, shall be planted within
        the street right of way.
      4. A subdivision entrance wall(s) shall be permitted at the entrance(s) to
        a subdivision. The wall(s) shall not exceed eight (8) feet in height at
        any point, shall average not more than six (6) feet in height over its
        entire length and regardless of the number of sections, the entire
        length of said structure(s) shall not exceed seventy (70) feet at each
        entrance. Lights, if any, mounted on top of the wall(s) may be up to
        two (2) feet in height. Wall(s) shall be located so as to not restrict
        visibility from any driveway and shall be at least two (2) feet in
        distance from the street lines. Wall(s) may include piers that are up
        to fifty percent (50%) wider than the rest of the wall(s). Wall(s) may
        be of constant or variable height, may be curved or straight.

    6. Gates and guard houses;

    7. Heliports as an accessory use to hospital uses only;

    8. As accessory uses to golf courses or indoor recreational facilities only,
      clubhouses including space for the sale of golf or other sporting equipment,
      food, and refreshments.

    9. On-premises signs, subject to the standards set forth in Section 1207.17 of
      this Code;

    10. Outdoor serving areas for a restaurant, however in all districts except District
      5, outdoor serving areas within two hundred (200) feet of a residential use
      requires Conditional Use approval.

    11. Parking garages and off-street parking areas for employees, customers, and
      guests;

    12. Private recreational facilities for use by employees and guests, subject to the
      standards set forth in Section 1206.03(f) for swimming pools;

    13. Restaurants, bars, news stands, gift shops, clubs, and lounges when inside the
      principal building containing a permitted lodging use;

    14. Swimming pools and tennis courts located on the same parcel of a permitted
      lodging use, subject to the standards set forth in Section 1206.03(f) for
      swimming pools;

    15. Retail sales of goods as part of permitted industrial and warehouse activities,
      subject to the following conditions:
      1. All retail sales shall be conducted within the same structure housing
        the principal industrial or warehouse use, and no outdoor retail sales
        activity shall be allowed;
      2. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.;
      3. Items for sale shall either be manufactured by the principal use or
        part of the principal warehouse=s stock;
      4. Maximum gross floor area of the accessory retail use shall be either
        ten (10) percent of the total gross floor area of the principal use or
        five-thousand (5,000) square feet, whichever is less; and
      5. Parking for the retail accessory use is provided in accordance with
        the off-street parking standards for retail uses as set forth in Section
        1207.12 of this Code.

    16. Retail sales as an accessory use to artisan and photography studios, provided
      the works of art or photographs for sale shall be work product from the
      principal studio use;

    17. Satellite dish antennas that are 78 inches (2 meters) or less in diameter,
      provided that, to the maximum extent feasible, the satellite dish antenna is
      located to the rear of the principal building and is screened from view; and

    18. Storage of merchandise and non-hazardous materials when located in the
      same building as the principal use.

    19. Oil and Gas Exploration and Extraction, subject to the following conditions:
      1. The use shall demonstrate compliance with the special development
        standards set forth in Section 1207.19 of this Code and with the
        standards set forth in Chapter 838 of the City's codified ordinances.
      2. Drilling, storage and tank batteries are located at least 300 feet or
        more from lot lines of adjoining properties and are to be opaquely
        screened so as not to be visible from adjoining properties.

    20. Solar Energy Systems:

 A.   Placement:  A Solar Energy Systems-Panel located on the pitched
roof of a nonresidential structure may not extend above the peak  of the
roof or beyond the outside edges of the roof line.  Panels greater than six (6)
inches in height may not be located on the flat roof of any structure unless
they are screened or are not visible from the public view.  Within the Historic
District, Solar Energy Systems-Panel shall not be located on the roof or wall
facing the front lot line, and on a corner lot shall not be located on the roof or
wall facing the side lot line facing the street that is not designated as the "front".

B.    Height:  A Solar Energy Systems-Freestanding Solar Array shall not exceed
16 feet in height from the ground to the highest point of the supporting structure
or Panels, whichever is taller.

C.    Setbacks:  A Solar Energy Systems-Freestnading Solar Array shall not be
located closer than 25 feet to the side and rear property lines.  Freestanding
Solar Arrays shall be no closer than 100 feet from the lot line of any property
that is zoned to permit a residential use.

D.    Yard Area:  A Solar Energy Systems-Freestanding Solar Array shall be
located only in the rear yard and shall not occupy more than thirty percent
(30%) of the rear yard.

E.    Exemption:  Any Solar Energy System attached or located on the roof or
wall of a building that does not project more than six (6) inches from that
surface of the roof or wall is exempt from obtaining a Zoning Certificate, except
for:  1)  Solar Energy Systems installed in the Historic District; or 2) Solar
Energy Systems locatd on the roof or wall facing the front lot line or on a corner
lot on the roof or wall facing the side lot line facing the street that is not
designated as the "front"

c.       Accessory Use Regulations In the Historic District
          Accessory use of contemporary (modern) appurtenances, including but not limited to
          free-standing air conditioning units, trash receptacles, basketball hoops, antennas,
          and children's play equipment, shall conform to the following requirements:
          1.     All contemporary appurtenances shall be located in a rear yard so as to lessen
                  their visibility from a public street or other public area.
          2.    All antennas shall be located in the following order of preference:
                 A.     In a rear or side yard so as not to be visible from a street or other
                          public area, or
                 B.      In an area adequately screened so that the antenna is not visible from
                           a street or other public area and where such screening conforms to all
                           the requirements of this Code.
          3.    All contemporary appurtenances must comply with the applicable provisions
                 of the City Building and Housing Code and the Fire Prevention Code.

      d.       Accessory Use Development and Operational Standards
               The following standards shall apply to all accessory uses and structures:

                 1.     Front Setback
                         No accessory use, structure, or activity, except for permitted fences or walls
                         shall be located or take place within a front yard.

                 2.     Rear Setback
                        An accessory structure shall not be required to comply with the rear
                         setback/yard requirement for the principal use. Except for permitted fences
                         or walls erected on a property line and except as otherwise expressly allowed
                         by the applicable zone district regulations, accessory structures shall be set
                         back from rear and side lot lines and shall not be closer than the applicable
                         minimum rear and side yard setback.

                 3.     Side Setbacks
                         No accessory structure shall be located within a side yard, except for
                         permitted fences or walls and on corner lots the majority of the floor area of
                         any accessory structure shall not be located within a side yard.

                 4.     Setbacks from Easements
                         No accessory structure shall be located within any platted or recorded
                         easement or over any known utility, without the written permission obtained
                         from the easement holder of utility owner.

                  5.    Maximum Building or Structure Size
                         Except as otherwise expressly limited or allowed in this section, and except
                         for accessory recreational facilities including swimming pools, buildings and
                         structures accessory to residential uses shall not be larger than 1,000 square
                         feet of gross floor area. Maximum size of a barn shall be 10,000 square feet
                        of gross floor area for an agricultural use.

                  6 .  Maximum Number of Accessory Buildings
                        On any lot 2.5 acres or less, the maximum number of accessory buildings
                        shall be three (3).

                  7.    Height
                         Except for television antennas and as otherwise expressly limited or allowed,
                         no accessory structure shall exceed sixteen (16) feet in height.

                  8.    Dwelling Unit Prohibited
                         Except as otherwise expressly allowed, no dwelling unit shall be located in
                         any accessory structure or building.

                   9.   Outdoor Storage of Equipment
                         Except as otherwise expressly limited or allowed in this section, the outdoor
                         storage of construction, landscape, or other similar equipment is not
                         permitted in any residential district.

     e.      Home Occupations
              Home occupations shall be allowed as an accessory use in all Districts,
              subject to the following conditions:
              1.   Permit
                    A.     No home occupation shall be conducted until an application for a
                             home occupation permit is reviewed and approved by the City
                             Manager according to the standards set forth herein.

                    B.      A home occupation permit shall be issued only to a resident of the
                              dwelling unit in which the home occupation is to be conducted. If the
                              resident rents the dwelling unit, the resident shall provide evidence of
                              written permission from the dwelling unit=s owner as part of the
                              permit application.
                    C.      Home occupation permits shall not be transferable and shall not run
                              with the land. All home occupation permits shall expire upon the
                              sale, transfer, or lease of the property to a new owner or tenant.
              2.    Size
                     Home occupations shall not occupy more than 25 percent of the total gross
                     floor area of the principal dwelling unit.

               3.   Operational Standards
                     A.     All activities associated with the home occupation shall be conducted
                              within the principal dwelling or an accessory structure. No outside
                              activity or operations shall be permitted.
                     B.     No equipment shall be used that creates a nuisance due to noise, odor,
                              glare, vibrations, or electrical interference.
                     C.     Home occupations shall be subject to the Performance Standards,
                              including noise standards, set forth in Section 1207.10 of this Code.
                     D.    Home occupations shall be subject to the provisions and standards set
                              forth in Section 1207.11, "Adequate Public Facilities."

              4.     Outdoor Storage and Exterior Appearances
                      A.    No changes in the exterior appearance of the dwelling to
                              accommodate the home occupation shall be allowed.
                      B.    No outdoor storage of materials or equipment in conjunction with the
                              home occupation shall be permitted.
                      C.    All equipment, supplies, stock material and trailers used for
                              landscaping, lawn maintenance or related businesses shall be parked
                              or stored only within enclosed buildings separated by fifty (50) feet
                              from any property line of a residentially zoned lot.

               5.     Employees
                       Not more than one (1) person who is not a resident of the dwelling unit may
                       be employed in the home occupation.

               6.     Parking
                       A.    A home occupation shall provide additional off-street parking area
                                adequate to accommodate all needs created by the home occupation, 
                                but in no case shall provide more than (2) additional off-street parking
                                spaces.
                       B.     Required off-street parking to serve a home occupation shall not be
                                permitted in the front yard of the dwelling, other than in a driveway
                       C.     To the maximum extent feasible, side yard areas shall not be
                                converted to off-street parking areas to serve a home occupation.
         
                7.     Personal and Professional Services
                        Personal and professional services shall be provided on an appointment-only
                        basis.

                 8.    Prohibited Home Occupations as Accessory Uses
                        The following uses and activities shall not be permitted or conducted as a
                         home occupation:
                         A.     Bed and breakfast inns;
                         B.     Funeral homes;
                         C.     Lodging;
                         D.     Restaurants;
                         E.     Retail sales and services;
                         F.     Vehicle or equipment sales, rental, or repair; or
                         G.     Veterinary facilities and/or small animal clinics or kennels.

f.     Swimming Pools
       Swimming pools, including spas, may be allowed as an accessory use subject to the
       following conditions:

       1.     Placement: Swimming pools shall be placed only in a rear yard. On
               residential lots, the pool shall be placed no closer than 15 feet to the side or
               rear lot line. On corner residential lots, the pool shall be no closer that 50
               feet to the side lot line.
       2.     Height: No swimming pool shall have a height above grade greater than 52
               inches (as measured at a distance of six (6) inches from the side of the pool).
               The height of any pool appurtenances shall not be greater than 3 feet above
                the top of the pool. The combined height above the ground of any swimming
                pool plus appurtenances shall not exceed 6 feet at any point.
        3.     Enclosure/Fencing:
                A.     All swimming pools shall be completely surrounded by a fence or
                         wall not less than four feet in height (measured from finished grade
                         level), which shall be so constructed as not to have openings, holes,
                         or gaps larger than four (4) inches wide except for doors and gates. A
                         principal or accessory building may be used as part of such enclosure.
                B.     All gates or doors opening through such enclosure shall be equipped
                        with a self-closing and self-latching device for keeping the gate or
                        door securely closed at all times when not in actual use, except that
                        the door of any dwelling or accessory building which forms a part of
                        the enclosure need not be so equipped
                 C.    A portable spa may be secured by the use of a rigid safety cover with
                         a locked top, in lieu of a fence or wall. A portable spa is defined as a
                         non-permanent structure intended for recreational bathing, for which
                         all controls, water heating, and water circulating equipment are an
                         integral part of the product.
        4.       Screening: All swimming pools shall be screened by material of sufficient
                  density to obscure its view from adjacent dwellings and/or public streets.
                  Screening shall be placed no closer to the side of the pool than 72 inches.

         5.      Illumination: All illumination for the pool or surrounding area must be
                  directed entirely onto the pool area and must not shine onto adjacent
                  properties or streets. (See Section 1207.14, "Exterior Lighting.")

         6.      Drainage: Discharge of any water from a swimming pool shall be onto the
                  property where the pool is located or into the nearest storm sewer. The
                  discharge shall not flow onto, through, or otherwise affect adjacent
                  properties.

          7.     Other Regulations: The construction and operation of swimming pools shall
                  meet all other applicable county and state regulations.

g.     Parking of Trucks, Mobile Homes, Recreational Vehicles and Equipment, and Cars.
     
  1.     The parking or storage of inoperable, abandoned, or unlicensed vehicles is
                prohibited outdoors in all districts. See Section 1207.12(g). The parking,
                storage or placement of mobile homes is prohibited in all districts, except by
                permission of City Council pursuant to Section 1206.04(b)(4).

        2.     No truck shall be parked overnight or stored in any district, except for
                Districts 6 and 8, unless in an enclosed structure. No truck or bus shall be
                parked during daylight hours in any district, except Districts 6 and 8, unless
                for deliveries.

        3.     Recreational vehicles and equipment shall not be parked or stored on a lot in
                any zone district for more than three (3) calendar days in any calendar month,
                regardless of the actual length of time that the recreational vehicle or
                equipment is parked or stored on the lot in any one calendar day. The parking
                or storage shall only be for the purpose of cleaning, loading and repairing
                such recreational vehicle or equipment before or after it has been used.

         4.     Recreational vehicles and equipment, shall have no fixed connections to
                 electricity, water, gas or sanitary sewer facilities, nor shall they be used for
                 dwelling, business, or commercial purposes or for any accessory uses in any
                 zone district.

         5.     Recreational vehicles and equipment may be parked or stored in any zone
                 district within an enclosed structure or, if parked or stored outside all of the
                 following requirements shall be satisfied:
                 A.     The vehicle or equipment may be parked no closer to the street than
                          the front wall of the dwelling. On a corner lot this restriction applies
                          to the distance from the side street also. Bufferyard C, as defined in
                          Section 1207.04 of this Code shall be installed.

                 B.     Not more than one recreational vehicle or one piece of recreational
                          equipment per premises may be so parked.

                 C.     Screening material of sufficient density to obscure recreational
                          vehicles and equipment from adjacent dwelling and/or public or
                          private streets shall be provided.

                 D.     The vehicle or equipment shall be parked no closer than three (3) feet
                          from any property line.

         6.     Parking of any recreational vehicles and equipment, shall only be allowed in
                 the side or rear yards of a lot on which exists a single-family or duplex
                 dwelling.

         7.     Parking of more than one (1) recreational vehicle or one (1) piece of
                 recreational equipment and/or more than five (5) cars in any yard area of a lot
                 on which exists a single-family or duplex dwelling shall be prohibited.

Section 1206.04    Temporary Uses

  1. Permit Required
    A permit for temporary uses may be issued within any zone district provided such temporary use meets the requirements of this section. The permit shall be issued for a specified period and shall contain such conditions as are necessary for protection of the public health and safety and as necessary to mitigate any potential adverse impacts. The City Council, or the City Manager, as authority is specified, may require such assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances.

  2. The following temporary uses may be permitted by City Council:
    1. Holiday Sales
      1. Holiday sales activities, such as sales of Christmas trees, shall be
        permitted temporary uses in the following Districts:
        1. District 5-Village Core/Historic District
        2. District 6-Western Hudson Gateway
        3. District 7-Outer Village Commercial Corridor and Office
          Overlay Zone
        4. District 9-Darrowville Commercial Corridor.
      2. The term of the temporary use permit shall not exceed sixty (60) days
      3. Permitted holiday sales activities may occur within required zone
        district setbacks, provided that no display shall encroach into a
        required setback by more than fifty (50) percent of the required
        setback depth and provided that no display or related equipment shall be located within a required sight triangle.

    2. Seasonal Sales:
      1. Seasonal sales of farm produce and packaged agricultural products shall be permitted as a temporary use in the following Districts:
        1. District 2-Rural Residential Conservation
        2. District 5-Village Core/Historic District
        3. District 7- Outer Village Commercial Corridor and Office
          Overlay Zone
        4. District 9-Darrowville Commercial Corridor
        5. District 10-Ravenna Road Mixed-Use Corridor
      2. Structures incidental to such sales need not comply with the applicable front setback requirements provided that no such structure shall be located within a required sight triangle.
      3. The term of the temporary use permit shall not exceed sixty (60) days.
      4. All structures incidental to such sales shall be removed at the end of the season during which they are used.

    3. Special Events:
      1. Special events shall be a permitted temporary use in the following Districts:
        1. District 2-Rural Residential Conservation
        2. District 5-Village Core/Historic District
        3. District 6-Western Hudson Gateway
        4. District 7-Outer Village Commercial Corridor and Office
          Overlay Zone
        5. District 8-Industrial/Business Park
        6. District 9-Darrowville Commercial Corridor
        7. District 10-Ravenna Road Mixed-Use Corridor
      2. The term of the temporary use permit shall not exceed three (3) weeks.
      3. Permitted carnivals/circuses may occur within required zone district setbacks, provided that no display shall encroach into a required setback by more than fifty (50) percent of the required setback depth and provided that no display or related equipment shall be located within a required sight triangle.

    4. Temporary Housing:
      1. A mobile home or camper may be permitted as a temporary use in all Districts for the purpose of providing a temporary residential structure following a disaster, such as fire, windstorm, or flood.
      2. Such temporary housing shall be located to minimize its impact on any adjacent residential uses. A sketch plan showing the proposed location shall be approved by the City Manager as part of the permit application.
      3. The term of the temporary use permit shall be no more than six (6) months, except that the City Manager may extend the term for an additional six-month period upon showing of good cause by the owner.
      4. Permitted temporary housing shall be removed within thirty (30) days after the completion of the permanent residential structure on the site, even if the temporary use permit is still valid.

  3. Contractor's Office/Temporary Construction Uses may be permitted by the CityManager as follows:
    1. Permitted in all Districts. The use of construction sheds or construction
      trailers in connection with site construction, or an area used for the temporary storage of building materials and equipment necessary for construction of a permanent use, are permitted temporary uses in all Districts, subject to the following regulations and restrictions.

    2. Term of permit. The term of a temporary use permit for construction uses shall automatically expire thirty (30) days after completion of construction, or upon cessation of construction for more than sixty (60) days, or one (1) year after issuance, whichever occurs first. The City Manager may grant up to three, six-month extensions if the builder maintains active and continuous construction on the site or within the subdivision.

    3. Site requirements.
      1. A construction trailer, construction shed, or a construction yard, shall be located on the lot on which construction is progressing and shall not be located within twenty-five (25) feet of any abutting residential use.
      2. A construction yard may be sited on a lot adjacent to the construction site provided that access from the temporary construction yard to the construction site(s) does not affect public streets or surrounding uses
      3. Siting of a temporary construction yard shall provide adequate
        buffering for adjacent structures and uses.
      4. A construction yard shall be maintained in good condition during the time of its use. Construction yards and sites shall be regularly mowed and weed growth shall be controlled. Trash and rubbish
        barrels/receptacles shall be provided on-site and trash pick-up and removal shall occur on at least a weekly basis.

    4. Dwelling prohibited. A construction trailer or construction shed shall be used only as temporary field offices and for storage of incidental equipment and supplies, and shall not be used as any type of dwelling.

    5. Commencement of use. A construction trailer or construction shed, or a
      temporary construction yard, shall be moved, erected, or established on a construction site no earlier than two (2) weeks prior to the date on which construction actually commences. If construction is interrupted and ceases for more than sixty (60) days, a construction trailer or construction shed shall be removed until actual construction commences again.

    6. Fire hazards. No flammable materials, as defined in the City's Fire Code, shall be stored in the construction trailer or construction shed.

    7. Trailer/shed requirements:
      1. All construction trailers and construction sheds shall have at least ten (10) feet on all sides for clearance. Two or more construction trailers may be joined for passage from trailer to trailer.
      2. All construction trailers and construction sheds shall contain solid floors, electric lights, heat, and doors with locks.
      3. Every construction trailer and construction shed shall be maintained in clean and orderly condition, with rubbish barrels for waste materials.

    8. Completion of temporary use: Upon completion of the temporary use, the site shall be cleaned, all evidence of the use(s) removed, and left in a condition that minimizes adverse impacts to the site itself and to surrounding properties.                                                                             


d.   Portable Storage Units may be permitted by the City Manager as follows:

The use of portable storage units manufactured for that purpose, commonly known as PODS – Portable On-Demand Storage and similar products which are placed onto a property for a temporary period are permitted, provided they are in compliance with the provisions of this subsection. Such temporary use may be used as temporary storage of personal property or to transport such property to a different location. Portable storage units shall not be considered structures under the provisions of this code if registered with the City and in compliance with the following regulations and restrictions.

1.   Registration Required.  Prior to their use, all portable storage   units shall be registered with the Department of Community Development.

2.   Term and cost of permit.  Upon registration, portable storage units shall be allowed for no more than two (2) periods in any twelve (12) month period, one (1) period no more than sixty (60) days in length and another period not more than thirty (30) days in length, except that the City Manager may extend either of the periods upon a showing of extenuating circumstances, such as repair for fire damage.  No fee shall be charged for the application or issuance of this temporary use permit.

3.   Site requirements.  The portable storage unit must be placed on a paved or graveled surface and be at least five (5) feet from all property lines and must be placed within a rear yard area if accessible by an existing driveway.  The number of portable storage units shall not exceed two and each shall be no larger than ten (10) by eighteen (18) feet.”

Section 1206.05    Nonconforming Uses/Structures/Lots

  1. Applicability
    The provisions of this section shall apply to uses, structures, and lots that were legally existing as
    of the effective date of this Code, December 31, 1999, but that become non-conforming as the
    result of the application of this Code to them or from reclassification of the property under any
    subsequent amendments to this Code.

  2. Purpose
    It is the general policy of the City of Hudson to allow nonconforming uses, structures, or lots
    to continue to exist and to be put to productive use. However, it is also the general policy of the
    City to bring as many aspects of such nonconformities into conformance with this Code as is
    reasonably practicable, all subject to the limitations of this section. The limitations of this section
    are intended to recognize the interests of property owners in continuing to use their property but
    to reasonably control expansions, reestablishment of discontinued uses, and the re-establishment
    of nonconforming buildings and structures that have been substantially destroyed.

  3. Authority to Continue
    Nonconformities shall be allowed to continue in accordance with the requirements of this section.

  4. Repairs and Maintenance
    Repairs and normal maintenance required to keep nonconforming uses and structures in a safe
    condition shall be permitted, provided that no alterations shall be made except those allowed by
    this section or required by law or ordinance.

  5. Nonconforming Uses
    Nonconforming uses shall be subject to the following standards:
    1. Enlargement
      A nonconforming use may be enlarged, increased, or extended beyond the area it occupied
      as of the effective date of this Code, December 31, 1999, provided that the Board of Zoning
      and Building Appeals, pursuant to the procedure set forth in Section 1203.06 of this Code,
      finds all of the following:
      1. The enlargement will not interfere with the operation of conforming uses in the District
        or with circulation on adjacent public streets; and
      2. The enlargement will cause no greater adverse impacts on surrounding properties than
        did the original nonconforming use; and
      3. Increases and enlargements do not exceed twenty-five (25) percent of the area that the
        nonconforming use occupied as of the effective date of this Code, or except as (D) below.
      4. Increases and enlargements do not exceed one hundred fifty (150) percent of the area
        within the existing exterior walls of the building that the nonconforming use occupied and
        said use and building existed as of the effective date of this Code.

    2. Relocation
      No nonconforming use shall be moved in whole or in part from its original location as of the effective
      date of this Code to any other part of such parcel, building, structure, or to another lot except in
      compliance with this Code.

    3. Discontinuance and Abandonment:
      1. If a non-conforming use is voluntarily discontinued for a period of twenty-four (24)
        consecutive months or more, any use of the property thereafter shall be in conformance
        with regulations and provisions set by this Code for the district in which such property
        is located.
      2. Discontinuance of a nonconforming use may be indicated by non-use and the removal
        of either stock-in-trade or substantially all equipment, fittings, or furniture needed to
        operate the use.

    4. Damage or Destruction
           A.  Except as otherwise expressly permitted in subpart (B) below, if any structure that is 
                 devoted in whole or in part to a nonconforming use is damaged or destroyed, by any 
                 means, to the extent of more than fifty (50) percent of its fair market value prior to the 
                 destruction, such use shall not be restored except in conformance with this Code. The 
                 determination of such reduced value shall be made by the Board of Zoning and
                 Building Appeals, which may, if necessary, consult with a city-appointed appraiser.

           B   A structure devoted solely to a nonconforming single family dwelling or two-family
                residential use that is damaged or destroyed by fire, earthquake or other act of God, 
                may be reconstructed so as not to exceed 110% of the gross floor area of the previous 
                structure as used before such event of damage or destruction.  All reconstruction of
                the structure must be completed within two years following the event of damage or 
                destruction, shall not increase the degree of nonconformance or noncompliance existing 
                prior to such  damage or destruction, and shall otherwise be in conformance with this code.
    5. Change in Use/Substitution:
      1. The Board of Zoning and Building Appeals may permit a nonconforming use to be
        changed to a second non-conforming use provided that the new use shall be of the
        same general character or of a character less intensive than the original nonconforming
        use and provided the new use will result in equal or less impact on the
        surrounding community and district.
      2. A nonconforming use that changes to a conforming use or to a second nonconforming
        use as set forth in paragraph (A) above may not thereafter revert to the original
        nonconforming use.

    6. Accessory Uses
      No use that is accessory to a principal nonconforming use shall continue after such principal
      nonconforming use ceases or terminates.

    7. Nonconforming as to Parking
      1. Nonconformity as to off-street parking or loading shall not render a use subject to the
        conditions of this section.
      2. A use that is nonconforming as to off-street parking or loading shall not be changed
        to another use requiring more off-street parking or loading unless the additional required
        parking or loading is provided.
      3. The Board of Zoning and Building Appeals may permit a nonconforming use to provide
        off-street parking or loading on a lot other than the lot on which the use is located.

  6. Nonconforming Structures
    A nonconforming structure as more fully defined in Section 1213 includes a structure lawful prior to
    the Land Development Code, but which fails to meet setback, height, or other site development
    requirements of this Code. Nonconforming structures other than those which nonconformity is
    created by size of use limitations listed by Uses by Right and Conditional Uses of each Zoning
    District of Section 1205 shall be subject to the following standards:
    1. Enlargement
      1. A nonconforming structure may be expanded without approval from the BZBA provided
        the proposed expansion does not exceed 50% of the existing footprint and:
        1. The expansion does not increase the degree of non-conformity; or,
        2. The extension of a structure which is nonconforming due to side yard
          setback shall be allowed so long as the extension is not closer to the
          side property line and the extension does not exceed 25% of the existing
          structure length, including porches and architectural features but excluding
          decks. Existing footprint and structure length shall mean the dimensions as
          they existed December 31, 1999.
      2. A nonconforming structure may otherwise be enlarged, increased, or extended beyond
        the area it occupied as of the effective date of this Code, December 31, 1999, provided
        the Board of Zoning and Building Appeals, pursuant to the procedure set forth in
        Section 1203.06 of this Code, finds all of the following:
        1. The enlargement will not interfere with the operation of conforming uses in the
          District or with circulation on adjacent public streets; and
        2. The enlarged structure will cause no greater adverse impacts on surrounding
          properties than did the original conforming structure.
      3. The nonconforming structure is not a structure that is the subject of listed "Uses By-Right"
        or "Conditional Uses" in Chapter 1205 that have a gross floor area limitation or that have
        a gross floor area limitation on Main Street in District 5.

    2. Damage or Destruction:
      1. If any nonconforming structure is damaged or destroyed, by any means, to the extent
        of more than fifty (50) percent of its fair market value prior to the damage or destruction,
        such structure shall not be restored except in conformance with this Code. The determination
        of such reduced value shall be made by the Board of Zoning and
        Building Appeal, which may, if necessary, consult with a cityappointed appraiser.
      2. If a nonconforming structure is damaged or destroyed, by any means, to the extent of fifty
        (50) percent or less of its fair market value prior to the damage or destruction, no repairs or
        restoration shall be made unless commenced within six (6) months and completed within
        twenty-four (24) months of the date of the calamity. The determination of such reduced
        value shall be made by the Board of Zoning and Building Appeal, which may, if necessary,
        consult with a city-appointed appraiser.

    3. Relocation
      Nonconforming structures shall not be moved for any reason or for any distance except to be
      brought into compliance with this Code.

  7. Non-Conforming Lots of Record
    1. Development Permitted.
      Regardless of the area or width of a lot of record that legally existed as of the effective date
      of this Ordinance, December 31, 1999, and subject to paragraph (2) below, such lot may be
      developed for any use permitted in the district in which the lot is located, provided, however,
      that where required setback, open space, density, or other requirements make development
      impractical, the Board of Zoning and Building Appeals may permit development to occur after
      granting specific variances.

    2. Consolidation Required.
      If two or more lots or parcels are contiguous, in single and common ownership, and are of
      record as of the effective date of this Code, December 31, 1999, or amendments thereto, and
      if all or part of the lots or parcels with no principal structures thereon do not meet the minimum
      lot area requirements set forth in the applicable district regulations of this Code, then the lands
      involved shall be considered to be a single, undivided parcel for the purposes of this Code.  No
      portion of such parcel shall be used or sold in a manner that renders compliance with the lot area
      requirements set forth in this Code less feasible, nor shall any division of any parcel be made that
      creates a lot with a width or area less than the requirements set forth in this Code.

Section 1206.06    Use Classification Procedure

  1. Applicability
    1. The zone district use regulations in this Code set forth broad classes of
      permitted uses. Whenever there is a dispute whether a specific, proposed use
      falls into one of the broader classes of permitted uses, the provisions of this
      section shall apply to resolve the dispute.
    2. The provisions of this section shall not apply to permit any use that is
      specifically prohibited in a zone district.

  2. Procedure for Determination of Disputed Uses
    All questions or disputes whether a specific proposed use is permitted in the
    applicable zone district shall be determined upon application to the City Manager.
    Within fourteen (14) days from the date that a submitted application is certified as
    complete pursuant to Section 1203.01(c) above, the City Manager shall make a
    determination as to whether the proposed use falls into a use category permitted either
    by-right or conditionally in the applicable zone district, based on the standards and
    criteria set forth in Section 1206.06(c) below.

  3. Standards for Review
    A determination whether a proposed specific use is permitted in a particular zone
    district shall be made based on consideration of the following criteria and standards:
    1. The proposed use is of the same general character in terms of external
      impacts, hours of operation, and the like, or within the same SIC group
      number classification, as the latter is defined in the Standard Industrial
      Classification Manual (OMB) 1987 or its successor publication), as any
      of the uses permitted by-right or as conditional uses; and
    2. The impacts of the proposed use are equal to or less than any specifically
      listed permitted or conditional uses in the zone district in which the proposed
      use is to be located, considering but not limited to impacts on traffic, the environment,
      and surrounding properties; and
    3. The prposed use is consistent with the stated intent and purposes of this Code
      and the zone district in which it is to be located.
       
  4. Application´╗┐
    Applications for determination of disputed uses shall be submitted to the City Manager
    upon such forms as approved by the City Manager.
  5. Submittal Requirements
    See Appendix A for submittal requirements for applications for determination of disputed
    uses.
  6. Appeals
    See Section 1212.01(a).